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'None of the above' law to come under court scrutiny

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Updated: 3/10/2013 3:46 pm
Nevada's "none" to be heard by 9th Circuit panel
By SANDRA CHEREB
Associated Press
CARSON CITY, Nev. -- 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 will hear arguments Monday in a lawsuit backed by national Republicans that argues the ballot option violates federal law by disenfranchising voters.

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.

AP-WF-03-10-13 1705GMT

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