PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-1449

MARYLAND ELECTION INTEGRITY, LLC; UNITED SOVEREIGN AMERICANS, INC.,

Plaintiffs – Appellants,

v.

MARYLAND STATE BOARD OF ELECTIONS,

Defendant – Appellee,

and

BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW,

Amicus Curiae.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Stephanie A. Gallagher, District Judge. (1:24-cv-00672-SAG)

Argued: December 12, 2024 Decided: February 4, 2025

Before WILKINSON, NIEMEYER, and WYNN, Circuit Judges.

Affirmed by published opinion. Judge Wynn wrote the opinion, in which Judge Wilkinson and Judge Niemeyer joined. USCA4 Appeal: 24-1449 Doc: 34 Filed: 02/04/2025 Pg: 2 of 13

ARGUED: Bruce Lee Castor, Jr., VAN DER VEEN, O’NEILL, HARTSHORN & LEVIN, Philadelphia, Pennsylvania, for Appellants. Daniel Michael Kobrin, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellee. ON BRIEF: C. Edward Hartman, III, HARTMAN, ATTORNEYS AT LAW, Annapolis, Maryland, for Appellants. Anthony G. Brown, Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellee.

2 USCA4 Appeal: 24-1449 Doc: 34 Filed: 02/04/2025 Pg: 3 of 13

WYNN, Circuit Judge:

Plaintiffs-Appellants, a Maryland LLC and a Missouri nonprofit corporation, allege

that Defendant-Appellee, the Maryland State Board of Elections, mismanaged state

electoral operations in violation of state and federal laws. The district court dismissed the

complaint without prejudice for lack of subject-matter jurisdiction, concluding that

Plaintiffs had not alleged injuries sufficiently concrete and particularized to support Article

III standing. We affirm.

I.

Maryland Election Integrity, LLC is a Maryland limited liability company; United

Sovereign Americans is a Missouri nonprofit corporation. In April 2024 these two entities

filed the operative amended complaint in the District of Maryland, alleging that the

Maryland State Board of Elections violated state and federal election laws through its

administration of the 2020 and 2022 general elections.

The complaint alleges that “Kate Sullivan, a member of Maryland Election Integrity

LLC, and a Baltimore County resident[,] canvassed Baltimore County and found inaccurate

voter registration records.” J.A. 34 ¶ 10. 1 According to Plaintiffs, Maryland’s “voter rolls

are highly inaccurate, error rates on the voting systems exceed the maximum allowable

error rates, voting systems were not certified correctly, machines have been used that have

VOID [Election Assistance Commission] certifications, large numbers of blank ballots

1 Citations to the “J.A.” refer to the Joint Appendix filed by the parties in this appeal.

3 USCA4 Appeal: 24-1449 Doc: 34 Filed: 02/04/2025 Pg: 4 of 13

were cast, and the [State Board] is unlawfully withholding evidence of such.” J.A. 62 ¶ 199

(capitalization in original).

Plaintiffs allege that the State Board violated two federal statutes—the National

Voter Registration Act of 1993 (“NVRA”), 52 U.S.C. §§ 20501, 20507, and the Help

America Vote Act (“HAVA”

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