On October 7, the Republican Party of Nevada asked the U.S. Supreme Court to reverse the Ninth Circuit decision in Townley v State of Nevada, 722 F.3d 1128 (July 10, 2013). The Ninth Circuit decision said that the Republican Party of Nevada, and some of its candidates for presidential elector, did not have standing to challenge Nevada’s election law concerning “None of these candidates.” The case also included some voters who said they wanted to vote for “None of these candidates” in future elections, but they were told they don’t have standing either.

The Republican Party and some of its candidates for presidential elector had argued that voters who vote for “None of these candidates” are being discriminated against, because if their choice wins, nothing happens. Therefore, the state is giving less power to a voter who votes for “None” than is given to voters who vote for a candidate. The Ninth Circuit ruled that neither the party, nor its candidates, nor the voter-plaintiffs, have standing.

If the U.S. Supreme Court accepts the case, that Court would be expected to issue an opinion about standing, not about the merits of “None of these candidates.” If the Court ruled that the party and its candidates do have standing, the case would be sent back to the lower courts to decide the merits.

Nevada has printed “None of these candidates” on primary and general election ballots starting in 1976. “None of these candidates” is only printed on the ballot for statewide offices, however, not district or local offices. In the U.S. Supreme Court, the case is called Republican Party of Nevada v Miller, 13-442.