Confusion still engulfs race to fill congressional seat

We are one step closer to ending the chaos and confusion that plagues filling the 20th Congressional District seat abruptly vacated in December by Kevin McCarthy, R-Bakersfield.

Third District Court of Appeal justices last week heard arguments regarding the legality of Assemblyman Vince Fong, R-Bakersfield, running for the congressional seat of his former mentor and political ally. A decision is pending.

At the heart of the dispute is Fong appearing on the March 5 primary ballot as a candidate for two legislative offices — reelection to his 34th Assembly District seat and the 20th Congressional District seat.

California Secretary of State Shirley Weber ruled that it was too late for Fong to withdraw from the Assembly race, and more than a century of precedent and the law forbid him from running for two legislative offices on the same ballot.

Fong sued. Weber asked the courts to uphold her ruling. But a Sacramento judge sided with Fong. She ruled that a loophole in state election laws permitted Fong to run for more than one office on the same ballot. The judge did allow that the dual candidacy defied common sense and created confusion. It also might disenfranchise voters if higher courts reversed her ruling.

Fong finished first in both the Assembly and congressional March primaries. He will advance to a November runoff in the 20th Congressional District race, where he will face the second-place finisher, Tulare County Sheriff Mike Boudreaux, R-Springville. If Fong advances to a November runoff in the 32nd District race, he will face write-in candidate

❚■Regardless of the appellate court ruling, the secretary of state owes 32nd Assembly District and 20th Congressional District voters a clear explanation of what’s next. What seats need to be filled? How and when will that be done?

Ken Weir, a Bakersfield city councilman and Republican.

Confused? You are not alone. During the appellate court hearing last week, the state’s attorney, Seth Goldstein, called Fong’s candidacy absurd. He contended allowing candidates to run for multiple offices will cause electoral mayhem, voter confusion and distrust of the system. Popular candidates, such as Fong, who was running unopposed for reelection to the Assembly until write-in candidates emerged because he wanted the congressional seat, also could freeze potential candidates out of running for other offices.

Taking advantage of a potential loophole in the law, Fong created a situation where he can have his cake in eat it, too, Goldstein noted. One way or the other, Fong can win. Either he keeps his Assembly seat, or wins a House seat.

Even more confusion and expensive special elections loom. On March 19, a special election was held to complete

McCarthy’s unexpired congressional term. Fong and Boudreaux finished as the top two vote-getters in that race and will advance to a runoff on May 21. If Fong wins the runoff and is sworn into Congress, a special election will have to be scheduled to finish Fong’s unexpired Assembly term.

Since Fong overwhelmingly won the March primary for his Assembly district, will he still advance to the November runoff in that race? A reading of state election laws suggests that he might. A top two primary vote-getter is not allowed to withdraw from the November runoff and leave voters no choice but to elect the second-place finisher.

Regardless of the appellate court ruling, the secretary of state owes 32nd Assembly District and 20th Congressional District voters a clear explanation of what’s next. What seats need to be filled? How and when will that be done?

Meanwhile, there are three bills pending in the Legislature to clarify the law and, hopefully, to avoid future political messes like this one:

■ Assembly Bill 1784, introduced by Assemblywoman Gail Pellerin, D-Santa Cruz, would clarify that a candidate can only run for one office on the same ballot.

■ Assembly Bill 1795, introduced by Wendy Carrillo, D-Los Angeles, would provide a process and set deadlines for candidates to withdraw from a race to run for another office.

■ Assembly Bill 2003, introduced by Fong, would redefine deadlines for withdrawing from one race to compete in another.

These bills should be combined into a single, coherent clarification of election rules that spares future voters the chaos that now exists.