'None of the Above' Ruled Unconstitutional in Nevada

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RENO, Nev. (AP) - A federal judge has struck down Nevada's unique voting option of "none of the above," saying it's unconstitutional and should be removed from the November ballot.

U.S. District Judge Robert C. Jones ruled Wednesday that because the "none" option can never win, even if it gets the most votes, it essentially makes those votes not count.

A lawsuit backed by the Republican National Committee argued the option available for statewide races in Nevada since 1976 disenfranchises voters.

Nevada is the only state to offer the "none" option. Opponents feared it could siphon votes from other candidates and influence the election outcome.

It's a scenario they wanted to avoid given the close presidential race and Nevada's heated U.S. Senate contest between Republican Sen. Dean Heller and Democratic Rep. Shelley Berkley.