California lawmaker cleared to run for House and State Assembly
A California appeals court Tuesday ruled Assemblyman Vince Fong, R-Bakersfield, can stay on the ballot in the special election to fill former Speaker of the House Kevin McCarthy's vacant seat while also up for reelection in his state district, setting the stage for an unprecedented election season in the Central Valley.
The court's ruling struck down Secretary of State Shirley Weber's second attempt at challenging Fong's candidacy for both races, in the state's 20th U.S. Congressional District and in his 32nd California Assembly District.
"Today's ruling is yet another victory for the voters of the 20th Congressional District, who have now had their right to select the candidate of their choice upheld by the courts, twice," Fong said in a statement Tuesday. "I am grateful that our judicial system has upheld the integrity of our elections and sided with Central Valley voters and our communities. The foundation of our democratic process—voter choice—was preserved.”
Weber argued Fong's dual candidacy of running for two offices simultaneously violated state law and had the potential to confuse and disenfranchise voters. One of her complaints included the possibility of voters casting their ballots for Fong for state Assembly, only to have him win McCarthy's old seat and head to Congress, potentially depriving voters of their choice. However in its opinion, the Third Circuit Court of Appeals largely addressed these concerns as hypotheticals.
Yet the situation was always guaranteed to be somewhat messy, regardless of whether Weber's challenge succeeded. Concerns mounted in recent weeks over how a decision to strike Fong from the ballot in April — months into election season and well after primaries — would affect elections for both offices.
For a few months late 2023, it was unclear whether Fong would be on the ballot at all after Weber, a Democrat, said he could not run for the open seat and run for reelection in the state assembly at the same time. The conditions of McCarthy's sudden departure and Fong's decision to remain on the ballot for his current seat while also running in the special election have produced an unprecedented and at times, legally dizzying result.
Fong, McCarthy's chosen successor and former staffer, is the front-runner in all races. He placed first in the Super Tuesday primary for a full two-year term for the House seat and led Boudreaux in the March 19 special primary for the May 21 special election. In his Assembly district, he also won first place, as the lone candidate running uncontested.
Should the decision stand and not be referred to California's Supreme Court, voters in many areas of Kern and Tulare counties, including the city of Bakersfield, will see Fong's name multiple times in ballots over the next several months. Following the March primary, Fong will face off against Republican Tulare County Sheriff Mike Boudreaux in the May 21 special election to fill the vacant seat through the end of the year.
The California Supreme Court is the highest court in the state and chooses which cases to hear, just as the nation's Supreme Court does. Similarly, a small percentage of cases filed with the court for review are accepted. Roughly 3% of filed cases are taken on by the highest court, according to the California Appellate Courts, and generally include cases that have significant statewide impact or where the Courts of Appeal disagree about the law.
Kathryn Palmer is the California 2024 Elections Fellow for USA TODAY. Reach her at kapalmer@gannett.com and follow her on X @KathrynPlmr.