MIDDLETON v. ANDINO

No. 20-2022.

976 F.3d 403 (2020)

Kylon MIDDLETON; Deon Tedder; Amos Wells; Carlyle Dixon; Tonya Winbush; Ernestine Moore; South Carolina Democratic Party; DNC Services Corporation/Democratic National Committee; Democratic Congressional Campaign Committee, Plaintiffs-Appellees, v. Marci ANDINO, in her official capacity as Executive Director of the South Carolina State Election Commission; John Wells, in his official capacity as Chair of the South Carolina State Election Commission; Clifford J. Elder, in his official capacity as member of the South Carolina State Election Commission; Scott Moseley, in his official capacity as member of the South Carolina State Election Commission, Defendants-Appellants, James H. Lucas, Speaker of the South Carolina House of Representatives; Harvey Peeler, in his capacity as President of the South Carolina Senate, Intervenors/Defendants-Appellants, South Carolina Republican Party, Intervenor-Appellant. State of South Carolina, Amicus Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

FILED: September 25, 2020.


Attorney(s) appearing for the Case

Christopher J. Bryant , Marc Erik Elias , Bruce Van Spiva , Perkins Coie LLP, Washington, DC, for Plaintiffs-Appellees.

Mary Elizabeth Crum , William Grayson Lambert, Esq. , Jane Wilroy Trinkley , Burr & Forman, LLP, Columbia, SC, for Defendants-Appellants.

Robert E. Stepp , Robert E. Tyson, Jr. , Robinson, Gray, Stepp & Laffitte, LLC, Columbia, SC, for Intervenor-Appellant.

Susan Pedrick McWilliams , Mark C. Moore, Esq. , Nexsen Pruet, LLC, Columbia, SC, for Intervenor/Defendant-Appellant James H. Lucas.

Matthew Todd Carroll, Esq. , Kevin Alan Hall , Womble Bond Dickinson (US) LLP, Columbia, SC, for Intervenor/Defendant-Appellant Harvey Peeler.

Robert D. Cook , Harley Littleton Kirkland , Assistant Attorney General, James Emory Smith, Jr., Esq. , Assistant Attorney General, Alan Wilson , Office of the Attorney General of South Carolina, Columbia, SC, Kyle Burns , M. Annie Houghton-Larsen , LaRue Robinson , Skyler Silvertrust , Peter Lieb , Willkie Farr & Gallagher, LLP, New York, NY, Dale E. Ho , Director, Sophia Lin Lakin , Theresa J. Lee , Ihaab Syed , Adriel I. Cepeda Derieux , New York, NY, Susan King Dunn , ACLU of South Carolina, Charleston, SC, Kevin Eli Jason , J. Zachery Morris , Deuel Ross , NAACP Legal Defense & Educational Fund, Incorporated, New York, NY, for Amicus Supporting Appellant.


ORDER

A majority of judges in regular active service and not disqualified having voted in a requested poll of the court to grant rehearing en banc, rehearing en banc is granted. This court's September 24, 2020, order staying the district court's injunction is vacated, and all filings relative to the motion for stay are referred to the en banc court for consideration. Judge Richardson recused himself and took no part in the en banc poll.

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