A Constitutional Right to Vote For “None of the Above”

The Supreme Court of India held last week that voters have a constitutional right in elections to vote “none of the above.”   The Court concluded that the right to reject candidates is the same as the right to vote for them; both are protected under the right to freedom of speech and expression, according to the Indian court..  For the story from the Times of India, which states that 13 countries permit this option (I can’t vouch for that) see hereAs this additional story points out, nearly 1/3 of the members of the lower house of Parliament currently face criminal charges.

In the United States, Nevada permits a vote for “none of the above.”  Providing this option was challenged as unconstitutional during the 2012 presidential elections; the provision was enjoined preliminarily by a district judge; and the Court of Appeals roundly rejected the district court’s opinion.  On that, see here.

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