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

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 sued Weber shortly after her office’s ruling.

“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 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 his reelection bid for his current Assembly seat.

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

State law says no person may run for “more than one office at the same election,” but Chang said that does not disqualify Fong.

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 with Fong, saying the state law applies only to someone going through California’s old primary system of party nominations.

Chang’s ruling is understandable, said Jessica Levinson, an election law professor at Loyola Law School. Given how the state law was written and not 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 criticism that kicking someone off could interfere with the democratic process.

Chang’s ruling is another twist to the election to replace McCarthy, who will leave Congress on Dec. 31, months after he was ousted from House Speaker position. 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, McCarthy’s former staff member, has been considered the front-runner in the race. Fong quickly secured McCarthy’s endorsement after he entered 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 in a statement said 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.

Weber’s office did not immediately respond to a request for comment as to whether it plans to appeal the ruling.

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