Dakota NELSON; Belinda Biafore, individually and as Chairperson of the West Virginia Democratic Party; Elaine A. Harris, individually and as Chairperson of the Kanawha County Democratic Executive Committee; West Virginia Democratic Party; West Virginia Democratic House Legislative Committee, Plaintiffs-Appellees,
v.
Mac WARNER, in his official capacity as West Virginia Secretary of State, Defendant-Appellant, and
Vera McCormick, in her official capacity as Clerk of Kanawha County, West Virginia and all county ballot commissioners for the state of West Virginia, Defendant.
State of Texas; State of Georgia; State of Arizona: State of Florida: State of Indiana; State of Oklahoma: Honest Elections Project, Amici Supporting Appellant.
Dakota Nelson; Belinda Biafore, individually and as Chairperson of the West Virginia Democratic Party; Elaine A. Harris, individually and as Chairperson of the Kanawha County Democratic Executive Committee; West Virginia Democratic Party; West Virginia Democratic House Legislative Committee, Plaintiffs-Appellees,
v.
Vera McCormick, in her official capacity as Clerk of Kanawha County, West Virginia and all county ballot commissioners for the state of West Virginia, Defendant-Appellant, and
Mac Warner, in his official capacity as West Virginia Secretary of State, Defendant.
State of Texas; State of Georgia; Honest Elections Project; State of Arizona; State of Florida; State of Indiana; State of Oklahoma, Amici Supporting Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: May 7, 2021.
Decided: September 1, 2021.
Attorney(s) appearing for the Case
ARGUED: Lindsay Sara See , OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellant. Anthony J. Majestro , POWELL & MAJESTRO PLLC, Charleston, West Virginia, for Appellees. ON BRIEF: Patrick Morrisey , Attorney General, Curtis R.A. Capehart , Deputy Attorney General, Jessica A. Lee , Assistant Solicitor General, Thomas T. Lampman , Assistant Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellant Mac Warner. Michael W. Taylor , BAILEY & WYANT, PLCC, Charleston, West Virginia, for Appellant Vera McCormick. Christina L. Smith , POWELL & MAJESTRO PLLC, Charleston, West Virginia, for Appellees. Thomas R. McCarthy , Cameron T. Norris , Alexa R. Baltes , CONSOVOY McCARTHY PLLC, Arlington, Virginia, for Amicus Honest Elections Project. Ken Paxton , Attorney General, Jeffrey C. Mateer , First Assistant Attorney General, Brent Webster , First Assistant Attorney General, Kyle D. Hawkins , Solicitor General, Todd Lawrence Disher , Deputy Chief, Special Litigation Unit, William T. Thompson , Special Counsel, OFFICE OF THE ATTORNEY GENERAL OF TEXAS, Austin, Texas, for Amicus State of Texas. Mark Brnovich , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF ARIZONA, Phoenix, Arizona, for Amicus State of Arizona. Ashley Moody , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF FLORIDA, Tallahassee, Florida, for Amicus State of Florida. Christopher M. Carr , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF GEORGIA, Atlanta, Georgia, for Amicus State of Georgia. Curtis T. Hill, Jr. , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF INDIANA, Indianapolis, Indiana, for Amicus State of Indiana. Mike Hunter , Attorney General, OFFICE OF THE ATTORNEY GENERAL OF OKLAHOMA, Oklahoma City, Oklahoma, for Amicus State of Oklahoma.
Vacated and remanded by published opinion. Senior Judge Keenan wrote the majority opinion, in which Judge Thacker joined. Judge Wynn wrote a dissenting opinion.
BARBARA MILANO KEENAN, Senior Circuit Judge:
The plaintiffs in this case are individuals and organizations affiliated with the West Virginia Democratic Party. They challenge as unconstitutional a West Virginia statute governing the order in which candidates' names appear on state election ballots. Under West Virginia Code § 3-6-2(c)(3) (the...
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