LIBERTARIAN PARTY v. D.C. B.D. OF ELECTIONS

No. 11-7029.

682 F.3d 72 (2012)

LIBERTARIAN PARTY, et al., Appellants v. DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 8, 2012.


Attorney(s) appearing for the Case

Oliver B. Hall argued the cause and filed the briefs for appellants.

Rudolph M.D. McGann argued the cause and filed the brief for appellee District of Columbia Board of Elections and Ethics. Kenneth J. McGhie entered an appearance.

James C. McKay Jr. , Senior Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellees Vincent C. Gray and Irvin B. Nathan. With him on the brief were Irvin B. Nathan , Attorney General for the District of Columbia, Todd S. Kim, Solicitor General, and Donna M. Murasky, Deputy Solicitor General.

Opinion for the Court filed by Circuit Judge TATEL.


TATEL, Circuit Judge.

The District of Columbia's Board of Elections and Ethics published the total number of write-in votes cast in the 2008 presidential election but, consistent with its regulations, never reported which individuals were penciled in by voters choosing the write-in option or how many votes any such individual accrued. The Libertarian Party, along with its 2008 presidential candidate Bob Barr, a write-in candidate, contends that the District's failure...

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