California Court Rules Assemblymember Vince Fong Can Run for Multiple Offices, Calls for Urgent Update of Outdated Election Law

Sacramento, California – California Assemblymember Vince Fong finds himself in the spotlight for a controversial move in his political career. Despite the common sense notion that candidates should not be allowed to run for multiple offices simultaneously, Fong took the audacious step of putting his name on the March primary ballot for both reelection to the Assembly and the congressional seat left vacant by former House Speaker Kevin McCarthy.

Last week, a Sacramento County Superior Court judge ruled in favor of Fong, stating that the state law prohibiting candidates from seeking “more than one office at the same election” is outdated. This decision allows Fong to remain in both races, a move that has raised concerns about confusion among voters and the potential impact on the integrity of the election system.

California Secretary of State Shirley Weber plans to appeal the ruling. However, many believe that the most reasonable course of action is for the state legislature and Governor Gavin Newsom to update the state law, unequivocally stating that candidates can only run for one office at a time. This would address the potential for voter confusion and ensure a fair electoral process.

Allowing candidates to run for multiple offices simultaneously has significant drawbacks. If a candidate were to win in more than one race, it would leave the community without representation until a special election could be scheduled to fill the vacant seat. Special elections are costly and often have low voter turnout, which undermines the principles of a healthy democracy.

This situation stems from a change in California’s primary system in 2010, which eliminated party nominations in favor of a top-two system. Regrettably, the state failed to update the language of the election code to reflect this change. As a result, the court determined that the law prohibiting candidates from running for multiple offices only applies to the old primary system, thereby allowing Fong to be on the ballot twice.

Assemblymember Wendy Carrillo has expressed her intention to introduce a bill that would address this issue. While there may be exceptional circumstances where a candidate would need to make a last-minute change to the office they are running for, running for two seats simultaneously should not be allowed. This proposed legislative fix has bipartisan support and is crucial for clarifying election rules.

The timing of former House Speaker Kevin McCarthy’s resignation played a role in this situation. With little time for candidates to make decisions, Fong initially declined to enter the race for McCarthy’s seat. However, after another potential candidate dropped out, Fong changed his mind. Unfortunately, by that point, the deadline to withdraw from the Assembly race had passed, virtually guaranteeing his reelection to that seat.

The ruling allowing Fong to remain in both races is not without criticism. Judge Shelleyanne W.L. Chang acknowledged that this decision could lead to voter confusion and disenfranchisement if Fong were to be elected to both offices but ultimately only retain one. While she recognized the lack of common sense in allowing a candidate to run for two offices in the same election, she felt compelled to interpret the law as written by the Legislature.

California must prioritize the updating of election laws to avoid such confusion and ensure transparency for future elections. Allowing candidates to run for multiple offices simultaneously brings unnecessary complexity and potential for disenfranchisement. Voters deserve clarity and a common-sense approach to election rules.

In summary, California Assemblymember Vince Fong’s controversial move to run for both reelection to the Assembly and the congressional seat left vacant by former House Speaker Kevin McCarthy has raised concerns about the integrity of the electoral process. A recent court ruling allowed Fong to remain in both races, citing an outdated state law on candidates running for multiple offices. Efforts are now underway to update the law to clarify that candidates must run for only one office at a time. This case highlights the importance of preserving voter confidence and ensuring a fair and transparent election system.