LOS ANGELES — In a decision that could leave voters in a double bind, a California court ruled Tuesday that a state lawmaker can appear as a candidate in two races on the November ballot — one for former Speaker Kevin McCarthy’s former U.S. House seat. Delegates, and the other for the state Assembly seat he plans to vacate if elected to Congress.
The ruling marked a victory for Assemblymember Vince Fong, a Republican who is a former McCarthy aide and the former speaker’s preferred successor in the Central Valley’s 20th Congressional District.
The decision gives district voters the “right to choose the candidate of their choice,” Fong said in a statement.
The unusual dual candidacies stemmed from McCarthy’s decision to announce his retirement in early December, two months after his historic ouster as chairman and shortly before the deadline for candidates to run for the seat.
The announcement set off a whirlwind of political maneuvering that ultimately led to a dispute between Fong and Democratic Secretary of State Shirley Weber over whether he could appear on the ballot twice. He previously filed for re-election to the General Assembly, but changed direction when the coveted House seat came into play.
His campaign says he is only running for Congress, even though he will also appear in the Assembly contest.
A state court agreed with Fong in December. That ruling resulted in him appearing as a candidate in the House and Assembly races in the March 5 primary, and also as a candidate in a separate March 19 special election to fill out the remainder of McCarthy’s term, which runs through January. to complete.
He advanced to the general election in the race for a full House term, and also advanced to the May election for the remainder of McCarthy’s term. He faces Tulare County Sheriff Mike Boudreaux, another Republican, in both contests.
Weber had challenged the December decision and on Tuesday a state appeals court agreed to the earlier ruling, clearing the way for Fong to continue his campaign in the House of Representatives.
“This decision ends the unnecessary and ill-advised campaign in Sacramento to deprive voters of a real choice in this election,” Fong added.
Weber said her office disagreed and was disappointed with the ruling, which she said was contrary to established practice. Her office is considering all options, she said.
Both court rulings open the way for “chaos, gamesmanship and disenfranchisement” while disadvantaging other candidates, Weber said in a statement.