AB 123 — Revises provisions relating to elections communications. (BDR 24-733)

EXEMPTAssembly (ReprintedBill withNo. amendments adopted on April 16, 2025) FIRST REPRINT A.B.

123123–Assemblymembers ANadeem, SSEMBLYNguyen, BD’Silva, ILLNMiller, OTorres-Fossett; .

123–ASSEMBLYMEMBERSGonzález, NADEEMJackson, ,Monroe-Moreno NGUYENand ,Mosca D’SJoint ILVA,Sponsor: GONZÁLEZ , M ILLER , TORRES -F OSSETT;

JACKSONSenator ,Nguyen MONROECHAPTER.......... -M ORENO AND M OSCA PREFILED JANUARY 27, 2025 ____________ JOINT S PONSOR :

SENATOR NGUYEN ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to elections communications.

(BDR 24-733) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

authorizing a personcandidate to notify the Secretary of State of a violation of such a prohibition;

Existing law provides that a person is guilty of harassment if he or she, without lawful authority, knowingly makes certain threats and, by words or conduct, places the person threatened in reasonable fear that the threat will be carried out.

and (2) for the second or any subsequent offense, guiltyguilSection 2 of this bill prohibits a grossperson misdemeanor.from directly or indirectly addressing any threat or intimidation to a candidate for public office if the person:

(NRS(1) 200.571)knows Sectionor 2has ofreason thisto billknow prohibitsthat athe personthreat fromor directlyintimidation communicates the intent, either immediately or indirectlyin addressingthe anyfuture, threatto cause or intimidationinduce another to acause candidatebodily forinjury publicto officethe ifcandidate or another who the person knows or has immediatelyreason orto inknow theis future,a tofamily causemember of the candidate or inducephysical anotherdamage to cause:the property of the candidate or candidate;

(1)and bodily(2) injuryaddresses to the candidatethreat or anotherintimidation whoin a manner which places the person knowswho receives the threat or hasintimidation reasonin toreasonable knowfear isthat athe familythreat memberor ofintimidation thewill candidate;be carried out.

or (2) physical damage to the property of the candidate or - *AB123_R1* – 2 – another who the person knows or has reason to know is a family member of the candidate.

and (2) for the secSectionsecond 3or ofany thissubsequent billoffense, authorizesguilty a person who believes that the provisions of sectiona 2gross havemisdemeanor. been violated to notify the Secretary of State in writing of the alleged violation.

UponSection receipt3 of suchthis notice,bill sectionauthorizes 3a requirescandidate thewho Secretarybelieves ofthat Statehe toor conductshe anis investigationthe and, if the Secretary of State determinesin thatwriting reasonable suspicion exists that a violation has occurred, requires the Secretary of determination of whether to institute proceedings to enforce the provisionsalleged ofviolation. a section 2.

SectionUpon 3receipt furtherof such notify notice, section 3 requires the Secretary of State to,to withinconduct 30an daysinvestigation afterand, if the receiptSecretary of State determines that reasonable suspicion exists that a noticeviolation has occurred, requires the Secretary of anState allegedto, violation,as issuesoon aas writtenpracticable, reportrefer the matter to the candidateAttorney whoGeneral isfor thea subjectdetermination of thewhether threatto orinstitute intimidationproceedings thatto includes:enforce the provisions of section 2.

Section 3 further requires the Secretary of State to, after the conclusion of such an investigation, issue to the report that includes:

and (3) whetherif applicable, the Secretaryoutcome of Statethe referredreferral of the matter to the Attorney General.

- 83rd Session (2025) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

A person shall not directly or indirectly address any threat or intimidation to a candidate for public office if the personperson: knows or has reason to know that the threat or intimidation communicates the intent, either immediately or in the future, to cause or induce another to cause:

(a) BodilyKnows injuryor has reason to know that the candidatethreat or anotherintimidation whocommunicates the personintent, knowseither immediately or hasin reasonthe future, to knowcause isor ainduce familyanother memberto ofcause: the candidate;

or(1) (b)Bodily Physicalinjury damage to the property of the candidate or another who the person knows or has reason to know is a family member of the candidate.candidate;

or another who the person knows or has reason to know is a family member of the candidate;

and (b) Addresses the threat or intimidation in a manner which places the person who receives the threat or intimidation in reasonable fear that the threat or intimidation will be carried out.

A personcandidate who believes that he or she is the subject of a threat or intimidation addressed in violation of the provisions of section 2 of this act have been violated may notify the Secretary of State in writing of the alleged violation.

Upon receipt of a notice of an alleged violation pursuant to subsection 1, the Secretary of State shall conduct an investigation and if the Secretary of State determines that reasonable suspicion exists that a violation of section 2 of this act has occurred, the - *AB123_R1* – 3 – Secretary of State shall, as soon as practicable, refer the matter to the Attorney General for a determination of whether to institute proceedingsprovisions inof asection court2 of competentthis jurisdictionact.jurisdiction to enforce the provisions3. of section 2 of this act.

3.After the conclusion of the investigation conducted pursuant to subsection 2, the Secretary of State shall issue to the - 83rd Session (2025) – 3 – candidate who notified the Secretary of State of the threat or intimidation a written report that includes:

The Secretary of State shall, within 30 days after the receipt of a notice of an alleged violation pursuant to subsection 1, issue a written report to the candidate who is the subject of the threat or intimidation that includes:

and Attorney(c) GeneralIf pursuantapplicable, tothe subsectionoutcome 2.rredof the referral of the matter to the HAttorney -General. *AB123_R1*

~~~~~ 25 - 83rd Session (2025)