Appeals Court to Decide if Far-Right Challenge to Nevada’s Election Worker Protection Law Can Continue
The 9th U.S. Circuit Court of Appeals will hear oral argument Friday over whether the plaintiffs in a lawsuit challenging Nevada’s 2023 bipartisan Election Worker Protection Law (S.B. 406) have standing to sue.
The case was dismissed twice before at trial court before plaintiffs appealed to the 9th Circuit. In both instances, the judge ruled that the plaintiffs — a group of former election workers and poll watchers — lacked standing to bring the case.
In May 2023, Gov. Joe Lombardo (R) signed into law S.B. 406, which created new felony offenses to protect election workers from intimidation, harassment and election interference. It also prohibited disseminating an election worker’s personal identifying information or other sensitive information without their consent — a practice known as “doxxing.”
Former Nevada Republican National Committeewoman Sigal Chattah brought the case on behalf of the plaintiffs in June 2023, alleging the law is unconstitutionally vague. They argued the law would chill First Amendment rights, violate due process under the 14th Amendment and “interfere with…rights and liberties” under the Nevada Constitution.
The defendants, including Lombardo and Nevada Secretary of State Francisco Aguilar (D), claimed the plaintiffs lacked standing because they couldn’t show how they would be harmed by the law.
“Plaintiffs have shown they are unable to articulate any protected speech that S.B. 406 prohibits…. Plaintiffs have not—and cannot—point to anything vague in S.B. 406,” a court filing moving to dismiss the case reads.
The trial court agreed and barred the plaintiffs from trying again the second time it dismissed the case.
Plaintiffs appealed to the 9th Circuit, asking a three-judge panel to rule on standing. If it rules in their favor, the case will go back to trial court where a federal judge will determine the constitutionality of S.B. 406.
Oral argument takes place March 7 at 12:30 p.m. ET.