Boone said in the motion that the government will instead file what is called an information based on criminal conduct described in the original complaint.
An information is a mechanism for prosecutors to charge someone without seeking a grand jury indictment.
Prosecutors often use an information to file a charge as part of a guilty plea.
One of Longmeyer’s attorneys, Brian Butler, did not respond to a request for comment.
Longmeyer is scheduled for a hearing Wednesday.
Longmeyer headed the Personnel Cabinet during the administration of former Gov. Steve Beshear. He resigned in September, but later was named deputy attorney general by Beshear’s son Andy Beshear, who won election as state attorney general in November.
Longmeyer resigned that post days before he was charged with bribery.