In a statement, Bannon declared that he would "never stop fighting."
A state criminal case would resemble a prior federal prosecution attempt.
He is anticipated to face a state indictment in connection with a fraud case for which the former president granted him a pardon.
Bannon was charged with defrauding donors who provided money to build a wall on the southern border of the United States.
In 2020, federal prosecutors arrested Mr. Bannon and three other men with scamming donors to fund the construction of the wall.
They were accused of using the money to pay for jewellery, a golf cart, and a luxury S.U.V. in addition to paying for personal expenses like hotel and credit card bills.