LIBERTARIAN PARTY OF VIRGINIA v. JUDD

No. 12-1996.

718 F.3d 308 (2013)

LIBERTARIAN PARTY OF VIRGINIA; Darryl Bonner, Plaintiffs-Appellees, v. Charles JUDD, in his official capacity as member of the Virginia State Board of Elections; Kimberly Bowers, in her official capacity as member of the Virginia State Board of Elections; Don Palmer, in his official capacity as member of the Virginia State Board of Elections, Defendants-Appellants. Thomas Jefferson Center for the Protection of Free Expression, Amicus Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: May 29, 2013.


Attorney(s) appearing for the Case

ARGUED: Earle Duncan Getchell, Jr. , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellants. Rebecca Kim Glenberg , American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: Kenneth T. Cuccinelli, II , Attorney General of Virginia, Michael H. Brady , Assistant Attorney General, Patricia L. West , Chief Deputy Attorney General, Wesley G. Russell, Jr. , Deputy Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellants. J. Joshua Wheeler , The Thomas Jefferson Center for the Protection of Free Expression, Charlottesville, Virginia, for Amicus Supporting Appellees.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge DIAZ and Judge FLOYD joined.


OPINION

KING, Circuit Judge:

In the spring of 2012, the Libertarian Party of Virginia (the "LPVA") began to circulate petitions throughout the Commonwealth in the hope of collecting enough signatures to place its national candidate for President of the United States on the ballot for the November general election. To achieve ballot access for its candidate, the LPVA was required to obtain the signatures of 10,000...

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