California Secretary of State Shirley Weber expressed her disappointment at a court ruling allowing Republican Assemblyman Vince Fong to appear on the primary ballot for two separate races and said she will appeal the ruling.
Weber had blocked Fong from appearing on the primary ballot for the state’s 20th Congressional District because she said he had already filed to run for his current seat in the state Assembly, and the election code prevents candidates from appearing on the ballot for two separate offices. However, the Sacramento Superior Court ruled on Thursday that the California election code Weber cited to remove him from the congressional ballot did not apply to Fong.
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Weber said in a statement on Friday that she is “gravely concerned about the consequences” of the ruling and is concerned about “confusion” and “disenfranchisement” if Fong were to win both races.
“I strongly disagree with the outcome of this case, and I am gravely concerned about the consequences of today’s ruling,” Weber said. “I do agree, however, with the Court’s expressed concern that this ruling ‘may result in voter confusion and the disenfranchisement of voters if Fong is ultimately elected for both offices but does not retain one’ and that it ‘defies common sense to find the law permits a candidate to run for two offices during the same election.’”
She said her office would be appealing the ruling but that in the interim, he would be placed on the ballot for the March 2024 primary. Weber’s certified candidates list for the primary released on Thursday evening included Fong.
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“As California’s chief election official, it is my duty to take steps necessary to protect voters. As such, my office will appeal this ruling in an effort to ensure that voters in future elections will not become disenfranchised, be left without representation, or become subject to other unforeseen negative consequences that would erode confidence in our elections,” Weber wrote.
Fong, who is backed by outgoing Rep. Kevin McCarthy (R-CA) to fill his House seat, initially said he would not seek McCarthy’s seat, but after another ally of the former House speaker, GOP state Sen. Shannon Grove, opted not to run, Fong announced his candidacy.
