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'None of these candidates' an option for Nevada voters?

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    Is ballot choice unconstitutional?

  • Duration 3:07
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Backlog at Hofstra University where the presidential -- -- just face softened about -- few hours from now.

But for folks living in the state of Nevada you'll likely see the candidates clash as soon as the next commercial break.

In fact campaigns of aired a record seven -- 3000.

Television -- this election year alone in Las Vegas alone.

73000.

That's according to the research firm -- media.

It reports that ads hit the biggest airwaves at a rate of 101000.

Per week.

But nearly a 100000 different commercials in 100 different commercials in rotation.

That just highlights the importance of the battleground that is Nevada.

Both candidates have been stumping there and hard with the recent poll showing President Obama and governor Romney in what is a statistical dead heat but there is a fly in this ointment.

One out liar and those polls that they can't take into effect.

Voters who will pick none of the above it is actually an option on the ballots in Nevada this past election have shown.

That the none of the above vote can actually be enough to sway the election.

Claudia calendar with the news Collie is none of the above an option in all the batteries and.

Why.

-- all races decided by voters statewide from president to State Supreme Court and it remains there on the ballot.

Despite complaints from Republicans that none might steal votes away from Mitt Romney and other GOP candidates.

This summer the Republican National Committee backed a lawsuit to get rid of the option.

Saying that because no one really means not thing and since it can't really win anyway having it on the ballot is unfair to candidates and disenfranchises.

Voters.

While -- district judge agreed a federal appeals court said not so fast.

Ruling that since nine doesn't count in the final tallies that determines winners it would stay on the ballot at least for now.

But the legal wrangling continues over all of this and -- it's even inspired an election themed musical comedy aptly named none of the above.

How did this get on the ballots in the first place Claudia.

As -- at -- introduced this protest vote in 1975 as a way to combat voter apathy in the wake of the Watergate scandal.

Some experts say it may have impacted elections like out of -- senate majority leader Harry Reid back in 1998 he beat his Republican challenger by 400 votes but.

None of these candidates it got.

8000 votes now of course about and who don't like anyone could abstained from voting altogether but many relish the chance to choose -- It's been very popular.

The public loves having the option to express.

That they wanna -- favorite none of these candidates and simply send a message is that you know although politicians -- about -- clean up their act.

Meanwhile of course it can never win that none of these candidates could prove to be a spoiler and a race where President Obama has seen his lead over Mitt Romney dropped by more than half over the past two weeks.

Down to just one point 6%.

In a key battleground state shepherd.

-- talent live this afternoon buddy thanks a lot -- you get into medical.