Fong in the clear, Weber will not appeal elections case to state Supreme Court

Fong successfully sued his way back on the ballot late last year and defended an attempt from the state to remove him last month.

California Secretary of State Shirley Weber has given up the fight to bar Asm. Vince Fong (R–Bakersfield) from running for Congress. 

Weber’s decision comes after an appellate court ruled against the state in its efforts to remove Fong from contention to replace former Speaker Kevin McCarthy in Congressional District 20. 


The backstory: After initially filing to run for reelection to the Assembly, Fong shifted course and launched his campaign for Congress late last year. 

  • Weber removed Fong from the list of certified candidates for Congress in December, and Fong responded with a lawsuit against the state. 
  • On Dec. 28 of last year a Sacramento County Superior Court Judge ruled in favor of Fong, ordering Weber to put his name back on the ballot. 
  • Weber appealed the decision but was shot down by the Third District Court of Appeal last month. 

The big picture: Weber filed an abandonment of appeal on April 30 in her case against Fong, meaning the state will not try its hand at the California Supreme Court. 

  • Fong is now fully in the clear to continue running his campaign for Congress with no worry of being taken off the ballot. 
  • He will face Tulare County Sheriff Mike Boudreaux in the special election to serve the remainder of McCarthy’s term on May 21. Fong and Boudreaux will also see each other in the general election in November. 

What they’re saying: “It bears repeating that the foundation of our democracy – the ability of the voters to choose – was preserved,” Fong said. “The voters throughout the 20th Congressional District had their votes upheld.” 

  • Fong continued, “I am so grateful for the outpouring of support I received from across our local communities throughout this princess. We have just a few more weeks before the special election and clearly the momentum of our campaign continues to build. I look forward to connecting with voters in this final stretch as we work to ensure that our region has the most experienced and effective voice in Congress.” 
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