A lawsuit filed by four Nevada residents, Washoe County residents Susan Vanness and Robert Beadles and Clark’s Alexandrea Slack and Martin Waldman, aiming to block a bill newly signed into law that makes it a felony to threaten and intimidate election workers, was filed on Mon., Jul. 3.
Senate Bill 406, signed by Governor Joe Lombardo in May and spearheaded by Secretary of State Cisco Aguilar, criminalizes any act of violence or intimidation against election officials and interfering in an election, carrying a penalty of one to four years in prison.
The plaintiffs argue that the new law places “impossible” and “unpredictable” burdens on people who even speak with election officials during elections. They fear that even basic activities and minimal expressions as poll observers could subject them to criminal penalties.
For instance, if an observer vocalizes objections to conduct during an election, it could be interpreted as intimidation and result in criminal penalties.
The plaintiffs’ attorney, Sigal Chattah, a former candidate for attorney general and the Republican national committeewoman for the Nevada Republican Party, asserts that the law is unconstitutional as it criminalizes lawful activities and speech protected under the First Amendment. The law lacks exemptions for law-abiding poll observers and election workers, making it potentially problematic for supervisors confronting perceived wrongful conduct.
The lawsuit targets Lombardo and Aguilar as defendants, with the plaintiffs seeking a temporary restraining order to block the enforcement of the law, as well as damages and injunctive relief. The legislation took effect on Wed., May 24, with unrelated provisions taking effect on Sun., Oct. 1.
The legislation came after unsubstantiated claims of increasing reports of threats against election workers in Nevada.
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