Though very sympathetic to the interest in protecting employees in light of the nationwide upswell of threats made to various personnel, we opposed legislation that would make it a felony with a potential sentence of up to five years in prison for an individual to threaten with physical harm an election official, poll worker, school employee, or caseworker or their families based on their public duties. While true threats do not merit First Amendment protection, these broadly written bills could ensnare people engaged in rhetorical excess by not requiring an actual intent to harm, and the imposition of severe felony penalties is unduly harsh.
Election officials and poll workers:
H 7447 (Passed House, Died in Senate), S 2771 (Died in Committee)
School employees:
H 7303 (Passed House, Died in Senate), S 2683 (Died in Committee)
Caseworkers:
H 8223, S 2661 (both Died in Committee)