California secretary of state announces McCarthy protege cannot run for his seat

California Secretary of State Shirley Weber announced on Friday that Assemblyman Vince Fong cannot run for former House Speaker Kevin McCarthy’s (R-CA) House seat next year because he has already filed to run for state Assembly.

Weber confirmed that under California state law, a candidate cannot appear on one ballot for two separate offices.

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“Under state law, a candidate who has filed their declaration of candidacy is not permitted to withdraw as a candidate at that primary election,” the secretary said in a statement. “Mr. Fong filed his completed nomination documents for Assembly District 32 prior to the close of the December 8, 2023 filing deadline. Mr. Fong then submitted completed nomination documents for Congressional District 20 during the 5-day extension period triggered by the incumbent’s decision not to seek re-election. State law prohibits any candidate from filing nomination papers for more than one office at the same election.”

Fong responded to the secretary of state’s announcement in a statement on social media on Friday, claiming he would fight the decision so voters could choose who represents them in Washington, D.C.

“Voters in the 20th Congressional District have a right to choose the candidate of their choice to represent them in Congress,” Fong said. “I will fight the Secretary of State’s misguided decision and do whatever it takes to give voters in our community a real choice in this election because the voters choose our elected officials, not Sacramento.”

Fong’s campaign said the assemblyman plans to “fully litigate” the decision and will file a challenge in the state Superior Court.

Fong, who served previously as McCarthy’s district director, was hand-picked by the former speaker shortly after he announced his retirement. McCarthy concluded his 17-year career in the House earlier this week.

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“There is no one that I trust more to continue the fight for common-sense and conservative values in Washington DC. I am proud to endorse my friend Vince Fong for Congress,” McCarthy said on Tuesday.

McCarthy’s sudden exit from Congress came after a majority of the House voted to remove him as speaker in October, shortly after he was accused of making a side deal with Democrats to temporarily fund the federal government through the end of October to avoid a government shutdown.