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- 83rd Session (2025)
Assembly Bill No. 123 –Assemblymembers Nadeem, Nguyen,
D’Silva, Miller, Torres -Fossett; González, Jackson,
Monroe-Moreno and Mosca
Joint Sponsor: Senator Nguyen
CHAPTER..........
AN ACT relating to elections communications; prohibiting a person
from making certain statements which threaten or intimidate
a candidate for public office; authorizing a candidate to
notify the Secretary of State of a violation of such a
prohibition; requ iring the Secretary of State to take certain
actions upon the receipt of such notice; providing penalties;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
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. Existing
law further provides that a person who is guilty of harassment is: (1) for the first
offense, guilty of a misdemeanor; and (2) for the second or any subsequent offense,
guilty of a gross misdemeanor. (NRS 200.571)
Section 2 of this bill prohibits a person from directly or indirectly addressing
any threat or intimidation to a candidate for public office if the person: (1) 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 bodily injury to
the candidate or another who the person knows or has reason to know is a family
member of the candidate or physical 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; and (2) 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. Section 2 further provides that a person who
violates the provisions of section 2 is: (1) for the first offense, guilty of a
misdemeanor; and (2) for the second or any subsequent offense, guilty of a gross
misdemeanor.
Section 3 of this bill authorizes a candidate who believes that he or she is the
subject of a threat or intimidation that violates the provisions of section 2 to notify
the Secretary of State in writing of the alleged violation. Upon receipt of such
notice, section 3 requires the Secretary of State to conduct an invest igation and, if
the Secretary of State determines that reasonable suspicion exists that a violation
has occurred, requires the Secretary of State to, as soon as practicable , refer the
matter to the Attorney General for a determination of whether to institu te
proceedings to 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
candidate who notified the Secretary of State of the threat or intimidation a written
report that includes: (1) a description of the alleged violation; (2) the results of the
investigation undertaken; and (3) if applicable, the outcome of the referral of the
matter to the Attorney General.
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- 83rd Session (2025)
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. A person shall not directly or indirectly address
any threat or intimidat ion to a candidate for public office if the
person:
(a) 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:
(1) Bodily injury to the candidate or another who the
person knows or has reason to know is a family member of the
candidate; or
(2) Physical 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; 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.
2. Nothing in this section shall be construe d as to prohibit a
person from engaging in any constitutionally protected exercise of
free speech, including political hyperbole.
3. A person who violates the provisions of subsection 1:
(a) For the first offense, is guilty of a misdemeanor.
(b) For the second or any subsequent offense, is guilty of a
gross misdemeanor.
Sec. 3. 1. A candidate 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 may notify the Secretary of State
in writing of the alleged violation.
2. 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
Secretary of State shall, as soon as practicable, refer the matter to
the Attorney General for a determination of whether to institute
proceedings in a court of competent jurisdiction to enforc e the
provisions 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
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- 83rd Session (2025)
candidate who notified the Secretary of State of the threat or
intimidation a written report that includes:
(a) A description of the alleged violation;
(b) The results of the investigation undertaken by the
Secretary of State; and
(c) If applicable, the outcome of the referral of the matter to
the Attorney General.
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