“None of the Above” Stays on Nevada Ballot

Since 1975, Nevada voters who didn’t like any of the candidates in statewide federal and state races have been able to make their displeasure known by voting for “None of These Candidates.” That right appeared in jeopardy in August after a U.S. district court judge enjoined the law as unconstitutional because votes for no candidate don’t count in the final tallies that determine the winners. (The winner of the race must be a person, even if “none of the above” garners the most votes.)

But now “none of the above” is back on ballot after the Ninth Circuit Court of Appeals granted the secretary of state’s request for an emergency stay of the district court ruling. While the appellate court’s order did not explain the reasons for the stay, a concurring opinion stated that the likelihood of success on the merits overwhelmingly favors the state. It also said that failing to stay the injunction would cause irreparable injury to the state and its citizens.

Because the deadline for printing the ballots has already passed, the stay means that “none of the above” will remain on the ballot in the 2012 election while the appeals process continues.