Emergency Stay Motion Filed in 9th Circuit in Nevada “None of the Above” Case

You can read the emergency stay request filed by a Nevada voter, Kingsley Edwards, at this link. The state of Nevada has filed an appeal in this case, but the docket does not indicate if the state will be joining this motion for an emergency stay, filing its own, or taking some other action.

It does not appear that the district court has yet issued a written opinion, as promised, in this case.  Edwards lodged the transcript of the hearing with the Ninth Circuit here.

On the merits, I believe that there’s a good chance the Ninth Circuit will reverse the judge and allow None of the Above to stay on the ballot.  This view is based upon what I know of existing caselaw on related questions.  I might change my mind if and when I read any written opinion from the trial judge.

The August motions panel is Schroeder, Tashima, and Berzon, all Democratic appointees and pretty liberal 9th Circuit judges.  It is not clear, however, if this stay would be handled by the August or September motions panels.

The deadline listed in the stay for the printing of ballots is September 7.  If that is accurate, this will have to move much more quickly.

My earlier coverage, including a discussion of the partisan implications of this case, is here.

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