RENO, Nev. (AP) — In Nevada’s high stakes election that could help determine the presidency and control of the U.S. Senate, attention this week is turning to one ballot option with no shot of winning.

A federal court lawsuit filed in June and financed by the Republican National Committee seeks an injunction to boot Nevada’s unique voter option “none of these candidates” from the November ballot.

While under state law “none” can’t win — even if it receives the most votes — it could play spoiler in a close race.

That’s a scenario challengers to “none of the above” don’t want to see in tight races between President Barack Obama and Republican hopeful Mitt Romney, or Republican U.S. Sen. Dean Heller and Democratic Rep. Shelley Berkley.

A judge will hear arguments Wednesday in Reno.