A Sacramento County judge determined on Thursday that Republican Assembly member Vince Fong of Bakersfield can seek the seat of the late House Speaker Kevin McCarthy (R-Calif.) in a congressional election in the Central Valley.

In mid-December, Fong's attempt to be included on the March 5 primary ballot was denied by the office of Secretary of State Shirley N. Weber. However, Judge Shelleyanne W.L. Chang's order overturned that decision According to a report by The Los Angeles Times. Shortly thereafter, Fong filed a lawsuit against Weber.

“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.

According to Weber's office, Fong was not allowed to run for two offices simultaneously. Fong had already filed to compete for reelection to his Assembly seat before he decided to run in McCarthy's district.

Chang said in her decision that it "somewhat defies common sense" to let Fong compete for both positions and that doing so could confuse voters.

Chang argued that Fong should not be disqualified because no one is allowed to compete for "more than one office at the same election," even if that is a state statute.

According to Fong, the statute is no longer relevant because in 2010, California voters abolished party nominations in favor of a system that sends the top two finishers to the general election irrespective of their party affiliation.

The statute solely applies to California's old primary system, according to Chang, who agreed.

Weber expressed her "gravely concerned" about the ruling's implications and stated that her office intends to appeal in a news release. She warned that voters might be unrepresented if Fong were to win both the Assembly and the congressional campaigns and be forced to resign from one of them.

“As California’s chief election official, it is my duty to take steps necessary to protect voters,” she said.

The decision by Chang is reasonable, according to Jessica Levinson, a professor of election law at Loyola Law School. She speculated that the judge may have felt "left without any choice" due to the lack of an updated state statute.

“Typically, judges prefer the route that allows a candidate to stay on the ballot,” Levinson said, noting concerns some have expressed about interfering with the democratic process.

Fong, a former staff member for McCarthy, entered the campaign as the frontrunner and secured McCarthy's support almost immediately.

Additional contenders consist of Tulare County Sheriff Mike Boudreaux, self-described "America First" candidate David Giglio, who has criticized McCarthy, landscaping business owner and former fighter pilot Matt Stoll, who has previously run for Congress twice, and Kyle Kirkland, proprietor of the sole card room in Fresno.