Assemblyman Vince Fong, barred from running for Congress, sues the State of California

California Assemblyman Vince Fong, R-Bakersfield, is taking Secretary of State Shirley Weber to court, after Weber ruled that Fong is ineligible to run for Congress.

Weber said he couldn’t run for a House seat because he’d already filed to run for reelection to the Assembly.

Fong on Friday filed a lawsuit in Sacramento County Superior Court, arguing that the California Secretary of State’s role is to “receive and file” nomination documents, not to render judgments on who is, and is not, eligible to run.

“The Secretary’s attempted unilateral expansion of her powers must be rejected by this Court and Mr. Fong must be restored to the ballot for CD-20,” the lawsuit reads.

“Under the United States Constitution, deciding who runs and is elected to federal legislative office is a question only for the candidate, the voters, and the legislative body itself. The executive branch is a ministerial participant without any powers not expressly provided to it by the legislative branch,” it adds.

Fong announced his bid for Congress earlier this month, after former House Speaker Kevin McCarthy, R-Bakersfield, announced his intent to resign at the end of the year. McCarthy has endorsed Fong to succeed him in office. Fong has served as McCarthy’s district director.

California’s 20th district, which includes parts of Kern, Tulare, Kings and Fresno counties, is likely to remain in Republican hands, experts say.

However, Weber’s office noted Fong’s decision to file to run for Congress came after he already had filed to run for reelection to his Assembly district.

“State law prohibits any candidate from filing nomination papers for more than one office at the same election,” Weber’s office said in a statement.

Dec. 28 is the deadline for Weber to release the certified list of candidates for the March 5, 2024 primary.