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Ninth Circuit District Court Preserves ‘None of these Candidates’ Ballot Option
Posted Date: 7/10/2013

FOR IMMEDIATE RELEASE
Contact: Catherine Lu, Public Information Officer 
             (702) 486-6982 / 334-7953 
             clu@sos.nv.gov  


(Carson City, NV; July 10, 2013) – The Ninth Circuit Court of Appeals for the Ninth Circuit ruled today that Nevada’s unique “None of these Candidates” ballot option will be preserved in a lawsuit filed against the Secretary of State’s office.

“The district court’s ruling is a triumph for the voters of Nevada,” said Secretary of State Ross Miller. “Voters who want to express their dissatisfaction with the federal and statewide candidates on the ballot should have the option and freedom to do it.”

Eleven plaintiffs, including the Nevada Republican Party, filed suit against the Nevada Secretary of State in 2012, alleging that NOTC disenfranchises voters by disregarding ballots cast for NOTC in determining the winner of elections. The plaintiffs moved for a preliminary injunction prohibiting the state from allowing the NOTC option to appear on any ballot in the 2012 election. U.S. District Court Judge Robert C. Jones struck down the NOTC option in August 2012, stating that NOTC can never win even if it receives the most votes, essentially causing those votes not to count.

The Nevada Legislature passed a law permitting voters to register their opposition to all candidates running in statewide or presidential races by casting a ballot for “None of these Candidates” instead of the named candidates in 1975. Pursuant to the law, the Secretary of State must count and report to the public the number of NOTC ballots cast for each office, but the NOTC ballots cannot be counted in determining the winner among the named candidates in those races.

For a full copy of the Ninth Circuit Court's opinion, click here.

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