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TOWNLEY v. MILLER

Nos. 12-16881, 12-16882.

693 F.3d 1041 (2012)

Wendy TOWNLEY; Amy Whitlock; Ashley Gunson; Heather Thomas; Dax Wood; Casja Linford; Wesley Townley; Jenny Riedl; Todd Dougan; Bruce Woodbury; James W. Degraffenreid, Plaintiffs-Appellees, v. Ross MILLER, Secretary of State of Nevada, Defendant-Appellant, and Kingsley Edwards, Intervenor-Defendant. Wendy Townley; Amy Whitlock; Ashley Gunson; Heather Thomas; Dax Wood; Casja Linford; Wesley Townley; Jenny Riedl; Todd Dougan; Bruce Woodbury; James W. Degraffenreid, Plaintiffs-Appellees, v. Ross Miller, Secretary of State of Nevada, Defendant, and Kingsley Edwards, Intervenor-Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2012.

Attorney(s) appearing for the Case

K. Kevin Benson , Carson City, NV, filed motion for stay of the district court's order for appellant-defendant Ross Miller, Secretary of State of Nevada. Catherine Cortez Masto , Nevada Attorney General, was also on the motion.

John Pablo Parris , Las Vegas, NV, filed the motion for stay of the district court's order for appellant-intervenor-defendant Kingsley Edwards.

Paul Swenson Prior , Las Vegas, NV, opposed the motion for stay of the district court's order for plaintiffs-appellees, Wendy Townley, Amy Whitlock, Ashley Gunson, Heather Thomas, Dax Wood, Casja Linford, Wesley Townley, Jenny Riedl, Todd Dougan, Bruce Woodbury, and James W. Degraffenreid.

Before: STEPHEN REINHARDT, KIM McLANE WARDLAW, and CARLOS T. BEA, Circuit Judges.

ORDER

The order issued September 4, 2012 is hereby amended and this amended order is designated for publication.

Appellants Ross Miller, Nevada Secretary of State, and Kingsley Edwards, a Nevada voter, appeal from the district court's preliminary injunction order enjoining Nevada's nearly 37-year-old statute that requires a "None of These Candidates" option on the ballot in statewide elections for state or...

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