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AB123

New Rules Against Threatening Election Candidates

Last scannedAug 22, 2026, 1:27 AM

In one sentence

This law makes it illegal to threaten or intimidate candidates for public office and sets up a process for the Secretary of State to investigate these reports.

Prohibits people from making threats that cause fear about harm to a candidate, their family members, or their property.
Requires the person making the threat to know it could lead to injury or damage and places the recipient in reasonable fear.
Allows candidates to send written notices to the Secretary of State if they believe someone violated this rule.
Orders the Secretary of State to investigate reports and refer cases with reasonable suspicion to the Attorney General as soon as practicable.
Requires the Secretary of State to give the candidate a written report describing the investigation results.

People who make threats or intimidating statements toward candidates for public office.
Candidates running for public office who receive such threats.
The Secretary of State, who must investigate and report on these cases.
The Attorney General, who decides whether to take legal action based on the investigation.

This law does not stop people from using political hyperbole or other speech protected by the Constitution.
The text does not specify how long an investigation takes, only that referrals to the Attorney General must happen as soon as practicable.

Plain language

Misdemeanor: A minor crime punishable by a fine or jail time for less than one year; this is the penalty for a first offense under this law.
Gross Misdemeanor: A more serious type of misdemeanor with heavier penalties; this applies to second or later offenses under this law.
Reasonable Fear: The standard that the person receiving a threat must feel genuinely afraid that the harm will actually happen.

Official record

Source attached

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