The California Secretary of State’s office on Friday deemed Assemblyman lVince Fong, a Bakersfield Republican, ineligible to run to replace recently retired Rep. Kevin McCarthy, R-Calif.
Fong was McCarthy’s pick for the job.
Fong, who once served as McCarthy’s district director, filed to run for the seat on Monday, immediately triggering questions about his eligibility, Politico reported.
Fong had initially said he wouldn’t launch a congressional bid, opting for another run for state Assembly. But he then changed his mind after state Sen. Shannon Grove decided not to enter the congressional race.
Despite missing last week’s deadline to withdraw from the state Assembly race, Fong nevertheless filed papers to run for Congress with Kern County election officials — and received an endorsement from McCarthy.
As a result, GOP conservative David Giglio, who is also running for the congressional seat, threatened to sue if Fong remained on the ballot.
The office of Secretary of State’s Shirley Weber later confirmed that Fong is barred under California law from entering the congressional race because he had already filed to run for state Assembly and candidates cannot run for two positions simultaneously.
“The Secretary of State’s office has determined that Mr. Fong’s filed nomination papers for Congressional District 20 were improperly submitted,” it said in a statement.
“Mr. Fong will not appear on the list of certified candidates for Congressional District 20 that our office will transmit to county election officials on candidates on December 28,” it announced.
Fong, however, has vowed not to back off his congressional bid, and has threatened to sue in order to stay on the ballot.
“Voters in the 20th Congressional District have a right to choose the candidate of their choice to represent them in Congress,” Fong said in a statement, according to Politico.
“I will fight the Secretary of State’s misguided decision and do whatever it takes to give voters in our community a real choice in this election because the voters choose our elected officials, not Sacramento,” he emphasized/
McCarthy, the speaker emeritus who announced his early retirement last month, bid farewell to Congress on Thursday, delivering remarks on the House floor.
“If there’s advice I can give, do not be fearful if you believe your philosophy brings people more freedom,” McCarthy said. “Do not be fearful that you could lose your job over it.”
