Nevada committee hears AB 123 to address threats and intimidation against candidates

The Assembly Committee on Legislative Operations and Elections heard testimony on AB 123, a bill that would bar threats and intimidation directed at candidates during political campaigns and create a two-step investigatory process involving the Secretary of State and the Attorney General.

The bill’s sponsor, Assemblymember Hana Adi Nadim (Assembly District 34), told the committee she introduced AB 123 after receiving death threats while campaigning. “No one should have to fear for their life or to be discouraged from running for office because of the actions of another,” Nadim said.

Supporters and the bill’s technical presenter, Atar Hasibullah, executive director of the ACLU of Nevada, described a conceptual amendment that replaces the bill’s original section 1 with language mirroring existing harassment standards. Under the amendment, a person may not directly or indirectly threaten a candidate with bodily injury or property damage or induce another person to do so. “What the conceptual amendment … does is it actually modifies the standard to comport with existing harassment law,” Hasibullah said. The amendment would also require a candidate who alleges harassment to submit written correspondence; the Secretary of State’s office would issue a written report within 30 days and, if warranted, jurisdiction for prosecution would vest with the Attorney General’s Office.

Committee members asked about scope, evidentiary standards and penalties. Assemblymember Miller asked whether threats originating from other candidates would be covered; Hasibullah answered that the language includes threats by another candidate if the conduct satisfies the harassment standard but noted anonymous social-media threats present investigative difficulties. On evidentiary questions, Hasibullah said the Secretary of State would assess the “totality of the circumstances” and that complaints would need to meet the statutory elements in the amendment.

Gabriel DeCara, chief deputy secretary of state, said the office has criminal investigators who handle election-related violations but cautioned the office does not typically issue definitive findings of criminal guilt. “We do an investigation, make a recommendation, and refer that to the attorney general's office for potential prosecution,” DeCara said, and he indicated the office may request further drafting changes to clarify investigative authority.

The Attorney General’s Office testified neutral and said it has prosecuted misdemeanor harassment and felony stalking of public officials under existing law; the office said it will continue coordinating with the sponsor on jurisdiction and enforcement language.

Public testimony during the committee’s allotted time was strongly weighted in favor of the bill. Dozens of individuals and groups, including Silver State Voices, Nevada’s Independent American Party, oneAPI Nevada and civil-rights organizations, described threats they or candidates had faced and urged passage of the amendment establishing the two-step investigatory process.

Opponents on the phone argued existing statutes already address threats and raised constitutional free-speech concerns and the drafting process, including that a conceptual amendment substantially changed the original text.

The committee did not take a final vote on AB 123 during the hearing. The sponsor said she would accept additional cosponsors and legislative offices (including the Secretary of State and Attorney General) indicated they will continue to work on the bill’s language before further action.

The hearing record includes an uploaded conceptual amendment on the legislature’s bill-tracking system (NELIS) that, per presenters, strikes and replaces the bill’s section 1 and adds the Secretary of State reporting requirement and Attorney General prosecution provision.