Nevada voters have had the option to choose “none of the above” in elections since 1975. The Republicans, in particular, hate this because they wanted to ensure that GOP voters would have only one choice this fall: Mitt Romney. Apparently they’re afraid that “none of the above” will be more popular than their “official” choice. So they got federal District Judge Robert Jones to order it removed from fall ballots right before they were to be printed. In this way, even if opponents won an appeal, it would be too late to reprint the ballots before this fall’s election.
But their plan fell through when a panel of the U.S. 9th Circuit of Appeals issued a stay on Wednesday.
Circuit Judge Stephen Reinhardt … said the circuit court permitted Nevada voters to cast their ballots for “none” because “the likelihood of success on the merits overwhelmingly favors the state” which supports the “none” option on the ballot. Reinhardt in his concurring opinion said the ruling by Jones would do “irreparable injury to the State of Nevada and its citizens and would be directly contrary to the public interest.” … Reinhardt accused Jones of deliberately delaying the case to stymie an appeal by the state to the circuit court. “His dilatory tactics appear to serve no purpose other than to seek to prevent the state from taking an appeal of his decision before it must print its ballots.”
Although the vote is counted, it does not affect the final tally. The Legislative Counsel Bureau said “none” was originally added to allow voters to express dissatisfaction with the candidates or their campaigns. Don’t you wish your state had this option?