24TH SENATORIAL DISTRICT REPUBLICAN COMM. v. ALCORN

Nos. 15-1478, 15-1483.

820 F.3d 624 (2016)

24TH SENATORIAL DISTRICT REPUBLICAN COMMITTEE; Kenneth H. Adams, individually and as Chairman of the 24th Senatorial District Republican Committee, Plaintiffs-Appellants, and Daniel Moxley, Intervenor/Plaintiff, v. James B. ALCORN, in his official capacity as Chairman of the Virginia State Board of Elections; Clara Belle Wheeler, in her official capacity as Vice-Chairman of the Virginia State Board of Elections; Singleton B. McAllister, in her official capacity as Secretary of the Virginia State Board of Elections; Virginia Department of Elections; Emmett W. Hanger, Jr., Defendants-Appellees. Republican Party of Virginia, Inc., Amicus Supporting Appellants. Daniel Moxley, Intervenor/Plaintiff-Appellant, 24th Senatorial District Republican Committee; Kenneth H. Adams, individually and as Chairman of the 24th Senatorial District Republican Committee, Plaintiffs, v. James B. Alcorn, in his official capacity as Chairman of the Virginia State Board of Elections; Clara Belle Wheeler, in her official capacity as Vice-Chairman of the Virginia State Board of Elections; Singleton B. McAllister, in her official capacity as Secretary of the Virginia State Board of Elections; Virginia Department of Elections; Emmett W. Hanger, Jr., Defendants-Appellees. Republican Party of Virginia, Inc., Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 19, 2016.


Attorney(s) appearing for the Case

ARGUED: Jeffrey R. Adams , Wharton, Aldhizer & Weaver, PLC, Harrisonburg, Virginia, for Appellants. Joshua D. Heslinga , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. Richard Dean Boyer , Boyer Law Firm, PLLC, Lynchburg, Virginia, for Intervenor. ON BRIEF: Thomas E. Ullrich , Wharton, Aldhizer & Weaver, PLC, Staunton, Virginia; John C. Wirth , Nelson, McPherson, Summers & Santos, L.C., Staunton, Virginia, for Appellants. Mark R. Herring , Attorney General of Virginia, Cynthia E. Hudson , Chief Deputy Attorney General, John W. Daniel II , Deputy Attorney General, Kristina Perry Stoney , Senior Assistant Attorney General, Anna T. Birkenheier , Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees Alcorn, Wheeler, McAllister, and the Virginia Department of Elections; Chris Ashby, Ashby Law PLLC, Alexandria, Virginia, for Appellee Emmett W. Hanger, Jr. Patrick M. McSweeney, McSweeney, Cynkar & Kachouroff, PLLC, Powhatan, Virginia, for Amicus Curiae.

Affirmed by published opinion. Judge GREGORY wrote the majority opinion, in which Judge DIAZ joined. Chief Judge TRAXLER wrote a dissenting opinion.


The 24th Senatorial District Republican Committee of Virginia and Committee Chairman Kenneth H. Adams (together, the "Committee"), and Plaintiff-Intervenor Daniel Moxley, appeal the district court's dismissal of their complaints for lack of subject matter jurisdiction. See Fed. R.Civ.P. 12(b)(1). For the following...

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