David Giglio to launch suit to block Fong from McCarthy replacement election

The lone qualified GOP contender to replace ex-Speaker Kevin McCarthy is working to block Asm. Vince Fong from the 2024 ballot.

Valley congressional contender David Giglio announced Wednesday morning his intention to sue to block Asm. Vince Fong (R–Bakersfield) from qualifying to run for Congress on the March 5, 2024 ballot.

Fong previously qualified for re-election to the State Assembly last week. California’s election laws bar candidates from withdrawing after the close of filing and do not permit candidates to run for two public offices simultaneously.


Driving the news: Fong pulled papers at Kern County’s elections office to run for Congress on Monday, reversing his position to run for re-election for Assembly.

  • His campaign told Bakersfield TV station KGET that he has “qualified as a candidate for Congress.”
  • California’s Secretary of State on Tuesday night had few answers about how it will handle his filing, ” Because of the unusual circumstances, we are carefully reviewing the issue. We’ll provide clarifying information as soon as possible.”

What they’re saying: Giglio campaign attorney John Pierce announced the litigation in a statement

  • “California Election Code 8800 makes it crystal clear that Assemblyman Fong is not allowed to withdraw from running for reelection in the State Assembly after having filed and qualified by last Friday’s deadline. Furthermore, California Election Code 8003(b) and case law states that no candidate is allowed to run for two offices on the same ballot during the same election
  • If the California Secretary of State and Kern County Recorder are willing to disregard existing election laws due to what they are now claiming to be “unusual circumstances,” we will take legal action against both parties to force them to adhere to the law. No one is above the law, not the Secretary of State, the Kern County Recorder, Kevin McCarthy, or Assemblyman Fong.”
  • Giglio added his own commentary to the pending legal battle.
  • “Last week, Assemblyman Fong stated that after much prayer and deliberation, he had decided not to run for Congress to replace his former boss Kevin McCarthy, and would instead seek reelection to the State Assembly in District 32.
  • Now, after apparently deciding that the Lord gave him poor advice, Mr. Fong has had a change of heart and announced that he intends to run for Congress to replace Kevin McCarthy despite having filed and qualified for reelection to the State Assembly at the close of the legal nomination period on Friday, December 8, 2023.
  • While the Lord might forgive Mr. Fong for going back on his word, the laws of the State of California make it clear that what he is attempting to do is illegal under two sections of the state election code — EC 8800 which states ‘no candidate whose declaration of candidacy has been filed for any primary election may withdraw as a candidate at that primary election’ and EC 8003(b)  ‘no person may file nomination papers for a party nomination and an independent nomination for the same office, or for more than one office at the same election.'”
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