A federal judge in Nevada is scheduling oral arguments on whether "none of the above" should appear as an option on statewide ballots in November.
U.S. District Judge Robert Jones ruled last week that the option was unconstitutional.
On Thursday, Jones scheduled oral arguments for Sept. 14.
Nevada Secretary of State Ross Miller is already saying he'll ask the 9th U.S. Circuit Court of Appeals in San Francisco to block Jones' ruling.
Jones now says he hasn't issued a written ruling in the case.
He calls it premature for Nevada to file a notice of appeal with the appeals court.
Nevada's "none of the above" option has been on the ballot in statewide races since 1976.
The Republican National Committee financed the lawsuit challenging the practice. (AP)
