Vince Fong officially resigned from the state Assembly last Friday, which will leave the seat vacant until at least December.

Fong, R-Bakersfield, won a special election for Congressional District 20 on May 21, entitling him to finish the term through Jan. 3, 2025. He has not been sworn in. Congress is off this week, returning June 3.

“Together, we have fought for common sense policies to curb the high cost of living, rein in state spending to protect precious tax dollars and demand transparency from our state government. It is your voice that needs to continue to be heard to make California a better place to live and work,” Fong said in a news release, announcing his resignation.

State law normally allows the governor to call for a special election to fill a vacant Congressional, Assembly or state Senate seat. There is a caveat that because of deadlines, no election will take place.

“When a vacancy occurs in a legislative office after the close of the nomination period in the final year of the term of office, no special election shall be held,” Elections Code § 10701(b) says.

The nomination period closed Dec. 8, 2023. The new Assembly term starts Dec. 2.

That means the seat will remain vacant until December, but possibly longer. Fong’s office will still remain open to help with constituent services.

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November Could Lead to Vacancy Again

Fong’s name will appear on the Nov. 5 ballot for both the full-term Congressional seat, and also for Assembly. Normally, a candidate can only run for one office at a time, and California Secretary of State Shirley Weber attempted to keep Fong off the Congressional ballot.

A judge and subsequent appeal court ruled in Fong’s favor, causing a possibly one-time-only quirk. The Legislature is debating a change to the law to prevent a future double run.

Although Fong was the only name on the Assembly primary in March, Bakersfield City Councilmember Ken Weir qualified for November through the write-in process. Fong has endorsed Weir.

Fong defeated Tulare County Sheriff Mike Boudreaux, R-Springville, in the special election, 61% to 39%. The same two candidates will also appear on the November ballot. Fong and Weir will appear for Assembly District 32 voters.

If Fong wins both seats in November, he would have to chose again — likely Congress. That would require the governor to call another special election for the Assembly seat.

The potential earliest election date is Jan. 14, 2025 for a primary, followed by the special general election March 18, 2025 — provided Fong resigns and Gov. Gavin Newsom calls for the election the day after the November election. A candidate winning a majority in the primary would cancel the need for a general/runoff special election.

If Fong only wins one of the two elections, the point may be moot.