The Nevada Supreme Court has ruled 5-2 that Nevada Green Party candidate Jill Stein will not appear on the state’s presidential ballot because their petition failed to meet the minor party’s access requirements.

The Nevada Democratic Party filed a lawsuit in June against the Nevada Green Party for alleged invalid signatures.

The Green Party submitted 29,500 petition signatures so its candidates could be included on the ballot, which was roughly three times as many as needed. Nevada Democratic Party then sued, claiming some were signed too far in the past or seem altered, making them invalid.

The district court in Carson City denied the lawsuit in August. The Democrats amended the original lawsuit because the language used the improper affidavit. The case was then taken to the Nevada Supreme Court.

The state Supreme Court reversed the lower court’s ruling to allow the Green Party to stay on the Nevada general election ballot. According to the court documents, the petition contained the “circulator affidavit for initiative and referendum petitions, instead of the circulator affidavit for minor party ballot access” which is what the Nevada Democratic Party amended their lawsuit to say.

The problem: The Green Party submitted the petition that does not swear that they believe each person signing the petition is a registered voter in the county of their residence. In order to be added to the ballot, all minor parties must include this verification. The Green Party did not, so the Nevada Democratic Party added this to their lawsuit and the Nevada Supreme Court ruled to not let them on the ballot for not meeting all requirements.

“The circulator affidavit used by the Nevada Green Party omitted a legally required element: the attestation that each signatory was a registered voter in the county of his or her residence,” the document said.

However, Justices Douglas Herndon and Justice Kristina Pickering voted against the ruling, saying they believed the Nevada Secretary of State’s Office made an “egregious error” when they accidentally sent the Green Party an affidavit with the incorrect requirements.

The secretary of state’s office originally sent the Nevada Green Party the wrong sample petition, which did not include the affidavit requiring voter registration verification, according to the documents. With the wrong affidavit, the Green Party’s petition would not meet the requirements of a minor political party to be on the ballot.

The party still managed to submit the petition with the right affidavit the first time, by not using the same form the secretary of state’s office provided them. However, this petition did not include a blank space for signers to put their petition district, so the office sent it back and notified the Nevada Green Party that they needed the petition district, and emailed the party new instructions.

The employee who provided the Green Party with further guidance told them they had an “older version,” according to the dissenting judges’ opinion. The employee asked the Green Party to use this “newer” form — with the wrong affidavit — to collect signatures.

The dissenting justices claim the Nevada Green Party was “affirmatively directed” by the secretary of state’s office to use this incorrect form because the employee told them to use the wrong form.

Still, the secretary of state’s online guide for minor political parties to apply to be on the ballot states the petition needs the verification that signatures are from people who are actual registered voters. So even without the proper affidavit, the state supreme court ruled that they should’ve done their research into what was required for them to be on the ballot.

The court acknowledged the miscommunication of improper materials on the behalf of the secretary of state’s office, but classified the situation as an unfortunate event that could’ve been remedied with a more in-depth review.

“There is no evidence that the email was anything but an unfortunate mistake or that the (s)ecretary intended to mislead the Green Party,” the documents said.

“If the Green Party had reviewed the petition before using it, it would have discovered the incorrect circulator affidavit …This is an unfortunate oversight on the part of both the secretary of state’s office and the Green Party.”

Herndon and Pickering said they believed the secretary of state’s office’s mistake would be the result of a “tremendous injustice.”

The secretary of state’s office told the RGJ in an email that they took “no position” on whether the Green Party’s petition was legal.

“We respect the decision of the Justices, and are working with the counties to ensure the decision is carried out,” Cecilia Heston, spokesperson for the secretary of state’s office, said.

“Providing accurate information to the public is a priority for our office, and we will continue to review and improve all guides and documentation.”

The last time Green Party had any candidates on the Nevada ballot was in the 2008 presidential election, when Cynthia McKinney received about 1,400 votes compared with Democratic nominee Barack Obama’s 532,000.

Co-chair of the Nevada Green Party Margery Hanson told the RGJ due to the court events today, she “would not be voting this cycle.”

The Nevada Democratic Party did not respond to the RGJ’s request for comment.