Senate committee hears bill to let Secretary of State step in when local election duties fall behind

Senate Committee on Legislative Operations and Elections Chair called a hearing on Senate Bill 100, a bill sponsored by Senator Skip Daly that would create a process for the Secretary of State to intervene if a public officer or other person fails to perform required election duties by statutory deadlines.

The bill would require the person responsible for running an election to notify the Secretary of State and the Attorney General if they cannot meet a deadline. If notified — or if the Secretary of State otherwise determines a local official is not timely performing duties — the bill (as amended in committee discussion) would allow the Secretary of State to relieve that office of the specific duties and take steps necessary to ensure the election is administered "properly and timely"; the Secretary of State would be entitled to recover costs from the county if the intervention is necessary. If both the Secretary of State and Attorney General decline or fail to act, the bill would allow a registered voter to seek a court appointment of a special master to administer the election. The bill sets an effective date of July 1, 2025.

Why it matters: Sponsor Daly framed the measure as a narrow accountability and continuity mechanism after what he described as "near misses" in Washoe County during the 2024 elections. "The intent behind this proposal is to ensure that elections in Nevada run properly, fairly, and timely as provided by state law," Daly told the committee. Supporters said the measure would protect the timeline of elections; opponents said it risks state overreach into locally run elections and imposes severe criminal penalties for missed deadlines.

Sponsor presentation and proposed amendments

Senator Daly said the bill is intended to create a "fail safe procedure" after two incidents in Washoe County where he said the county nearly missed deadlines (including hiring a printer for sample ballots and a delay in canvassing primary results). Daly described his amendment giving the Secretary of State authority to act without first going to court and said the office could recover costs from the county, and that the Attorney General and a court-appointed special master would have parallel authorities if required. He also described a regulatory subsection allowing the Secretary of State to set steps and deadlines by regulation so counties and vendors would know required timelines.

Testimony in support, neutral and opposition

Doug Goodman, executive director of Nevadans for Election Reform, testified in support, calling the 2024 incidents an "embarrassment" for Washoe County and arguing SB100 provides a necessary backstop. Several county and municipal election officials and associations testified in opposition or neutral with concern. Vincent Guthrieau, executive director of the Nevada Association of Counties, said members are troubled by ambiguities in the bill, particularly the definitions of "timely" performance and the creation of a category E felony for failing to meet deadlines. Ashley Kennedy for Clark County noted that counties and cities already operate under hundreds of state and federal timelines and urged clear parameters before imposing criminal liability or state takeover authority.

Other opponents — including elected local clerks, representatives of municipal clerk associations and several individual citizens — argued SB100 could allow the Secretary of State to "usurp" locally elected or appointed election officials, could create costly litigation, and could disproportionately penalize election workers for delays beyond their control. Several speakers asked the committee to narrow the bill’s language to exclude events beyond a public official’s control (for example, natural disasters) and to clarify when and how the Secretary of State may charge costs to a county.

Penalties and scope

The bill would add to existing law a provision that failing to perform duties in a timely manner in accordance with established deadlines may constitute a category E felony under state law; committee legal counsel confirmed under NRS 193.130 a category E felony carries a minimum of one year and a maximum of four years in prison. Daly told the committee he is willing to refine language to avoid criminalizing inadvertent or excusable delays and to ensure the emergency carve-outs are explicit.

Votes at a glance

Before the SB100 hearing, the committee voted to introduce two BDRs that came from the interim Legislative Operations and Elections Committee: BDR 24-361 (relating to elections; creating a filing fee for presidential preference primary candidates) and BDR 17-365 (relating to legislative affairs). Both motions to introduce were moved by Vice Chair Daley and seconded by Senator Krasner and were recorded as passing unanimously with Majority Leader Cannizzaro excused.

What the committee did: The committee took testimony and heard amendments and did not take a final vote on SB100 at this hearing. The sponsor closed by saying he would work with stakeholders on clarifications and emergency carve-outs. "If someone just doesn't want to vote for some of the things, on those, the duties are spelled out...if they perform it, nothing's gonna happen," Daly said.

Ending: The committee did not advance SB100 at this meeting; the sponsor said he would work on clarifying amendments and the chair moved on to the next bill hearing.