[6] In June 2012, anticipating a close race in Nevada during the 2012 presidential elections, the Republican National Committee challenged the constitutionality of the option.
On August 22, U.S. District Court Judge Robert Jones agreed with the plaintiffs and struck down the law allowing the option as unconstitutional.
He refused to issue a stay pending the outcome of an appeal, meaning the ban on this option was immediate.
[8] The emergency stay barred the implementation of Judge Jones's injunction until the Ninth Circuit could hear an appeal, allowing the "none of these candidates" option to remain on the ballot in the November 2012 elections.
[9] One member of that panel, Judge Stephen Reinhardt, criticized Jones' handling of the case: "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 prints the ballots....