Nevada’s “None of the Above,” Ruled Unconstitutional


Nevada voters have one less choice in November, now that a federal judge struck down the states voting option of “none of the above,” saying it’s unconstitutional and should be removed from the ballot.

U.S. District Judge Robert Jones says that because the option can never win, even if it gets the most votes, those votes are worthless. A federal lawsuit filed in June and backed by the Republican National Committee argued Nevada’s voter option disenfranchises voters because it’s a perpetual loser.

However, former Sparks Assemblyman and state Senator Don Mello, who created the 1976 law disagrees.

“Talking about disenfranchising the voter?” he tells KOLO 8 News. “That’s what he’s trying to do, by telling them they’re not allowed to go to the polls and vote none of the above.”

“It tells the candidate something too.” Mello adds. “That they’d better change their ways if they want to stay in office.”

Jones is a 2003 Bush appointee and because of this Mello, a Democrat, sees the ruling as another GOP efforts to suppress votes by creating stricter voter ID requirements.

“If the Republican party doesn’t like it,” Mello says,” they ought to run better candidates.”

Recently, the Obama administration has battled state’s over their requirement voters produce a picture ID to vote, saying it disenfranchises minorities and the elderly. Furthermore, the Department of Justice has taken several states to court to stop them from removing the dead, illegal aliens, felons and those who’ve moved to another state or country from the voter rolls.

Meanwhile, the September 20th deadline for finalizing ballots looms for officials across the state who have the last-minute job of making the changes to the ballots before mailing them to overseas voters.  Secretary of State Ross Miller says his office will pursue “an immediate and expedited appeal.”

More and more, the Republican and Democratic parties are looking like the same party.

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