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Fong’s big break

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Apr 09, 2024 View in browser
 
POLITICO California Playbook PM

By Jeremy B. White

FONG FIGHTS ON: Assemblymember Vince Fong just got court clearance to continue doing something no other Californian has done: run for two different legislative offices simultaneously.

Other lawmakers want to make sure there’s not a second time.

The Bakersfield Republican got the green light earlier today from an appeals court to stay in the race for the House seat once held by ex-Speaker Kevin McCarthy even as he seeks another term for his current Assembly seat.

Judges faced a stark choice: block Fong and therefore derail the 2024 process after a lower court let Fong run and he placed first in the primary, or let Fong remain in both races and thereby open the door to potential chaos in the future.

Vince Fong speaks into microphone in Bakersfield, California.

Vince Fong addresses supporters on March 9, 2024 in Bakersfield, California. | John Donegan/The Bakersfield Californian via AP


Secretary of State Shirley Weber argued Fong’s double-dipping would sow confusion and create a precedent for election melees in which a future California candidate could run for everything, everywhere, all at once. Judge Laurie Earl noted the voters had already spoken, and she wrote there’s a simple way to prevent the “anomalous results” Weber conjured.

“If the Legislature wants to prohibit candidates from running for more than one office at the same election,” Earl wrote, “it is free to do so.” Weber meanwhile said in a statement blasting the ruling that the court had shown "the need for legislative attention."

A bill set to get its first hearing tomorrow could offer precisely that.

Assembly Elections Committee Chair Gail Pellerin’s measure would mostly prohibit running for multiple offices in the same primary and give declared candidates more time to withdraw — like if, say, one wanted to run for Congress but had already filed for Assembly. The bill analysis extensively cites Fong’s odyssey. “The law was ambiguous,” Pellerin said, “so we said: let's make it clear, let’s correct it for the future.”

One aspect of the future that remains hazy: the fate of Fong’s Assembly seat. Weber’s office did not respond to a query today about what happens if Fong wins both contests. While Fong had the Assembly ballot to himself, Republican Bakersfield Councilmember Ken Weir won more than 12,000 write-in votes with Fong’s blessing.

IT’S TUESDAY AFTERNOON. This is California Playbook PM, a POLITICO newsletter that serves as an afternoon temperature check on California politics and a look at what our policy reporters are watching. Got tips or suggestions? Shoot an email to jwhite@politico.com or send a shout on X. DMs are open.

 

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WHAT YOU NEED TO KNOW TODAY


JOB REC: Rep. Barbara Lee’s nearly three-decade career in Congress will soon be coming to an end, but at least one powerful friend would like to see her stick around Washington a bit longer.

Los Angeles Mayor Karen Bass is floating Lee’s name for a Biden Cabinet post, saying the Oakland congressmember would be well-suited to lead the Department of Housing and Urban Development.

“She has a long history of working for and with marginalized communities,” Bass told Playbook today, citing their work together in Congress to provide eviction protections during the height of the Covid pandemic and preventing homelessness among foster youth.

Rep. Barbara Lee (D-Calif.) speaks with colleagues outside the U.S. Capitol.

Rep. Barbara Lee (D-Calif.) speaks with colleagues outside the U.S. Capitol on May 23, 2023. | Francis Chung/POLITICO


The department is currently headed by acting Secretary Adrianne Todman after Marcia Fudge, who had served in the role since 2021, stepped down last month.

Bass, who endorsed Lee’s unsuccessful Senate run, said she has mentioned the idea to Lee and hopes pitching her publicly will serve as a “rallying cry.” She said she has not yet spoken to the White House about the suggestion.

Biden and Bass have a good relationship; she was on his list of potential vice presidential picks and he backed her 2022 mayoral run. But in Biden world, these types of public endorsements for administration posts haven’t typically gone far. An administration official told NBC News that no decision about the post has been made.

A spokesperson for Lee declined to comment.

“Rep. Lee is a fighter. She has moved on” from the Senate race, in which she finished in fourth, Bass said. “She’s ready for the next chapter in her life. I think the Biden-Harris administration is the perfect place.”

Bass was agnostic on timing. She sounded eager for her friend to fill the role even before the end of her congressional term in January, but also said Lee could serve under Biden if he wins a second term, acknowledging that Democrats may not want to leave any vacancies, given the GOP’s narrow margin in the House. — Melanie Mason

ON THE BEATS


FAFSA FIX: California now has a workaround for students who have been hardest hit by the problem-riddled rollout of what was supposed to be a simplified federal financial aid form.

The California Student Aid Commission announced today that students from families of mixed immigration status will this year be able to fill out a state aid application, the California Dream Act Application, instead of the Free Application for Federal Student Aid.

The change promises to help such students — who are citizens but have at least one parent who is not — who’ve been unable to fill out the FAFSA form until recently due to technical glitches. Despite a federal fix, some of these students report that they still can’t complete the revised FAFSA due to a flawed identity verification process.

The change was welcomed by the legislators and college affordability advocates who pushed for it. But it will not solve all of the side effects of an alarming drop-off in financial aid applications in California.

Without filling out the FAFSA, students can only secure California-funded scholarships like the Cal Grant and Middle Class scholarship and institution-specific aid. To access federal aid like Pell Grants, students need to complete the FAFSA. The U.S. Department of Education is still working through processing delays and other problems with the federal form. — Blake Jones

SPENDING PROBLEM: California did not sufficiently track outcomes of nearly $24 billion spent on homelessness in the last five fiscal years, according to the state auditor.

The critical report released today comes just after a narrow victory for Gavin Newsom’s Proposition 1 last month approved more than $6 billion in bonds for additional spending on homelessness — raising questions about the governor’s effectiveness in an area on which he has heavily campaigned.

The auditor’s report questioned whether the billions of dollars being spent by the state to combat the homelessness crisis has paid off and whether the council designed to monitor these programs is properly monitoring the impacts of spending.

In a letter to Newsom, the state auditor noted that the governor’s project Homekey and the CalWORKS housing support program appeared to be cost effective, but other programs couldn’t be evaluated due to a lack of tracking. — Sarah Grace Taylor

 

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WHAT WE'RE READING TODAY


TOO RISKY: Sonoma County, Contra Costa County and the Santa Cruz Mountains will take the biggest hit as State Farm, California’s largest home insurer, drops 30,000 policies. (San Francisco Chronicle)

GREEN LIGHT: An appellate court ruled today that California can continue to set its own stricter vehicle emissions standards. (Associated Press)

AROUND THE STATE


SOCAL: More than 100 on-time mail-in ballots went uncounted in Orange, Riverside and San Bernardino counties during the March primary. (Orange County Register)

REDDING: A planned election recount in Shasta County was canceled by election officials after a county supervisor candidate failed to pay. (Record Searchlight)

 

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