CARSON CITY, Nev. (AP) - None of the above, Nevada's perpetual ballot loser, lives on after a federal appeals court rejects a Republican-backed lawsuit challenging its constitutionality.
A 9th U.S. Circuit Court of Appeals panel on Wednesday dismissed the suit, ruling that the 11 plaintiffs lacked standing.
Nevada is the only state in the nation that that gives voters the option of "none of these candidates" in statewide races - president, U.S. Senate, state constitutional offices and the Nevada Supreme Court.
But under state law "none" can never win even if it receives the most votes, though it can play spoiler.
Republicans sued last year over the law, fearing "none" could siphon votes from a disgruntled electorate and sway the outcome of a close presidential and Nevada U.S. Senate race.