State of Nevada

Nevada Election Worker Protection Law Challenge

Vanness v. Aguilar

Lawsuit filed by failed Republican attorney general candidate and Nevada Republican National Committeewoman, Sigal Chattah, on behalf of Nevada residents challenging Nevada’s recently enacted Election Worker Protection Law, Senate Bill 406. S.B. 406 creates new offenses designed to protect election officials from intimidation and election interference. This includes prohibiting the dissemination of “any personal identifying information or sensitive information of an elections official without the consent of the elections official.” 

The lawsuit argues that S.B. 406’s protections for election workers are overbroad and therefore violate the First Amendment. The plaintiffs also argue that S.B. 406 violates their right to due process under the 14th Amendment and assert that the plaintiffs are “entitled to engage in conduct without criminal prosecution of basic First Amendment freedoms under a statute that should avoid chilling the exercise of First Amendment rights.” Additionally, the lawsuit argues that the S.B. 406’s “arbitrary inclusion of the terms ‘intimidation’ and ‘undue influence’ interferes with Plaintiffs’ rights and liberties” under the Nevada Constitution. Moreover, the plaintiffs allege that the term “election official” is “so opaque and uncertain, that Plaintiffs and others similarly situat[ed] cannot determine who an election official is and who is protected under SB 406.” The plaintiffs request that the defendants be prohibited from enforcing S.B. 406.

On Oct. 20, 2023, the judge dismissed the case. On Nov. 2 the plaintiffs filed an amended complaint, thereby reopening the case. On April 8, 2024, the judge dismissed the case for a second time.

STATUS: On May 1, the plaintiffs appealed to the 9th U.S. Circuit Court of Appeals.

Case Documents (District court)

Case Documents (9th Circuit)

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