Three guesses which US Appeals Court the lawsuit was filed in.
None! You cannot originate a patent infringement suit in a United States Court of Appeals, any more than you can file in the Supreme Court. Instead, patent litigation must start at a United States District Court. The losing party may appeal to the United States Court of Appeals for the Federal Circuit.
My guess is that too few people knew about the election in the first place, and that it was just a failure to advertise it properly.
Perhaps their mistake was that their advertising wasn't as innovative as the balloting. Next time they can spend their advertising budget in Second Life, perhaps buying their own "Election Island" where voters' avatars can encounter virtual voter information while enjoying visiting replicas of actual places on Oahu painstakingly recreated with prims, textures and scripts. Surely if anything could replace the community spirit of a busy polling place at election day it would be the virtual community spirit created by avatars wandering around an an eerie, abandoned, ghost town-like virtual world while waiting for billboard textures to load so they can learn about the candidates.
There must be more to life than having everything. -- Maurice Sendak