Washoe DA GOP primary is winner-take-all because of 2015 law signed by Gov. Sandoval

RENO, Nev. (News 4 & Fox 11) — A wrinkle in Nevada’s election laws means the Republican primary for Washoe County District Attorney in 2026 is a winner-take-all contest — whoever wins the GOP primary will appear on the November general election ballot unopposed and win the seat outright.

Only two Republicans tossed their hats in the ring — incumbent Chris Hicks and Sparks city attorney Wes Duncan. And because no Democrats, nonpartisans or third-party candidates filed to run, the GOP primary will determine the next district attorney.

Washoe DA GOP primary is winner-take-all because of 2015 law signed by Gov. Sandoval

FULL RACE PREVIEW: Washoe County DA race: GOP primary between Hicks, Duncan will decide next top prosecutor

The unusual dynamic leaves over two-thirds of the Washoe County electorate with no say whatsoever in selecting the county’s top prosecutor for the next four years. So why is it this way?

It’s not because of a decades-old provision in Nevada Revised Statutes, rather an intentional law change passed in 2015 and signed by then-Gov. Brian Sandoval.

Prior to 2015, if only one major party had candidates file for an office, there was no primary contest under Nevada law. Instead, all of that party’s candidates automatically advanced to the general election, where voters from all parties would select the winner.

But in 2015, Senate Bill 499 changed all of that. SB 499, sponsored by the Senate Committee on Legislative Operations and Elections, originally sought to create a top-three open primary with ranked choice voting in the general, said Doug Goodman, founder and executive director of Nevadans for Election Reform.

Goodman, who supports increasing participation for Nevada’s growing nonpartisan voting bloc, initially backed that legislation. But on amendment, those provisions were stripped out entirely and replaced with entirely different language.

Under the amended bill, a party primary must be held regardless of the number of candidates. That primary contest would determine the party’s one nominee, who would advance to the general election unopposed.

It received unanimous bipartisan support in the Nevada Senate and passed with a two-thirds majority in the Nevada Assembly. 14 Assembly Republicans voted no on Senate Bill 499, but it passed anyways and was signed into law by Gov. Sandoval.

TMCC political science professor Fred Lokken told News 4-Fox 11 he believes it’s created an undemocratic scenario.

I see this as the most undemocratic concept of elections that has ever been perpetrated.

“It’s done in a number of states, Nevada’s not the only one, but a primary is not a deciding election. There should be no decision for the fall election made months in advance when voters aren’t paying attention,” Lokken said. “It’s all in favor of the parties. It cuts down in those elections, the notion that they have to go through another round.”

In contrast, many others would argue that only a party’s voters should be able to select a party’s nominee.

Attempts to undo this change have been unsuccessful. In 2019, Assembly Bill 259 would’ve reversed that provision of the 2015 legislation — it passed in the Assembly 30-10 but never came up for a vote in the Senate that year.

Another possible solution would be to make countywide offices such as district attorney, clerk and assessor nonpartisan contests. Lokken even floated that such positions should be appointed.

“I really hope that the 2027 (Nevada) legislature is willing to reopen this and consider fixing it. A partial open primary makes a whole lot of sense, and not allowing it to be the decision-maker makes a lot of difference … I would suggest that a lot of these positions should be appointed, not elected. There are too many elections.”

Email reporter Ben Margiott at bjmargiott@sbgtv.com. Follow @BenMargiott on X and Ben Margiott KRNV on Facebook.