Congratulation to Congressman-elect Vince Fong, who appears to be well on the way to setting a new state record for victories in a single election cycle.
We hope it is a record that will never be broken.
Despite the efforts of Secretary of State Shirley Weber to prevent it, Fong’s name was on the ballot for two different offices in the March 5 primary. He had already filed nomination papers to run for re-election to the state Assembly when ousted House Speaker Kevin McCarthy decided not to run for re-election. That created a five-day extension of the filing period for the congressional seat.
After state Senator Shannon Grove declined to run for McCarthy’s seat, Fong scrambled to file papers to run for the seat himself. That put him on the ballot for two offices in the same election.
When McCarthy resigned from Congress at the end of the year, voters in the Central Valley district that spans parts of Fresno, Kern, Kings and Tulare counties had two elections in front of them: the election for the regular term in the 20th Congressional District and the election for the unexpired term abandoned by McCarthy. Fong ran for both, as well as for the Assembly seat, where no one had filed to run against him.
On March 5, Fong finished first in the congressional primary with 41.9% of the vote in a crowded field, and he won the Assembly race, in which he was unopposed on the ballot.
Then on March 19, Fong finished first in the special primary election for the McCarthy’s unexpired term with 42.3% of the vote.
Then on Tuesday, Fong won the run-off election to complete the unexpired term, defeating Tulare County Sheriff Mike Boudreaux.
In between, Fong won his lawsuit to stay on the ballot for both offices, first with a decision in the Sacramento Superior Court and then in the appeals court.
So much winning.
The problem is that this is a disastrous precedent for future elections.
As Weber noted in her appellate brief, “The trial court expressed concern about its ruling, noting that it ‘somewhat defie[d] common sense’ and ‘may result in voter confusion and the disenfranchisement of voters,’ but nevertheless thought the relevant statute commanded the result.”
That’s an artful way of saying there would be absolute chaos in every California election if candidates could run for multiple offices and then choose the one they’d actually like to hold, but the legislature needs to change the law to prevent it.
Assembly Bill 1784 would prohibit a person from running for more than one office in a primary election. However, it would also create something new: a process for a candidate to withdraw from the race after filing nomination papers, but before the filing period closes.
Current law requires candidates who file nomination papers to commit to run.
The “top two” primary created by Proposition 14 in 2010 has already opened many opportunities for mischief and manipulation. Well-funded candidates often spend money to promote the name recognition of their preferred (and perceived weakest) opponent. Allowing candidates to duck in and out of races during the filing period will only increase the gamesmanship.
That is a disservice to voters, because strong candidates could dive into a race, bluff good candidates out of running, and then withdraw at the last minute. Voters deserve better. Politics may be a game to some, but government is serious business.
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