Ninth Circuit Rejects California’s Request for Rehearing in Libertarian Case Involving Petitioner Residency

On April 11, the 9th circuit refused to rehear Libertarian Party of Los Angeles County v Bowen, 11-55316. This is the case over California’s law that won’t let petitioners circulate a candidate petition if the circulator doesn’t live in the candidate’s district. The original Ninth Circuit opinion, issued on March 6, said that the plaintiffs do have standing. The state then asked for a rehearing en banc, arguing strenuously that the plaintiffs do not have standing. But not a single judge of the Ninth Circuit voted to rehear the case. Here is the order.

Now the case will go back to U.S. District Court. The U.S. District Court had ruled that the plaintiffs don’t have standing. There is also a bill pending in the legislature to repeal all residency requirements for petitioners, and if that bill is signed into law, the case will be moot.


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