'None of the Above' to Stay on Nevada Ballot Court decides state can keep unique ballot option By Rob Quinn, Newser Staff Posted Sep 6, 2012 1:17 AM CDT Updated Sep 6, 2012 1:48 AM CDT 18 comments Comments In Nevada, these men will have to compete against "none of the above." (AP Photo/Charlie Neibergall, Mary Altaffer. File) (Newser) – Nevadans who don't believe either candidate deserves their vote can still vote this November, a federal appeals court has decided. A three-judge panel ruled that the state can keep its unique "none of above" option on the ballot, AP reports. One of the appellate judges accused the Nevada judge who tried to strike the option from the ballot of using delaying tactics. "His dilatory tactics appear to serve no purpose other than to seek to prevent the state from taking an appeal of his decision before it must print the ballots," the judge wrote. Nevada is the only state that allows voters to choose "none" in statewide elections. The option was introduced in 1976 to boost voter turnout amid post-Watergate apathy. "None" has never had the most votes, and couldn't legally win anyway, although the option is sometimes popular. In 1998, Harry Reid beat the GOP's John Ensign by just 428 votes, while more than 8,000 voters picked "none." The court's decision is a blow to Republicans, who had hoped voters who didn't like either candidate would end up choosing Romney if they didn't have the option to reject them both, reports the Las Vegas Sun.