California Legislator Files State Court Lawsuit to Get on Primary Ballot for U.S. House

On December 22, California Assemblymember Vince Fong filed a lawsuit in Sacramento County Superior Court, seeking to win a ruling that he may be on the March 2024 Republican ballot as a candidate for U.S. House, 20th district. The Secretary of State ruled that he could not be on the ballot, even though he had the needed 40 valid signatures, because he had earlier filed to run for re-election for Assembly. When he did that, he did not know that incumbent U.S. House member Kevin McCarthy would not be running. See this story. The Secretary of State ruled that no one may file for two offices in the same election. Fong can’t withdraw from the Assembly race because California does not permit any candidate to withdraw. California is the only state that forbids withdrawal.

The case is Fong v Weber, 23WM-000137. It has a hearing on December 28 at 1:30 p.m. Here is the opening brief.


Comments

California Legislator Files State Court Lawsuit to Get on Primary Ballot for U.S. House — 10 Comments

  1. This is interesting. The law makes easier an incumbent’s effort to weaponize that incumbent’s own retirement.

  2. @everett Exactly! Running for public office is the ultimate expression of protected free speech and to petition the Government for a redress of grievances. That’s terrible.

  3. https://www.yahoo.com/news/rfk-jr-super-pac-rolls-224655947.html

    RFK Jr. super PAC rolls out ballot access priorities
    Brittany Gibson
    Fri, December 22, 2023 at 5:46 PM EST

    The super PAC supporting Robert F. Kennedy Jr.’s presidential bid is narrowing its ballot access campaign focus to seven states — including crucial battlegrounds that will determine the outcome of the presidential election.

    American Values 2024 will now prioritize helping to get Kennedy on the ballot in Arizona, California, Georgia, Illinois, Michigan, New York and Texas, according to plans first shared with POLITICO.
    —-
    COUNTER-ATTACKS BY DD/RR GERRYMANDER GANGS IN THE 7 STATES ???

  4. Commie-fascist sinister leftards only believe in free speech and other civil rights and liberties so long as they’re not in power. Once they gain control, you have no rights, not even the right to remain silent.

  5. INTENTIONAL RIGGING OF QUIT DATE BY MCCARTHY ???

    ONE MORE REASON FOR LEGIS CAND REPLACEMENT LISTS.

  6. I agree with Pig Farmer and Hilton Head, which I understood to be replying to Hector Roos.

  7. As far as I can tell, Secretary of State Weber is interpreting existing law correctly. It might well be that candidates should be able to withdraw — especially before the end of the filing period — but that’s not what the law currently says. I think the prohibition on running for two offices in the same election is perfectly reasonable.

    One minor correction: the March 5 election is not a Republican primary. It is the first round of a top two election.

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