A California appellate court ruled Tuesday that Vince Fong, a Republican state legislator, can legally appear on both the state and federal congressional ballots this fall.
Fong, a mentee and ex-staff member for former Speaker Kevin McCarthy (R-Calif.), has advanced to a May election in the Golden State that will determine who will complete the remainder of McCarthy’s term since he left office last year.
He also filed to run for reelection in the California State Assembly, where he represents the Bakersfield area. After McCarthy announced his retirement in early December, Fong filed paperwork to run for the seat.
California Secretary of State Shirly Weber (D) attempted to keep Fong out of the Congressional race, since he’d already declared for the state-level position and California law bars candidates from appearing twice. But, a judge ruled in late December that Fong could run.
Superior Court Judge Shelleyanne Chang ruled that Weber’s determination was “inapplicable” to Fong and said he could run in the 20th Congressional District. Chang noted that the law only applied to independent candidates for Congress, not partisan primaries.
The 3rd Court of Appeals agreed Tuesday, ruling that since Fong was not “seeking to utilize the independent nomination process,” the statute did not apply to him.
“If the Legislature wants to prohibit candidates from running for more than one office at the same election, it is free to do so,” the judges wrote. “Unless and until it does so, however, we must take section 8003 as we find it and enforce it as written.”
The candidate is running against Mike Boudreaux, a county sheriff, in the general election for the 20th District, which McCarthy represented since 2007. Fong, who won the GOP special primary in March, will also compete against the sheriff in the special election to fill the vacant seat on May 21.
The latest decision means he will also be listed as the only candidate in the 32nd Assembly District this fall.
If Fong wins both elections, he would resign from the Assembly and head to Congress. A special election would be held to fill the Assembly vacancy in 2025, Fong spokesperson Ryan Gardiner told the Los Angeles Times.
