Of course, it's okay if it's the Republicans doing it....

http://xfinity.comcast.net/articles/news-
general/20120823/US.Nevada.None/

In part:

RENO, Nev. ? A quirky Nevada law that Republicans feared could siphon
votes from a disgruntled electorate and sway the outcome of close
presidential and U.S. Senate races in the state was struck down
Wednesday by a federal judge.

U.S. District Judge Robert Jones said the state's decades-old ballot
alternative of "none of the above" was unconstitutional because votes
for "none" don't count in the final tallies that determine winners.

The ruling came at the end of a lively hearing where the judge
challenged both sides in the legal arguments with hypothetical questions
and ramifications of possible rulings he was considering.

In the end, he struck the option down altogether for both federal and
statewide races, and refused to grant a stay while his decision is
appealed to the 9th U.S. Circuit Court of Appeals.

Secretary of State Ross Miller said his office would pursue "an
immediate and expedited appeal to protect the long-standing public
interest of the `none of these candidates' option."

A federal lawsuit filed in June and bankrolled by the Republican
National Committee argued Nevada's unique voter option, which has
appeared on every election ballot for statewide races since 1976,
disenfranchises voters because it's a perpetual loser. Under state law,
even if "none" receives the most votes, it doesn't win. Victory is
reserved for people, though "none" before has played a role in
determining the winner in some high-profile races