On May 9, the Ninth Circuit heard oral argument in Libertarian Party of Los Angeles County v Bowen, 11-55316. This case challenges a California state law that makes it illegal for petitioners to work outside their home district, when they are circulating petitions to place candidates on the ballot for district office. The law also makes it illegal for petitioners to work outside their home county.

The panel consisted of Judges Harry Pregerson, Susan P. Graber, and Marsha S. Berzon. The judges seemed to believe that it is wrong for the California Secretary of State to say in court that she doesn’t enforce the requirement, when her web page says she does enforce it. One of the judges even said to the state’s attorney, “I suggest you advise your client to stop lying on the documents she promulgates to the public.”