A federal judge in Nevada has dismissed a lawsuit against the Election Worker Protection Act, signed into law by Governor Lombardo last year.
The lawsuit, filed on behalf of four people claimed the law violated the First Amendment and violated the "substantive due process of the Fourteenth Amendment." It claims because of this, two sections of the law "will subject poll workers' innocuous, legitimate behavior to criminal liability in future elections."
Senate Bill 406 makes it a felony to harass, threaten or intimidate election workers and/or poll observers with the intent to interfere in an election.
It also makes it a felony to share personal information about an election worker without their consent.
In addition, the law allows election employees to request their personal records, as well as their families be kept confidential through the DMV.
The judge's ruling, dated April 8, says that the group "failed to allege an injury in-fact and thus lack standing to bring this suit" later adding that the "plaintiffs also fail to demonstrate past prosecution or enforcement under the challenged statute."
Nevada Secretary of State Francisco V. Aguilar released the following statement after a federal judge dismissed a lawsuit against the Election Worker Protection Act:
“I’m grateful to Judge Silva for dismissing the case against Governor Lombardo and I with prejudice. The Election Worker Protection Act was brought by a Democratic Secretary of State, passed with unanimous bipartisan support, and was signed by a Republican Governor. Nevada has said loud and clear: threats and harassment against election workers will not stand.
Elections don’t work without people. As we approach the June Primary and November Presidential Election, our local election officials and poll workers will be protected when they go to work and at home thanks to this bill. Our focus remains on conducting some of the most secure, transparent and accessible elections in the country.”
The Motion to Dismiss, filed by the Nevada Attorney General’s Office on behalf of Governor Joe Lombardo and Secretary Aguilar, was granted by Judge Cristina Silva for a lack of standing. The secretary of state's office says the court found the plaintiffs failed to allege a credible threat of prosecution and dismissed the case with prejudice.
