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TOWNLEY v. MILLER

Nos. 12-16881, 12-16882.

722 F.3d 1128 (2013)

Wendy TOWNLEY; Amy Whitlock; Ashley Gunson; Heather Thomas; Dax Wood; Casja Linford; Wesley Townley; Jenny Riedl; Todd Dougan; Bruce Woodbury; James W. DeGraffenreid; Republican Party of Nevada, 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; Republican Party of Nevada, 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 July 10, 2013.

Attorney(s) appearing for the Case

Catherine Cortez Masto , Attorney General, and Kevin Benson (argued), Senior Deputy Attorney General, Carson City, NV, for Defendant-Appellant Ross Miller, Secretary of State of Nevada.

Paul Swen Prior , Snell & Wilmer LLP, Las Vegas, NV, and Michael T. Morley (argued), Law Offices of Michael T. Morley, Washington, DC, for Plaintiffs-Appellees.

John P. Parris (argued), Law Offices of John P. Parris, Las Vegas, NV, for Intervenor-Defendant-Appellant Kingsley Edwards.

Before: JOHN T. NOONAN, JR., RAYMOND C. FISHER and JACQUELINE H. NGUYEN, Circuit Judges.

OPINION

FISHER, Circuit Judge:

Since 1975, Nevada has given its 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," commonly referred to as NOTC. The Secretary of State must count and report to the public the number of NOTC ballots cast for each office, but they cannot be counted...

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