As noted earlier, on January 5, 2010, the 9th circuit ruled in Farrakhan v Gregoire that the Voting Rights Act does apply to state laws that ban felons and ex-felons from registering to vote. The 9th circuit stayed its own ruling on January 12, 2010. The state of Washington, which lost the case, did not file a petition for rehearing en banc by the deadline. Presumably this is because the state is intending to ask the U.S. Supreme Court to take its appeal.

In an unusual move, on February 12, the 9th circuit asked the two sides if they wish the 9th circuit to rehear the case. The responses are due on March 5.