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Fong's 20th District Congressional filing declared improper by SOS

VinceFong
Vince Fong, Assemblyman District 34, Bakersfield (FILE)
Posted at 5:21 PM, Dec 15, 2023
and last updated 2023-12-15 20:21:03-05

BAKERSFIELD, Calif. (KERO) — The California Secretary of State's Office declared Assemblymember Vince Fong's filing for the 20th District Congressional race improper on Friday.

SOS will not be adding Fong to the certified candidates list on December 28, according to a release from the office.

The release referred to state law election code "Division 8, Part 4. Withdrawal of Candidates: Vacancies."

The release states:

"Under state law [r20.rs6.net], a candidate who has filed their declaration of candidacy is not permitted to withdraw as a candidate at that primary election. Mr. Fong filed his completed nomination documents for Assembly District 32 prior to the close of the December 8, 2023 filing deadline. Mr. Fong then submitted completed nomination documents for Congressional District 20 during the 5-day extension period triggered by the incumbent’s decision not to seek re-election. State law prohibits any candidate from filing nomination papers for more than one office at the same election."

Vince Fong's campaign responded shortly after stating in a press release:

“Today’s decision by the Secretary of State to unilaterally disqualify a county-qualified candidate for Congress is an unprecedented interference in the candidate filing process. County elections offices have full jurisdiction to qualify candidates for the ballot. The Secretary of State simply has a ministerial duty to certify the candidate lists and include ALL qualified candidates. Assemblyman Fong has qualified for the ballot and the voters of the 20th Congressional District deserve the opportunity to select the candidate of their choice. The Elections Code provides a five-day filing extension to ensure all prospective candidates may file for an office should the incumbent choose not to run, as is the case in this election. We fully intend to litigate this decision and will be filing a challenge in Superior Court imminently.”

23ABC has reached out to the Kern County Elections Office for comment on the matter but has not heard back at this time.