Dec. 29 (UPI) — California Assemblyman Vince Fong will be allowed to run for Rep. Kevin McCarthy’s Congressional seat after a Sacramento Superior Court judge ruled he can be on two ballots at the same time.
While Judge Shelleyanne Chang rejected an assertion by California Secretary of State Shirley Weber that his candidacy violates state election code as he sought to run for McCarthy’s seat and seek re-election to the assembly at the same time.
Chang ruled that the statute was “inapplicable to Fong and cannot be used as a reason to preclude him” from the primary ballot.
She noted, however, that the court was worried about issues that could arise from Fong’s name being present on both ballots.
“The court notes that it is concerned about the outcome of this petition, as it may result in voter confusion and the disenfranchisement of voters if Fong is ultimately elected for both offices but does not retain one,” Chang said. “Moreover, it somewhat defies common sense to find the law permits a candidate to run for two offices during the same election.”
Fong’s messy entry into the race came when he decided to run for the seat vacated by McCarthy, R-Calif., after he had already filed to keep his California assembly seat. Fong filed after learning that the possible favorite for McCarthy’s seat, Republican State Sen. Shannon Grove, opted not to run.
Fong, who carries McCarthy’s endorsement as he once worked for the former House speaker as his district director, iled even though it was too late to take his name off the assembly ballot, leading Weber to rule she would not put him on the ballot for McCarthy’s seat because it violated state law.
Fong then filed a lawsuit to stay on the ballot for McCarthy’s seat as a certified candidate.
Fong issued a celebratory statement as he tried to replace his former boss in Congress.
“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 5 election,” Fong said on Thursday night after the decision. “I am grateful that Judge Chang upheld the integrity of our elections and sided with Central Valley voters against an overreaching Sacramento politician.”
