Weber files notice of appeal to remove Fong from ballot

This is the first step in the appeal process to reverse the judge’s ruling which allowed Fong to run for Congress.

California Secretary of State Shirley Weber has appealed the ruling that allowed Asm. Vince Fong (R–Bakersfield) to appear on the ballot for the 20th Congressional District. 

Weber filed a notice of appeal in court on Monday, kicking off the appeal process. 


The backstory: When Fong filed to run for Congress after Speaker Emeritus Kevin McCarthy announced his retirement, Weber quickly ruled that Fong was ineligible to run because he had already qualified to run for re-election in Assembly District 32. 

  • Fong filed a lawsuit in Sacramento County Superior Court challenging Weber’s decision, and on Dec. 28 Judge Shelleyanne Chang ruled that Fong is eligible for the race. 

The big picture: Weber filed the notice of appeal through Attorney General Rob Bonta’s office, as of publication, there are not any briefs filed by Weber in the Third District Court of Appeal. 

  • Weber will eventually file a brief arguing why Chang’s ruling was incorrect. 
  • Fong will respond with his own brief, and Bonta – as he did before – will likely file a brief in support of Weber as well. 
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