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California Republican state Rep. Vince Fong can proceed with his congressional campaign to succeed former House Speaker Kevin McCarthy in 2024 after previously being barred from the ballot, a judge ruled on Thursday.
Fong had already filed for reelection in the state legislature before deciding to run for Congress, missing the date to withdraw his candidacy for the local position. Democratic Secretary of State Shirley Weber argued Fong could not appear on the ballot for Congress and the state Assembly, citing a violation of California’s election code, which Superior Court Judge Shelleyanne W.L. Chang rejected after Fong filed a lawsuit on Dec. 22, according to multiple outlets.
“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. “I am grateful that Judge Chang upheld the integrity of our elections and sided with Central Valley voters against an overreaching Sacramento politician.”
However, Chang warned that Fong appearing on the ballot for two different offices could cause “voter confusion” on the March 5 primary date. (RELATED: Kevin McCarthy Announces He Will Retire From Congress)
“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 wrote. “Moreover, it somewhat defies common sense to find the law permits a candidate to run for two offices during the same election.”
WASHINGTON, DC – JANUARY 24: Speaker of the House Kevin McCarthy (R-CA) speaks during a news conference outside of his office at the U.S. Capitol. (Drew Angerer/Getty Images)
The judge issued her ruling just ahead of the state’s deadline to produce a list of eligible primary candidates for the ballot, which Fong was ultimately included on for both offices.
Shortly after Fong launched his campaign on Dec. 11, McCarthy endorsed the state assemblyman, who had previously served as the former speaker’s district director.
“Vince has fought tirelessly to improve the quality of life in the Central Valley. There is no one that I trust more to continue the fight for common-sense and conservative values in Washington DC. I am proud to endorse my friend, Vince Fong, for Congress,” McCarthy said in a statement on Dec. 12.
McCarthy announced he’d be resigning at the end of 2023 following his early October ouster as speaker and a tumultuous year in the lower chamber.
Neither McCarthy nor Weber immediately responded to the Daily Caller News Foundation’s requests for comment.
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