By Marsha Berkbigler
Nevada’s Secretary of State (SOS) Cisco Aguilar has asked the Supreme Court to provide an opinion on whether County Commissioners possess the authority to refuse certification of an election based on concerns regarding its validity even when there are known issues.
This query demands a definitive answer from our State’s highest court, an answer that needs to address the question of whether a duly elected official representing a County or City must vote for something just because the State Legislature requires it of them.
The residents of Washoe County and the State must confront a crucial question: why have state elected officials neglected to dismantle the antiquated Dillion’s Rule mentality? It’s my theory that no changes have been made because under the current structure many decisions can be made behind the scenes by powerful groups while keeping them out of sight of Nevada residents. Nevada has a biannual legislative session which results in interim committees making decisions regarding many things including some projects paid for with tax dollars.
County Commissioners, entrusted by the electorate, must be able to review every facet of County operations. In fact, shouldn’t they be obligated to rigorously oversee and question these operations? If state authorities are to arbitrate on County matters, then perhaps the very existence of local governments becomes questionable. Why should taxpayers fund redundant governmental layers if pivotal decisions are centralized at the state level?
It is essential that we recognize the current concerns over the validity of past elections are not the only challenge that could be made over how Commissioners vote. If the State decides to pass unfunded mandates to a County, should a commissioner be forced vote to support the issue even if the constituents oppose those mandates? Can the Commissioner once again be brought up on charges and threatened with impeachment? This issue transcends simplistic accusations of “rogue” commissioners; it is a matter steeped in political maneuvering.
The recent presentation by the County Registrar of Voters laid bare the election’s deficiencies: omitted candidates, undelivered and duplicated mail-in ballots, ballots sent to incorrect addresses, and voting from non-residential locations. These revelations included the troubling image of a Registrar employee inserting a thumb drive into a computer against established protocols. Moreover, the persistent failure to purge voter rolls in Washoe County, a practice adopted elsewhere in Nevada, exacerbates the issue.
If the SOS is correct and the State can demand a County Commissioner vote a certain way, then it is time for the County Commissioners and administration to embrace a leadership mantle, investigating the necessary reforms to ensure seamless elections that restore voter confidence and then, if necessary, take proposed changes to the State Legislature to fix any and all “rogue” laws.
Trust in government is paramount, yet currently elusive. Despite investing $100,000 in taxpayer dollars for an external review of the Registrar’s activities, the County has yet to implement the recommended changes.
When will the fiscal irresponsibility cease? When will the concerns of County residents resonate within the halls of governance? The imperative is clear: a transformative approach to election administration that assures every citizen their voice is heard and valued.
Marsha Berkbigler has had a broad career in government relations, external affairs and politics. She served two terms as a Washoe County Commissioner.
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