SACRAMENTO, Calif. — A Sacramento County Superior Court judge overturned a ruling Thursday, allowing Assembly Member Vince Fong to run for State Assembly and the congressional seat left open by Kevin McCarthy not running for reelection.
The ruling comes weeks after Fong filed nomination documents for both Assembly District 32 and California District 20. The original court ruling cited that "state law prohibits any candidate from filing nomination papers for more than one office at the same election."
Sacramento County Superior Court Judge Shelleyanne W.L. Chang says her interpretation of the law is supported by a 1982 case that allowed the petitioner to run for two positions at the same primary election.
"Although Respondent argues that the Court should read the language of 8003(b) 'or for more than one office at the same election' as applying to all candidates since it appears in the disjunctive, the Court declines to do so as said interpretation would read that phrase in isolation, in violation of the rules of statutory interpretation," said the ruling. "The court finds that section 8003 is inapplicable to Fong and cannot be used as a reason to preclude him from the Primary ballot for CD-20."
While he is now allowed to run for both positions, the court admits it is concerned about Fong winning both positions and potentially confusing voters or leaving one spot vacant despite the voters' choice during the election.
