Court to decide if Vince Fong can stay on ballot for congressional race

TULARE COUNTY, Calif. (KFSN) -- The bid from Assemblymember Vince Fong continues to generate a lot of legal questions.

During the March Primary election, Fong was on the ballot twice: seeking re-election to State Assembly District 32 and running for Congressional District 20.

The Secretary of State's Office wants Fong removed from the November general election for Congressional District 20.

However, Fong's office says they don't have the power to do so.

Fong and the Secretary of State face each other for in a Sacramento court on Thursday.

That hearing went into recess this afternoon after arguments wrapped.

Political analyst Henry Perea says having one candidate running for two offices is something never seen before.

"It's never happened, which is why there are so many people watching this. What I think is going to happen is that the appellate court is going to rule to overturn the lower court ruling. If they do, that means his name will not be on the November ballot for the full term of Congress but, of course, will remain on the ballot for state assemblyman; he will continue to run for that seat," Perrea said.

Henry says candidates will move up if Fong is taken off the ballot.

Second-place finisher Tulare County Sheriff Mike Boudreaux, a Republican, will remain on the ballot.

Third-place finisher Marisa Wood, a local teacher and Democrat, will take the second spot on the ballot.

As for Fong's votes, Henry says those won't be counted.

If elected, Vince Fong would hold the seat until January.

"They don't get lost, but officially, they are not counted, and I think that's going to leave a bitter taste in a lot of people's mouths because for them, that was their choice. But the one thing about our legal system is that, in many ways, it's blind, and it should be blind. They should just rule on the facts, and I think in this case, the facts are going to show that he should not have been on the ballots in the first place," explained Henry.

Fong was unavailable for comment, but in previous interviews, he has said he believes he should remain on the ballot for Congressional District 20 and that the people should be allowed to vote.

Political analyst Connie Conway adds that complicating the case is the scope of the congressional district.

"The ramifications go further than just the Secretary of State's office, and of course, the court system. You have registrar voters in this Congressional district that covers four different counties," added Conway.

However, Perea warns that if Fong is allowed to stay on the ballot, it could lead to more complicated situations in the future.

"That would create chaos. I think people need to decide what they will run for, stick to it, and go from there. So, a big decision tomorrow," Perea said.

Further complicating matters, there's also a special election for Congressional District 20.

No matter the judge's decision, Fong can still run for that seat in May and hold it until January.

"The common theory is that that that court would not accept it. They would just say, You know you have to live with whatever the ruling is," said Conway.

Conway says she's spoken with lawmakers in Sacramento who are already working on bills to avoid this situation in the future.

Fong will remain on the ballot for the special election in May to fill Kevin McCarthy's open seat that has been empty since December.

If elected, he would hold the seat until January.

For news updates, follow Kassandra Gutierrez on Facebook, Twitter and Instagram.

For news updates, follow Kate Nemarich on Facebook, Twitter and Instagram.