California Attorney General Rob Bonta has taken legal action seeking the removal of Republican congressional candidate Vince Fong from the ballot, filing an emergency request on January 22 with the Third District Court of Appeal.
This move aims to reverse a lower court's decision that allowed Fong to simultaneously run for two offices.
California AG Files Emergency Request to Remove GOP Candidate From Ballot
Rob Bonta filed the request Jan. 22 asking for a reversal of a lower court’s ruling allowing the candidate to run for two offices at the same time.https://t.co/FQfcm7Hs5e
— The Epoch Times (@EpochTimes) January 26, 2024
Fong, a conservative from Bakersfield, entered the race in early December to succeed retired U.S. Rep. Kevin McCarthy.
McCarthy, the Former Speaker of the House, left Congress on December 6 after losing his leadership role and before the expiration of his term.
Fong, who received McCarthy's endorsement, is on the ballot for both the special election on March 19 to replace McCarthy and the state's presidential primary election on March 5, where he seeks reelection to his current state Assembly seat.
California Secretary of State Shirley Weber, responsible for overseeing elections, promptly moved to remove Fong from the congressional election ballot, citing state law prohibiting a candidate from running for two offices simultaneously.
Fong contested this decision, resulting in a lawsuit against the secretary of state in December.
In December, Superior Court Judge Shelleyanne Chang ruled in favor of Fong, determining that the state statute invoked by Weber was "inapplicable to Fong" and could not be used to prevent him from running for Congress.
Acknowledging potential "voter confusion" and "disenfranchisement," the judge permitted Fong to remain on both ballots.
Weber, a Democrat, strongly disagreed with the court's decision, emphasizing her duty to protect voters. Attorney General Bonta, representing the state, filed an appeal on January 22, urging the appeals court to instruct the California Superior Court in Sacramento to nullify its December ruling. Bonta requested a ruling by April 12, the final day for the secretary of state to certify the primary election results.
To strengthen Weber's argument, the state introduced new evidence claiming a candidate cannot run for two offices simultaneously. Bonta emphasized the trial court's concerns about potential voter disenfranchisement and confusion, asserting the need for immediate correction.
Several Republican candidates are vying for the congressional seat, including Tulare County Sheriff Mike Boudreaux, farmer and businessman Stan Ellis, small-business owner David Giglio, California City Mayor Kelly Kulikoff, and small-business owner Matthew Stoll.
Democratic Party candidates include private security guard Andy Morales and teacher Marisa Wood. Independent candidates in the race are scientist Ben Dewell and businessman T.J. Esposito. The winner will serve the remainder of McCarthy's term until January 3, 2025.
