California Assemblymember Vince Fong’s bid for Congress is still intact following a judge’s decision on Thursday. The ruling allows him to continue as a candidate in the race to replace Rep. Kevin McCarthy (R-Calif.).
Superior Court Judge Shelleyanne W.L. Chang’s ruling puts an end to the turbulent beginning of the race to replace the retiring former House speaker.
The argument made by California Secretary of State Shirley Weber, stating that Fong’s candidacy violated state election code, has been rejected. Chang, on the other hand, believes that this statute is not applicable to Fong and should not be used as a reason to exclude him from the primary ballot.
Fong expressed his joy and satisfaction in a statement immediately following the announcement of the ruling.
In response to the ruling, he expressed his satisfaction and emphasized that it is a win for the voters in the 20th Congressional District. He highlighted the importance of giving the voters the freedom to choose their preferred candidate in the upcoming March 5th election. Additionally, he expressed gratitude towards Judge Chang for upholding the integrity of the electoral process and supporting the residents of the Central Valley, who stood against the actions of a Sacramento politician attempting to exert excessive control.
The question revolved around whether Fong, as a congressional candidate, could still be listed on the ballot, despite previously filing for re-election for his Assembly seat. Fong had initially decided not to seek McCarthy’s seat but changed his mind when state Sen. Shannon Grove declined to run, surprising the Central Valley.
After the deadline to withdraw from the ballot as an Assembly candidate had passed, Fong decided to file for a congressional run, despite the violation of state law that prohibits appearing on the same ballot twice for different positions. Weber, in response, stated that Fong would not be included on the list of certified candidates for the 20th congressional district. In an attempt to remain on the ballot, Fong filed a lawsuit.
During Thursday’s hearing, Fong’s lawyers delved into the intricate details of state election law. They argued that there was no explicit prohibition in the law against a politician simultaneously serving in both Congress and the state legislature.
In her ruling, the judge expressed a favorable stance towards Fong but also raised concerns about his candidacy. She acknowledged that her decision could potentially lead to voter confusion and disenfranchisement if Fong were to be elected for both offices but did not retain one. Additionally, she found it somewhat illogical that the law allows a candidate to run for two offices in the same election.
Judge Chang made her ruling just moments before the 5 p.m. deadline when the Secretary of State was required to provide a list of certified candidates for the district.
Fong, who previously served as McCarthy’s district director and received an endorsement from his former boss, is strongly positioned as a top contender. His established presence in the district and connections to the former speaker’s political network give him a significant advantage.
The uncertainty surrounding Fong’s eligibility has led to a surge of other candidates vying for the solidly Republican district. Notable individuals such as Tulare County Sheriff Mike Boudreaux, Kyle Kirkland, a prosperous Fresno casino-owner and philanthropist, and David Giglio, who initially joined the race as a far-right contender against McCarthy, have all thrown their hats into the ring.
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