Vince Fong faces legal challenge from MAGA opponent to prevent him from running for Congress

David Giglio, an “America First” and MAGA Republican, launched a legal challenge to prevent Republican Assemblyman Vince Fong from running to replace Rep. Kevin McCarthy (R-CA), citing a violation of California’s election codes.

“Former Speaker McCarthy and Mr. Fong’s misguided actions are yet another example of the corrupt Washington cartel acting outside the boundaries of the law,” Giglio said in a press statement.

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“A desperate and illegal plot such as this is further proof that the corrupt uniparty is threatened by our America First movement and campaign,” Giglio added. “They seek to eliminate any candidate by any means necessary, who will be a loyal ally to President Trump and fight alongside him to ensure that his entire Agenda 47 is implemented into law.”

Giglio announced his plans to sue to block Fong on Wednesday morning after the GOP assemblyman jumped into the state’s 20th Congressional District race this week and received an endorsement from McCarthy, who will retire at the end of the year.

Shortly after McCarthy announced he wouldn’t seek reelection in 2024, Fong was floated as a replacement, but the Republican assemblyman rejected the calls to run. Four days later, he changed course and announced he had decided to launch a bid.

However, Fong had already filed for reelection to the Assembly. Under California law, a candidate cannot appear on one ballot for two separate offices. California Election Code 8800 also says Fong cannot withdraw from running for reelection after the filing deadline, which was Friday, has passed. On Monday, Fong took out papers to file at Kern County’s elections office to run for Congress.

“If the California Secretary of State and Kern County Recorder are willing to disregard existing election laws due to what they are now claiming to be ‘unusual circumstances,’ we will take legal action against both parties to force them to adhere to the law,” Giglio’s campaign attorney John Pierce said in a press release. “No one is above the law, not the Secretary of State, the Kern County Recorder, Kevin McCarthy, or Assemblyman Fong.”

Giglio, who previously lost a congressional bid for the state’s 13th District in 2022, launched his challenge to McCarthy in October, prior to the former House speaker’s retirement announcement.

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Despite Giglio already being in the race, McCarthy backed Fong on Tuesday morning, a monumental first endorsement. Fong served as McCarthy’s district director for nearly a decade.

“There is no one that I trust more to continue the fight for common-sense and conservative values in Washington DC,” McCarthy said in his endorsement, included in a release from Fong’s campaign. “I am proud to endorse my friend Vince Fong for Congress.”