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Nevada’s ‘None of the Above’ Voting Option Struck Down Nevada’s ‘None of the Above’ Voting Option Struck Down

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Campaign 2012

Nevada’s ‘None of the Above’ Voting Option Struck Down


Voters cast their ballots in Virginia City Highlands, Nevada, November 4, 2008.(Max Whittaker/Stringer)

A longstanding Nevada law that allowed voters to choose “None of the Above” as an option on their ballot was struck down by a federal judge Wednesday, the Associated Press reported.

U.S. District Judge Robert Jones determined the law was unconstitutional because “none” votes don’t count in final tallies. He refused to grant a stay while the ruling, applies to both state and federal elections, is being appealed.


Republicans had feared that the option – the only such provision in the country – would cost them votes in the upcoming election; in June, the Republican National Committee helped fund a lawsuit seeking to overturn the law.

In the past, “none” had actually won a few races. In that case, the second-place finisher was named the winner.

The option had appeared on every ballot in the state since 1976.

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