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LUX v. JUDD

No. 10-1997.

651 F.3d 396 (2011)

Herb LUX; Stephen Cruse; Andrew Mikel; Eugene Foret, Plaintiffs-Appellants, v. Charles E. JUDD; Kimberly T. Bowers; Donald Palmer, members of the Virginia State Board of Elections, in their official capacities, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 6, 2011.

Attorney(s) appearing for the Case

ARGUED: Jared Haynie, Bopp, Coleson & Bostrom, Terre Haute, Indiana, for Appellants. Earle Duncan Getchell, Jr., Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: James Bopp, Jr.,   Scott F. Bieniek, Josiah Neeley, Bopp, Coleson & Bostrom, Terre Haute, Indiana, for Appellants. Kenneth T. Cuccinelli, II, Attorney General of Virginia, Stephen M. Hall, Assistant Attorney General, Charles E. James, Jr., Chief Deputy Attorney General, Wesley G. Russell, Jr., Deputy Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees.

Affirmed in part, reversed in part, and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge AGEE and Judge NORTON joined.

OPINION

DUNCAN, Circuit Judge:

This case arises out of Herb Lux's unsuccessful attempt to run for Congress in Virginia's Seventh Congressional District. In 2010, Lux's application for ballot placement as an independent candidate was denied due to his failure to comply with the state's requirement that each petition signature in support of his candidacy be witnessed by a district resident. Lux, and his supporters Stephen Cruse, Andrew Mikel, and Eugene Foret...

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