Candidate chaos: Could Asm. Vince Fong set a precedent for how many times a candidate can appear on a ballot?

BAKERSFIELD, Calif. (KGET) — The March 5 primary election is still a little over a month away, yet some are already calling this year’s cycle “candidate chaos.”

The chaos describes a case of candidates attempting to run for multiple offices in the same election cycle, something California’s Secretary of State has maintained is not allowed under state law.

The big debate: Is one candidate to blame for, perhaps, setting that precedent?

“That decision was inspired by Vince Fong himself, who seems to be able to run for multiple offices,” said Ben Dewell, a candidate for the 20th Congressional District. “So, I thought, why not flip the script?”

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That decision, Dewell said, is his potentially running for multiple offices during the same election cycle.

Dewell is already running for both the full and partial term races for the 20th Congressional District, formerly held by Bakersfield’s Kevin McCarthy.

He is considering also running as a write-in candidate for the 32nd Assembly District, currently represented by Bakersfield Assemblymember Vince Fong.

Dewell explained by running for more than one office, he wants to make a point to Fong.

“I think this has brought everything up to a boil, and that’s the way it should be,” the candidate said. “Because one person, in his zeal, greed to become 20th Congressional District representative has made this the coin of the realm. So, we can only play in that same field. And so, I don’t blame anyone for getting on the bandwagon here, as I am doing or may be doing.”

Dewell is referring to the ongoing lawsuit between Secretary of State Shirley Weber and Vince Fong on whether he can run for the 20th Congressional District after already declaring for re-election to the state assembly.

A judge ruled in favor of Fong, but that decision was appealed.

This legal tug-of-war is at the center of the debate on what type of precedent may be set.

17’s Jenny Huh: “But does this lawsuit, this lawsuit potentially present a risk of candidates interpreting the situation as a free for all? As an I’m going to cast my safety net? Is that potential interpretation there?”

Chris Micheli, Adjunct Professor at the McGeorge School of Law: “Sure there is the potential… I don’t think that that dispute should be interpreted as an open invitation to truly flout the law. And if you will run for multiple seats, just to say, because you’re doing it, I can do it, too. I don’t think that’s the right answer.”

But Ben Dewell stated it’s already happening: “That’s the precedent right now, unless the Secretary of State wins in court, that will be the precedent.”

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Dewell added Fong’s double appearance on the ballot “seems a little much, a little greedy” and that any candidate’s running for multiple offices at once signifies a lack of commitment to any one district.

The Fong campaign did not respond to a statement request on Dewell’s allegations, but the team’s messaging has been consistent throughout the lawsuit — he is only actively running for Congress, and he trusts there will be a process to find his replacement in the Assembly.

David Fluhart is another candidate considering multiple offices.

According to Kern Elections, Fluhart is running in the 1st Supervisor District race, the CD-20 special election and has pulled paperwork to be a write-in candidate for AD-32.

T.J. Esposito, another CD-20 candidate, has told 17 News he is considering a write-in campaign for AD-32.

In a statement to 17 News, Secretary of State Shirley Weber stated as follows:

“If these reports are true, the concerns we articulated in court last month are exactly why we are appealing the superior court’s ruling in Fong v. Weber. Candidates running for multiple offices and then holding on to them or resigning from them will disenfranchise voters, lead to voter confusion, and unnecessarily create discord for our elections.“

In a further discussion of California election law, Professor Micheli explained the next steps rely heavily on the California Legislature and amending the state elections code as needed.

Modifications, he said, may include solidification of what authority the Secretary of State has over elections (i.e. was her initial decision to bar Fong from running for Congress within her rights?).

He added: “And almost as importantly, that candidates are very clear in what they may or may not do when they file to run for office in this state.”

Running for multiple offices for the sake of casting safety nets, he said, is “an abuse of the of the system, and hopefully, the law would be made clear that that can’t occur.”

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