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6TH CONGRESSIONAL DIST. REPUBLICAN COMM. v. ALCORN

No. 18-1111.

913 F.3d 393 (2019)

6TH CONGRESSIONAL DISTRICT REPUBLICAN COMMITTEE, Plaintiff-Appellee, and Anne Taetzsch Fitzgerald, individually and as Chairman of the 20th House of Delegates District Republican Committee; Karen U. Kwiatkowski, individually; Edward A. Yensho, individually and as Chairman of the Green County Republican Committee; 20TH House of Delegates District Republican Committee, Plaintiffs, v. James B. ALCORN, in his official capacity as Chairman of the Virginia State Board of Elections; Clara Belle Wheeler, in her official capacity as Vice-Chairman of the Virginia State Board of Elections; Singleton B. McAllister, in her official capacity as Secretary of the Virginia State Board of Elections; Virginia Department of Elections, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: January 9, 2019.

Attorney(s) appearing for the Case

ARGUED: Toby Jay Heytens, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellants. Jeffrey R. Adams, WHARTON, ALDHIZER & WEAVER, PLC, Harrisonburg, Virginia, for Appellee. ON BRIEF: Mark R. Herring, Attorney General, Stephen A. Cobb, Deputy Attorney General, Matthew R. McGuire, Principal Deputy Solicitor General, Michelle S. Kallen, Deputy Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellants. Charles F. Hilton, Thomas E. Ullrich, Lucas I. Pangle, WHARTON ALDHIZER & WEAVER, PLC, Harrisonburg, Virginia; John C. Wirth, NELSON MCPHERSON SUMMERS & SANTOS, Staunton, Virginia, for Appellee.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Motz and Judge Duncan joined.

The 6th Congressional District Republican Committee argues that Virginia's Incumbent Protection Act, Va. Code Ann. § 24.2-509(B), violates the First Amendment of the Constitution. The district court agreed and enjoined § 24.2-509(B) in its entirety. For the reasons that follow, we now affirm.

I.

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