A three judge appeals court in Sacramento has cleared the way for Bakersfield Assemblyman Vince Fong’s name to appear on the ballot for Congress. Fong says Secretary of State Shirley Weber’s decision to appeal a lower court ruling that upheld his bid was misguided, and a disservice to the voters.

Fong sued when Weber determined he was ineligible to run for the seat when Kevin McCarthy suddenly resigned, saying Fong was already on the ballot for reelection and could not run for two offices at the same time.