Dnc v. Michele Reagan ( 2019 )

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 2 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT THE DEMOCRATIC NATIONAL No. 18-15845 COMMITTEE; DSCC, AKA Democratic Senatorial Campaign Committee; THE D.C. No. 2:16-cv-01065-DLR ARIZONA DEMOCRATIC PARTY, District of Arizona, Phoenix Plaintiffs-Appellants, ORDER v. MICHELE REAGAN, in her official capacity as Secretary of State of Arizona; MARK BRNOVICH, Attorney General, in his official capacity as Arizona Attorney General, Defendants-Appellees, THE ARIZONA REPUBLICAN PARTY; BILL GATES, Councilman; SUZANNE KLAPP, Councilwoman; DEBBIE LESKO, Sen.; TONY RIVERO, Rep., Intervenor-Defendants- Appellees. THOMAS, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel disposition in this case shall not be cited as precedent by or to any court of the Ninth Circuit. Judge McKeown did not participate in the deliberations or vote in this case. 2