California court rules Republican seeking McCarthy’s seat can run in two races

A California appeals court ruled that Vince Fong, a Republican state legislator, can run for both the House seat to replace former Rep. Kevin McCarthy and the state Legislature simultaneously.

Mr. Fong, a former aide of Mr. McCarthy, was his chosen successor for the state’s 20th Congressional District. But his bid for the seat was put on hold when Secretary of State Shirley Weber said he could not run for his Assembly seat and the seat in Congress at the same time.

He had originally filed to run for reelection for his Assembly seat. But after state Sen. Shannon Grove, Bakersfield Republican, said she wasn’t going after Mr. McCarthy’s seat that became vacant when he esigned from Congress in December, Mr. Fong decided to run for it.

A lower court in December ruled that Mr. Fong could run, and he came out as the frontrunner in the state’s primary in March for both the House and Assembly seat. He also appeared on the ballot for the March 19 special election to finish out the remainder of Mr. McCarthy’s term through January.

The 3rd Court of Appeals upheld that decision Tuesday, saying that “if the Legislature wants to prohibit candidates from running for more than one office at the same election, it is free to do so.” But the court said current law allows him to run for both seats.  

“This decision puts to end the unnecessary and ill-advised campaign in Sacramento to deprive voters of a real choice in this election,” Mr. Fong said in a statement.

Ms. Weber said her office disagreed with the ruling, saying the court’s ruling paves the way for “chaos, gamesmanship and voter disenfranchisement, and disadvantages other candidates.”

Mr. Fong’s campaign has said he is only focusing on running for Congress, even though his name will also appear on the Assembly race ballot.

He will face off against Tulare County Sheriff Mike Boudreaux in the May 21 special election to determine who holds the seat through January, and in the November election.