On December 9, the state of Nevada filed this brief with the U.S. Supreme Court in Republican Party of Nevada v Miller, 13-442. The issue is whether the plaintiffs who filed the case in 2012 had standing. They included some voters who said they have voted for “None of these candidates” in the past, and intend to do so in the future, and who say if “None of these candidates” actually wins a primary or an election, they want that win to actually have a consequence. Another set of plaintiffs were two Republican candidates for presidential elector in 2012.

The state’s brief defends the Ninth Circuit opinion which said that all plaintiffs lack standing. The state’s brief also has an interesting account of the history of Nevada’s “none of these candidates” law, and mentions the relatively few instances when “none of these candidates” got the most votes even though there were at least two candidates in the primary or election. “None of these candidates” is only printed on Nevada ballots for statewide office, nor district or local office.