Both sides have filed briefs in Townley v State of Nevada, in U.S. District Court, 3:12cv-310. Plaintiffs are voters, and two Republican presidential elector candidates, who argue that “None of the Above” must either be made binding, or must be removed from the ballot. Nevada prints “None of the Above” on primary and general election ballots for statewide office. But when NOTA wins, it has no effect.
The plaintiffs argue that the voters who choose NOTA are not being treated equally, because a vote for NOTA is a vote but the state isn’t giving that vote any legal effect. Here is the state’s brief, and here is the plaintiff’s brief.