Ok. Hypothetically if I was going to do a themed pair of lists for the Last Alliance of Elves and Men and on the evil side I wanted Sauron and other stuff, would I get smacked on theme for using Ringwraiths, named or otherwise?

I don'y see why not? The nine are not mentioned at the Battle of Dagorlad, but what else would they be doing as it was happening that would stop them taking part?

The Ringwraiths were almost certainly at the Battle of Dagorlad.

Depending on how you interpret it, they could either be at the height of their power due to proximity to Sauron and the Ring, or they could be weak and diminished for the same reason.

_________________
"I am the Flying Spagetti Monster. Thou shall have no other monsters before me"
-FSM.

Ok. that means I am probably going to stick with the new 2nd age theme I have for Bilbo's Birthday Bash after I got bashed hard for wanting to go Scouring of the Shire (pure hobbits vs "pure" ruffians using alternate company models to represent "non"-hero ruffians) and accidentally falling afoul of the hard feelings thqt came from a swarm army rolling over a lot of armies at Adepticon (played FoW at adepticon so I had no clue this was happening) and I don't really feel like just expanding on what i used last year.

Shopping, catching up on their reading, dusting Dol Guldur, running all those little errands that accumulate over the centuries. Cleaning gutters, that sort of thing.

That's a most entertaining mental (in both senses of the word) image!