That has pushed Fong into uncertain legal territory. The California secretary of state’s office said in a statement that “no withdrawal is allowed” and candidates cannot run for two seats at once but subsequently appeared to soften that stance, telling a reporter that the “unusual circumstances” merited closer review.
Giglio’s lawsuit similarly contends that Fong is barred from running for Congress. The candidate slammed McCarthy’s bid to elevate his successor in language that echoed conservative Republicans who pushed him out of the speakership.
Giglio, a Donald Trump-aligned conservative who was already challenging McCarthy from the right before his retirement, framed Fong’s run as an attempt by “McCarthy, spineless RINOs, and special interest groups” to “steal another deep red seat from President Trump and MAGA.”
“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 statement.
Representatives for Fong’s campaign and for the secretary of state’s office did not immediately respond to requests for comment.
This story originally Appeared on Politico