Republican Vince Fong from San Joaquin Valley found himself unexpectedly on the ballot for an Assembly seat this fall, despite not wanting to retain the position. Earlier this year, he had transitioned to Congress and made his intentions clear to remain there. Even endorsing a Bakersfield city council member running against him, Fong was still selected by voters for the Assembly. The electoral results showed an overwhelming preference for Fong, giving him more than 33,000 votes more than fellow Republican Ken Weir for the Assembly seat.
As a result of Fong’s “victory,” Kern and Tulare County taxpayers in the 32nd Assembly District will be responsible for spending hundreds of thousands of dollars on a special election to fill a seat that Fong himself does not wish to occupy any longer. Fortunately, a new piece of legislation recently enacted in California aims to prevent any future electoral confusion when candidates appear on the same ballot for two different positions.
Governor Gavin Newsom signed Assembly Bill 1748 in September, which directly addresses this issue by forbidding individuals from running for multiple seats simultaneously on the same ballot. The need for this law became apparent when judges instructed California election officials that Fong had to remain on both ballots, notwithstanding the muddle caused by his dual candidacy.
The situation started last winter following the resignation of Republican U.S. Representative Kevin McCarthy from Bakersfield, who had stepped down after a contentious internal party dispute. Fong, having served as McCarthy’s district director, announced his campaign for McCarthy’s congressional seat with his mentor’s endorsement. However, at that time, Fong had already declared his Assembly candidacy.
California Secretary of State Shirley Weber contended that the state election code traditionally prohibited candidates from campaigning for multiple offices at once. She took steps to prevent Fong from appearing on the congressional ballot. However, Fong successfully challenged this decision in court. Despite Judge Shelleyanne Chang’s acknowledgment that this could lead to voter confusion and the possible disenfranchisement of voters, she concluded that the law had to be interpreted as written by the Legislature.
Weber’s appeal was subsequently upheld by the 3rd District Court of Appeal, which noted that it was within the Legislature’s power to modify the law and prevent such scenarios in the future. Condemning the court’s ruling, Weber expressed concern that it would foster chaos and complicate the electoral landscape for candidates.
In light of these developments, Assemblymember Gail Pellerin, along with her colleagues, introduced AB 1748 to clarify the rules surrounding candidacy for simultaneous elections. The law explicitly prohibits individuals from seeking multiple offices, and also lays out a process for candidates to withdraw from one race in favor of another. Pellerin emphasized that the legislative intent was to avoid confusion and ensure clarity moving forward.
Despite the legal turmoil, Fong remained on the March primary ballot for his Assembly seat, urging voters to support Weir who had collected enough votes to progress to the November general election. Fong eventually won a special election to conclude McCarthy’s term, which will end in January, but he had to run again in November for a full two-year congressional term.
Once again, Fong recommended voters select Weir. He remarked during a recent TV interview that he did not foresee an abundance of chaos stemming from this situation, stating clearly, “The message is clear: Vince Fong for Congress, Ken Weir for the Assembly.” Despite this, it appears the message did not resonate strongly enough within Assembly District 32, as evidenced by the results.
Former Democratic Assemblymember Mike Gatto commented on the situation, reflecting on how voters often overlook down-ballot races, which can lead to such confusion. He suggested that political figures often underestimate their importance in the minds of average voters.
With Newsom’s obligation to call a special election for Fong’s Assembly seat, this process could begin as soon as March. Pellerin noted that hosting a special election typically incurs costs ranging from $4 to $8 per registered voter, potentially totaling at least $1.2 million based on the approximately 305,000 voters in Fong’s district. Election officials in Kern County, covering a significant portion of the district, have yet to provide a cost estimate for this upcoming election.