Secretary of State Weber abandons effort to bar Fong from congressional race

California Secretary of State Shirley Weber has dropped her case against Bakersfield Assemblyman Vince Fong, clearing the path for the congressional front-runner to enter the May and November elections unobstructed by legal headaches.

Weber filed an abandonment of appeal on Tuesday, meaning her office will not attempt to retry the matter before the California Supreme Court.

This was one of the few remaining options left, after her office, represented by the state attorney general, lost in state appeals court on April 9. Following the court’s decision, Weber had written in a statement the same day that her office was “carefully considering” all options.

In a statement late Thursday night, Weber's office pointed out that either court, despite their respective rulings, acknowledged "the potential for voter confusion, disenfranchisement, and anomalous results," in their interpretations of the Elections Code 8003. To remedy this gap in election law, which ultimately allowed someone to run for two elected offices, Weber decided it's better to support upcoming legislation than continue her fight in the courts.

"My office is supportive of a legislative solution that returns to normalcy," she wrote.

Three bills — Assembly Bills 1795, 2003, and 1784 — are currently entering through the state Legislature that could prevent this issue from arising in future contests.

The filing brings a terminus to the tit-for-tat between Weber and Fong, which began after the Bakersfield assemblyman filed to run for two elected offices last winter.

In a news release, Fong’s camp celebrated the decision, saying it comes after “two consecutive failed attempts to convince the courts to remove Fong from the ballot.”

“It bears repeating that the foundation of our democracy — the ability of the voters to choose — was preserved,” Fong’s statement said. “The voters throughout the 20th Congressional District had their votes upheld.”

This disptute began when Fong, months after declaring his candidacy for reelection to his state Assembly seat, reversed course and announced a bid for Congress. His decision to enter the race came days after former Rep. Kevin McCarthy said he would vacate his congressional seat at the end of December.

Fong has since been embroiled in a months-long legal battle with Weber, who found Fong’s dual candidacy to be unlawful.

With that battle now over, Fong expects to move ahead against his remaining challenger, Tulare County Sheriff Mike Boudreaux.

With more than 66,000 votes — 42% of the vote — earned in the March 5 primary, Fong finished as the front-runner for 20th District seat. He also won practically 100% of the vote in the Assembly race, since his only competitors were write-in candidates.

He will first face Boudreaux in the special election on May 21, to serve the remainder of McCarthy’s term. Regardless of that outcome, he and Boudreaux will compete again in the November general election for the full term.

“We have just a few more weeks before the special election and clearly the momentum of our campaign continues to build,” Fong wrote. “I look forward to connecting with voters in this final stretch as we work to ensure that our region has the most experienced and effective voice in Congress.”