United States Ninth Circuit

The district court's preliminary injunction an action challenging the legal effect section of a Nevada election law, which allows voters the ability to register their disapproval of all the named candidates running for a particular office in statewide and presidential elections by voting for "None of these candidates," (NOTC), is vacated and remanded with instructions to dismiss for lack of standing, where: 1) seven of the plaintiffs, who did not assert an intent to cast a ballot for NOTC, had not suffered an injury-in-fact that was actual or imminent; 2) two of the plaintiffs failed to establish that the relief they sought, removing the NOTC option from the ballot, would redress their injury; and 3) the remaining plaintiffs, two Republican presidential elector designees and the Nevada Republican Party, lacked competitive standing because they failed to establish that their alleged injury, that NOTC would potentially siphon votes from the Republican Party's nominee, was fairly traceable to the conduct being challenged.

Appellate Information

• Decided 07/10/2013
• Published 07/10/2013

Judges

• FISHER

Court

• United States Ninth Circuit

Counsel