No ‘None of the Above’|on Ballots, Judge Says

LAS VEGAS (CN) - A federal judge ruled that Nevada's unique "none of these candidates" ballot option is unconstitutional and must be removed from ballots before Election Day.

Eleven voters of varying parties sued Nevada and its secretary of state in June.

U.S. District Judge Robert C. Jones ruled that that because the option of "none of these candidates" can ever fill a contested seat, even if it does get the most votes, those votes aren't counted and therefore voters who choose that are disenfranchised.

The Republican National Committee sought to remove the unique voter option that has been on all Nevada ballots since 1976. Nevada is the only state to offer such an option.

Jones ordered that "none of these candidates" be removed from the ballot, The Associated Press reported. He is expected to issue a written ruling before Sept. 7, when ballots have to be ready for printing.

Election Day is Nov. 6.

Nevada Secretary of State Ross Miller vowed to appeal.

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