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.