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MILLER v. CUNNINGHAM

Nos. 06-2334, 07-1002.

512 F.3d 98 (2007)

Larry MILLER; 11th Senatorial District Republican Committee, Plaintiffs-Appellees, v. Jean CUNNINGHAM, in her official capacity as Chairman of the Virginia State Board of Elections; Harold Pyon, in his official capacity as Vice-Chairman of the Virginia State Board of Elections; Nancy Rodriques, in her official capacity as Secretary of the Virginia State Board of Elections, Defendants-Appellants. Republican Party of Virginia, Amicus Supporting Appellees. Larry Miller; 11th Senatorial District Republican Committee, Plaintiffs-Appellants, v. Jean Cunningham, in her official capacity as Chairman of the Virginia State Board of Elections; Harold Pyon, in his official capacity as Vice-Chairman of the Virginia State Board of Elections; Nancy Rodriques, in her official capacity as Secretary of the Virginia State Board of Elections, Defendants-Appellees. Republican Party Of Virginia, Amicus Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

Filed: December 20, 2007.

Attorney(s) appearing for the Case

Patrick Michael McSweeney, Jeffrey L. Cimbalo, McSweeney, Crump, Childress & Gould, PC, Paul A. Prados, Wesley Glenn Russell, Jr., Childress, Gould & Russell, PC, Kenneth Thomas Cuccinelli, II, Richmond, VA, Christopher M. Day, Cuccinelli & Day, PLLC, Fairfax, VA, Plaintiffs-Appellants.

Frank Snead Ferguson, William Cleveland Mims, Robert Francis McDonnell, Attorney General, James Van Ingold, Maureen Riley Matsen, William Eugene Thro, Stephen R. McCullough, Assistant Attorney General, Jacob Jasen Eige, Office of the Attorney General of Virginia, Richmond, VA, for Defendants-Appellants.

ORDER

Appellants/cross-appellees filed a petition for rehearing and rehearing en banc. Appellees/cross-appellants filed a response in opposition to the petition. A member of the Court requested a poll on the petition for rehearing en banc. The poll failed to produce a majority of the judges in active service in favor of rehearing en banc. Judges Wilkinson and Shedd voted to grant rehearing en banc. Chief Judge Williams and Judges Niemeyer, Michael,

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