Voting for None of the Above Goes to Circuit Court

LAS VEGAS (AP) — Nevada is asking a federal appeals court to put a hold on a lower court order scrapping the state's decades-old voting option of "none of the above."

The attorney general's office submitted an emergency motion to the 9th U.S. Circuit Court of Appeals on Thursday. It says the state must finalize ballots for overseas and military voters by Sept. 7, which isn't enough time to get a ruling on its appeal in the case.

U.S. District Judge Robert Jones struck down the ballot choice last week. He says the option is unconstitutional because votes for "none" don't count in election tallies and cannot win.

The Republican National Committee financed the lawsuit out of fears that votes for "none" could influence the outcomes of what are expected to be close presidential and Senate races in Nevada.