Nevada voters who wanted to vote for nobody for president or a statewide office, are miffed because nobody counts the votes, and more importantly, nobody in Nevada has standing to sue over it.
The 9th U.S. Circuit Court of Appeals tossed out the suit by voters who wanted to register their disapproval with all the named candidates running for president or a particular statewide office by voting “None of These Candidates.”
Although the Secretary of State must report the total number of NOTC votes cast for each office, the votes cannot be counted in determining the winner among named candidates.
A group of disgruntled voters sued saying that disregarding those votes for nobody in determining the winner is illegal and disenfranchises voters, so NOTC should be removed as an option on the ballot.
The 9th Circuit said the seven plaintiffs who sued did not claim they intended to cast ballots for NOTC in November 2012 or any subsequent election so they lacked standing to sue because they would not suffer an injury that was imminent.
Nevada has given voters the ability since 1975 to vote for nobody in presidential and statewide elections. In 2012, plaintiffs challenged the 37-year-old law claiming Nevada should be prohibited from placing the NOTC option on the November ballot and any future ballot.
Judge Raymond Fisher called their arguments “questionable,” but said the could would give nobody an answer because nobody had standing to assert the claims in the lawsuit.
Fisher was joined by Judges John Noonan and Jacqueline Nguyen, and nobody else.
Case: Townley v. Miller, No. 12-16881