In a high-stakes showdown for free speech and election oversight, the American Center for Law and Justice (ACLJ) has thrown its weight behind Nevada plaintiffs—including conservative firebrand Robert Beadles—in their Ninth Circuit challenge against Nevada’s SB 406. The case, Vanness v. Aguilar (No. 24-2910), set for oral arguments on March 7, 2025, pits Beadles, Susan Vanness, Alexandrea Slack, and Martin Waldman against Nevada Secretary of State Francisco Aguilar and Governor Joe Lombardo. Represented by tenacious Las Vegas attorney Sigal Chattah, the plaintiffs have tapped the ACLJ’s expertise via an amicus brief filed November 11, 2024, to argue that this law endangers constitutional rights. The hearing should be available to watch online via the Ninth Circuit’s live stream, and we’ll update this story with the link as soon as it’s released.
SB 406, enacted in May 2023 and codified as NRS § 293.705, claims to safeguard election workers by criminalizing “force, intimidation, coercion, violence, restraint, or undue influence” aimed at interfering with or retaliating against them—packing a felony punch with up to four years in prison. Sounds reasonable, right? Not so fast. Critics, including the ACLJ and Beadles, argue its vague, catch-all language is a sledgehammer that could smash legitimate election monitoring and silence dissent, making it a ticking time bomb for First Amendment freedoms.
“This law’s a minefield,” Beadles told the Nevada Globe. A vocal advocate for election integrity, Beadles has long spotlighted Nevada’s voting irregularities. “If I’m at a polling station and challenge a questionable ballot, am I ‘intimidating’ someone? If I wear a shirt an official doesn’t like, is that ‘undue influence’? It’s so broad, I can’t even train my team without risking a felony.” The ACLJ agrees, warning in its brief that SB 406’s “undefined prohibitions” create a chilling effect, forcing citizens to self-censor or face prosecution. “The acts it bans are so vague, you’re left guessing what’s illegal,” the brief states, citing Fischer v. United States (2024) to argue that even an intent requirement can’t salvage its overreach.
Here’s the kicker: Nevada already has laws to protect election workers. NRS § 200.571 covers harassment, NRS § 207.190 handles coercion, and NRS § 199.300 tackles intimidation of public officers—all without gagging free speech. “SB 406 isn’t protection—it’s duplication with a dangerous twist,” Beadles says. “We don’t need a new law to jail people for speaking up when existing statutes already do the job.”
The case’s roots trace back to 2023, when the plaintiffs—experienced poll watchers—sued to block SB 406 before it could be tested in the 2024 elections. They feared its ambiguity would criminalize their oversight duties. The district court dismissed their claim in April 2024, saying they lacked standing without prosecutions. But Chattah and the ACLJ argue that’s a dodge—pre-enforcement challenges are a First Amendment lifeline, per Susan B. Anthony List v. Driehaus (2014). “You don’t wait for the cuffs to fight tyranny,” Chattah told us. “This is about stopping a bad law before it ruins lives.”
For conservatives, this is ground zero in the election integrity war. Nevada’s 2020 election—marred by signature disputes and late-night counts—still stings. Poll watchers like Beadles see SB 406 as a tool to kneecap accountability. “If I say, ‘That vote’s fishy,’ and an official cries ‘intimidation,’ I’m toast,” he warns. “This turns oversight into a crime.”
With Sigal Chattah at the helm—known for her no-nonsense style—this March 7 hearing could set a precedent. If SB 406 stands, vague laws could spread, strangling transparency nationwide. Watch it live online (link forthcoming), and stick with the Nevada Globe for updates. Beadles’ parting shot? “I won’t shut up. We the people, and Nevada’s elections deserve better.”
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