On April 26, U.S. District Court Judge Garland E. Burrell declined to order the California Secretary of State to list Peta Lindsay on the Peace & Freedom Party presidential primary ballot. Here is the 14-page order. However, he said the case is not moot, and the case will remain alive for a fuller development of the issues.

The Secretary of State declined to put Peta Lindsay on the primary ballot because she acknowledges that she is under age 35 (she is 27). However, under a California State Court of Appeals ruling from 2010 (Keyes v Bowen), if the Peace & Freedom Party were to nominate her, the Secretary of State would be obliged to print her name on the November ballot. The order does not discuss that. It differentiates the treatment of Lindsay from the various lawsuits over whether the Secretary of State should investigate whether President Obama is eligible for the presidency by saying that the Obama matter is disputed, whereas the Lindsay matter is not.

This implies that if she had lied about her age, she could have been on the ballot.