Libertarian Party v. District of Columbia Board of Elections & Ethics

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 to report the number of votes cast for Barr violates the First and Fifth…