The court’s decision to deny McDuffie’s en banc appeal frustrates his latest efforts to overturn the April 18 decision of the three-member Election Commission, which found he was not actively engaged as a lawyer during his decade with the DC Council. The Elections Commission held a lottery on Friday to determine the order of the names on the ballot – including without McDuffie – and is expected to begin mailing ballots to voters in the coming weeks.
McDuffie was considered one of the leading contenders in the race and had beat his three opponents. His campaign did not immediately return a request for comment.
Saturday’s court order said eight appeal court judges were divided on whether the matter warranted a rehearing — to move forward, a majority of them had to vote in favor of en banc appeal.
A judge who again voted against hearing the argument said that even though the matter was “of sufficient importance to warrant consideration by the court en banc”, they still voted to deny the motion to due to time constraints around the case and after reviewing the oral arguments. from Wednesday.
The Board of Elections states on its website that the decision of the Court of Appeal is final. In a statement, the campaign of Bruce V. Spiva, the Attorney General hopeful who issued the challenge, said the matter was settled.
“The decision is now final – after two unanimous decisions by the Board of Elections and the Court of Appeal,” said Spiva campaign manager Alaina Haworth. “Over the next 7 weeks, Bruce will be focused on continuing to meet with voters in the district to discuss the issues that matter most to them.”