The U.S. Ninth Circuit Court of Appeals recently upheld a Nevada law designed to protect election workers, effectively concluding a legal challenge aimed at decriminalizing harassment of these officials.

Details of the Ruling

In a unanimous decision published on Monday, a panel of three judges dismissed a lawsuit filed by four former election observers who alleged that the law encroached upon their constitutional rights. These individuals were represented by Sigal Chattah, who currently serves as the interim U.S. Attorney for the District of Nevada.

Background of the Case

This lawsuit was initially blocked by federal Judge Cristina Silva due to a lack of standing. Chattah appealed this decision shortly after it was issued. The Nevada Secretary of State’s Office, which was named as the defendant, praised the recent dismissal.

Context of the Election Worker Protection Act

Enacted in 2023 and supported unanimously in the legislature, the Election Worker Protection Act (SB406) makes it a felony to harass, intimidate, or use force against election workers in the course of their duties. This initiative was launched in response to a significant decrease in election workers, many of whom retired or resigned after facing threats during and after the 2020 elections.

Arguments Presented

The plaintiffs claimed that the law, as it was written, was too vague regarding the definitions of “election worker” and “intimidation.” They expressed concerns that it would hinder their ability to observe elections, thereby infringing upon their rights as poll watchers.

Court’s Findings

The Ninth Circuit found that the plaintiffs did not adequately demonstrate any actual injury, which is necessary to establish legal standing. The judges noted that the plaintiffs’ concerns were based on speculative fears, referencing an irrelevant tweet from Nevada’s Attorney General related to voter intimidation.

The court observed, “Plaintiffs’ vague allegations amount to ‘some day intentions’ to do something to an elections official that might be misinterpreted as intimidating.” This ruling reinforces the legitimacy of the law designed to safeguard election workers.

Next Steps for the Plaintiffs

Following the dismissal by the Ninth Circuit, the only remaining option for Beadles and the other plaintiffs would be to appeal the ruling to the U.S. Supreme Court.

Political Implications

Chattah, who argued the case before the appeals court shortly before her appointment as interim U.S. Attorney, has not publicly commented on the case since her transition to the Department of Justice. Additionally, she continues to be listed as the Republican National Committeewoman for Nevada, a role that could conflict with federal regulations regarding political activities.