Earlier this year, the Ninth Circuit ruled that the Libertarian Party had standing to challenge California laws that prohibit petitioners from working outside their home districts. The Ninth Circuit then remanded the case, called Libertarian Party of Los Angeles County v Bowen, back to the U.S. District Court, to decide the constitutionality of the residency requirement.

The Secretary of State then informed the U.S. Supreme Court that she intends to ask the U.S. Supreme Court to reverse the Ninth Circuit, and she obtained an extension of time in which to file her cert petition, to August 9. However, she has now decided not to file the cert petition after all. If the California legislature does not repeal the residency requirements, the U.S. District Court will rule on the constitutionality of the residency requirement.