Bakersfield Republican Assemblymember Vince Fong can enter a Central Valley congressional race to replace former House Speaker Kevin McCarthy (R-Bakersfield), a Sacramento County judge ruled Thursday.

Judge Shelleyanne W.L. Chang’s decision overrules Secretary of State Shirley N. Weber, who in mid-December denied Fong’s bid to appear in the March 5 primary. Fong

had

sued Weber shortly after her office’s ruling.

“Today’s ruling is a victory for the voters of the 20th Congressional District, who will now have the opportunity to select the candidate of their choice in the March 5 elections,” Fong said in a statement.

Weber’s office had said Fong could not run for two offices at the same time. Before running for McCarthy’s district, Fong had filed paperwork for his re-election bid for his current Assembly seat.

In her ruling, Chang wrote that allowing Fong to run for both offices is “somewhat contrary to common sense” and could also confuse voters.

State law says no one can run for “more than one office in the same election,” but Chang said that does not disqualify Fong.

Fong argued that the law has not applied since 2010, when California voters changed the state’s primary system and eliminated party nominations for a setup that allowed the top two vote-getters to advance to the general election regardless of party affiliation.

Chang agreed with Fong, saying state law only applies to someone going through California’s old primary system of party nominations.

Chang’s statement is understandable, said Jessica Levinson, an election law professor at Loyola Law School. Given the way state law is written and not updated, she said, the judge may have been left “without any choice.”

“Judges generally prefer the route that allows a candidate to remain on the ballot,” Levinson said, noting criticism that kicking someone out could disrupt the democratic process.

Chang’s statement marks a new twist in the election to replace McCarthy, who will leave Congress in December. 31, months after he was removed as Speaker of the House of Representatives. Gov. Gavin Newsom will call a separate special election to temporarily fill the 20th District seat after McCarthy’s official resignation until January 2025.

Fong, the former McCarthy staffer, is considered the front-runner in the race. Fong quickly secured McCarthy’s endorsement after entering the race.

Other candidates include Tulare County Sheriff Mike Boudreaux; David Giglio, a self-proclaimed America First candidate who has been critical of McCarthy; Matt Stoll, a former fighter pilot who operates a landscaping business and has run for Congress twice before; and Kyle Kirkland, the owner of Fresno’s only card room.

The most prominent Democrat in the race is Bakersfield teacher Marisa Wood, who raised more than $1 million in her unsuccessful run against McCarthy in 2022.

California Republican Party Chairwoman Jessica Millan Patterson said in a statement that the ruling “puts an end to Democrats’ political games.”

“Sacramento’s Democratic machine attempted to insert itself into a district that heavily favored Republicans,” she said in the statement.

Assemblywoman Wendy Carrillo (D-Los Angeles) in a statement called the ruling “a gross interpretation of the law,” and said her office plans to introduce a bill “that will clean up this mess.”

“The stakes are too high and there is no time for GOP scandals,” she said in the statement.

Weber’s office did not immediately respond to a request for comment on whether it plans to appeal the ruling.

Times staff reporter Laura J. Nelson contributed to this report.