Assemblymember Vince Fong can run for Kevin McCarthy's House seat, court rules

Staff Writer

Published Dec. 28, 2023 Updated Dec. 29, 2023 10:42 AM PT

Bakersfield Republican Assemblymember Vince Fong can run in a Central Valley congressional race to replace former House Speaker Kevin McCarthy (R-Bakersfield), a Sacramento County judge ruled Thursday.

The decision by Judge Shelleyanne W.L. Chang overrules the office of the Secretary of State Shirley N. Weber, which in mid-December denied Fong’s bid to appear on the March 5 primary ballot. Fong then sued Weber.

“Today’s ruling is a victory for the voters of the 20th Congressional District, who will now have the opportunity to select the candidate of their choice in the March 5th election,” Fong said in a statement.

Weber’s office had said that Fong could not run for two offices at the same time. Before Fong filed to run in McCarthy’s district, he had submitted paperwork for a reelection bid for his Assembly seat.

In her ruling, Chang wrote that allowing Fong to run for both offices “somewhat defies common sense” and might also confuse voters.

But Fong should not be disqualified, Chang wrote, despite a state law saying that no person may run for “more than one office at the same election.”

Fong argued that the law has not been applicable since 2010, when California voters changed the state’s primary system, scrapping party nominations for a setup that lets the top two vote-getters advance to the general election regardless of their party affiliation.

Chang agreed, saying the law applies only to California’s old primary system.

In a news release, Weber said her office plans to appeal the ruling, noting that she is “gravely concerned” about its consequences. Voters could be left without representation if Fong wins both his Assembly and congressional races and has to give up one of the positions, she said.

“As California’s chief election official, it is my duty to take steps necessary to protect voters,” she said.

Jessica Levinson, an election law professor at Loyola Law School, said Chang’s ruling makes sense. Because the state law hasn’t been updated, she said, the judge may have been “left without any choice.”

“Typically, judges prefer the route that allows a candidate to stay on the ballot,” Levinson said, noting concerns some have expressed about interfering with the democratic process.

Chang’s ruling adds another twist to the election to replace McCarthy, who will leave Congress on Dec. 31, months after he was ousted as House Speaker. Gov. Gavin Newsom will call a separate special election after McCarthy’s official resignation to temporarily fill the 20th District seat until January 2025.

Fong, a former McCarthy staff member, has been considered the front-runner and quickly secured McCarthy’s endorsement after entering the race.

Other candidates include Tulare County Sheriff Mike Boudreaux; David Giglio, a self-described “America First” candidate who has been critical of McCarthy; Matt Stoll, a former fighter pilot who operates a landscaping business and has run for Congress twice before; and Kyle Kirkland, the owner of Fresno’s only card room.

The most prominent Democrat in the race is Bakersfield teacher Marisa Wood, who raised more than $1 million in her unsuccessful run against McCarthy in 2022.

California Republican Party Chairwoman Jessica Millan Patterson said in a statement that the ruling puts “an end to Democrats’ political games.”

“The Sacramento Democrat machine tried and failed to interfere in a district that heavily favors Republicans,” she said in the statement.

Assemblywoman Wendy Carrillo (D-Los Angeles) in a statement called the ruling “a gross interpretation of the law,” saying her office plans to introduce a bill “that will clear up this mess.”

“There is too much at stake and there is no time for GOP shenanigans,” she said in the statement.

Times staff writer Laura J. Nelson contributed to this report.