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“None Of The Above” Debated In Court

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(Credit: BRENDAN SMIALOWSKI/AFP/Getty Images)

(Credit: BRENDAN SMIALOWSKI/AFP/Getty Images)

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(Carson City, NV) — Nevada’s unique law that allows voters to cast a ballot for “none of the above” is coming under new scrutiny over whether it’s constitutional.

A U.S. appeals court heard arguments Monday in a lawsuit backed by national Republicans that argues the ballot option violates federal law by disenfranchising voters.

Former Republican Governor Bob List spoke with KXNT and explained why he feels the option has become more popular recently.

“These races get nastier and more accusatory and negative. By the time Election Day rolls around people have had their character torn to pieces. It’s not surprising that people don’t feel very positive about any candidate.”

UNLV Constitutional Law Professor Tom Mcaffee believes the option should remain on the ballot.  “To vote “none of the above” is a perfectly viable choice. Rather than suppressing voting you are actually expanding it by using “none of the above”.”

Nevada is the only state that gives voters the option of “none of these candidates” in statewide races. Though sometimes a popular choice, “none” can never win even if it receives the most votes.

Republicans sued last year over the law, fearing “none” could siphon votes from a disgruntled electorate and sway the outcome of a close presidential or U.S. Senate race.

Attorneys for Nevada’s secretary of state are defending the law to keep “none” on the ballot.

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