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LIBERTARIAN PARTY OF VIRGINIA v. ALCORN

No. 15-1162.

826 F.3d 708 (2016)

LIBERTARIAN PARTY OF VIRGINIA; William Hammer; Jeffrey Carson; James Carr; Marc Harrold; William Redpath; William Carr; Bo Conrad Brown; Paul F. Jones, Plaintiffs, and Robert C. Sarvis, Plaintiff-Appellant, v. James B. ALCORN, in his individual and official capacities as member of the Virginia State Board of Elections; Singleton B. McAllister, in her individual and official capacities as member of the Virginia State Board of Elections; Clara Belle Wheeler, in her individual and official capacities as member of the Virginia State Board of Elections, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 20, 2016.

Attorney(s) appearing for the Case

ARGUED: David I. Schoen , David I. Schoen , Attorney at Law, Montgomery, Alabama, for Appellant. Stuart Alan Raphael , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: Robert C. Sarvis, Alexandria, Virginia, Appellant Pro Se. Mark R. Herring , Attorney General of Virginia, Rhodes B. Ritenour , Deputy Attorney General, Anna T. Birkenheier , Assistant Attorney General, Matthew R. McGuire , Assistant Attorney General, Erin R. McNeill , Assistant Attorney General, Trevor S. Cox , Deputy Solicitor General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees.

Affirmed by published opinion. Judge Wilkinson wrote the opinion in which Judge Agee and Senior Judge Davis joined.

Robert Sarvis, a political figure in the Libertarian Party of Virginia, brings a constitutional challenge to Virginia's three-tiered ballot ordering law. The district court found no merit in Sarvis's arguments and accordingly dismissed his challenge for failure to state a claim...

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