NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

RAVALLI COUNTY REPUBLICAN

CENTRAL COMMITTEE; GALLATIN

COUNTY REPUBLICAN CENTRAL

COMMITTEE; SANDERS COUNTY

REPUBLICAN CENTRAL

COMMITTEE; DAWSON COUNTY

REPUBLICAN CENTRAL

COMMITTEE; STILLWATER COUNTY

REPUBLICAN CENTRAL

COMMITTEE; RICHLAND COUNTY

REPUBLICAN CENTRAL

COMMITTEE; CARBON COUNTY

REPUBLICAN CENTRAL

COMMITTEE; FLATHEAD COUNTY

REPUBLICAN CENTRAL

COMMITTEE; MADISON COUNTY

REPUBLICAN CENTRAL

COMMITTEE; BIG HORN COUNTY

REPUBLICAN CENTRAL

COMMITTEE; MONTANA

REPUBLICAN PARTY, 

Plaintiffs-Appellants,

 v.

LINDA McCULLOCH, in her official

capacity as Montana’s Secretary of State;

REGINA PLETTENBERG, in her official

No. 15-35967

DC. No. 6:14 cv-0058 BMM

D Mont., Helena

ORDER

FILED

JUL 22 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
capacity as the Election Administrator of

Ravalli County; CHARLOTTE MILLS, n

her official capacity as the Election

Administrator of Gallatin County; BOBBI

CHRISTENSEN, in her official capacity

as the Election Administrator of Sanders

County; SHIRLEY KREIMAN, in her

official capacity as the Election

Administrator of Dawson County;

PAULINE MISHLER, in her capacity as

the Election Administrator of Stillwater

County; STEPHANIE VERHASSELT, in

her official capacity as the Election

Administrator for Richland County; JUDY

CHRISTENSEN, in her official capacity

as the Election Administrator for Carbon

County; PAULA ROBINSON, in her

official capacity as the Election

Administrator for Flathead County;

PEGGY STEMLER, in her official

capacity as the Election Administrator for

Madison county; KIMBERLY

YARLOTT, in her official capacity as the

Election Administrator for Big Horn

County, 

Defendants-Appellees.

Appeal from the United States District Court

for the District of Montana

Brian M. Morris, District Judge, Presiding

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Submission Deferred May 4, 2016

Portland, Oregon

Submitted July 20, 2016*

Before: TASHIMA, TALLMAN, and HURWITZ, Circuit Judges.

This is an appeal from the denial of a preliminary injunction. Plaintiffs’

motion sought the preliminary injunction to prohibit certain action by State

officials with respect to the then-approaching June 2016 primary election. Because

we cannot grant effective relief with respect to an election that has already taken

place, this action is moot. See Vegas Diamond Props. LLC v. FDIC, 669 F.3d 933,

936, (9th Cir. 2012) (“This action is moot becuase the activities sought to be

enjoined have already occurred and can no longer be prevented.”).

Moreover, County Committee Plaintiffs-Appellants have voluntarily

dismissed the underlying action with prejudice. The office of a preliminary

injunction is, of course, to grant necessary injunctive relief pendente lite and its

term of office expires once the litigation comes to an end. Here, the dismissal of

the underlying action has obviated any need to consider preliminary injunctive

relief. To the extent that appellants seek to raise other or broader issues, they have

* The panel unanimously finds this case suitable for decision without

oral argument. See Fed. R. App. P. 34(a)(2)(C).

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now noticed another pending appeal from the order dismissing the action, in No.

16-35375, where, presumably, such questions can be litigated. 

Appeal DISMISSED. No costs.

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