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San José Council to Fill Vacancies With Appointments, Not Special Elections

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San José Mayor-Elect Matt Mahan speaks at a rally outside San José City Hall in support of special elections to fill upcoming council vacancies in District 8 and District 10, on Dec. 5, 2022. (Guy Marzorati/KQED)

Two upcoming vacancies on the San José City Council will be filled by appointments, not special elections, after the council ended a marathon meeting Monday night by voting to pick replacements for openings in District 8 and District 10.

The decision was an early political setback for Mayor-Elect Matt Mahan, who spent weeks championing special elections as the fairest way to fill his current South San José seat, and another on the city’s east side. But in a special meeting that stretched until nearly midnight, a majority of council members bucked recent history by opting against elections, saying they would bring high costs and low voter turnout.

“I am concerned with the cost and it’s because we’re likely entering a belt-tightening time in the city,” said Councilmember Dev Davis, who said even the lowest estimate of the election’s cost could pay for a new traffic signal in her district. “We don’t have the luxury to say that cost doesn’t matter.”

The two vacancies were created by Mahan’s victory in the mayoral election, and Councilmember Sylvia Arenas’ election to the Santa Clara County Board of Supervisors. Now, the council will fill the two vacancies in January, when four new council members will take office. The appointed members will serve until voters elect a council member for a full term, either in March or November of 2024.

Councilmembers Davis, Arenas, Sergio Jimenez, Raul Peralez, David Cohen, Magdalena Carrasco and Maya Esparza voted for the two-year appointments. Mayor Sam Liccardo and council members Chappie Jones, Pam Foley and Mahan opposed.

Supporters of the appointment process worried special elections would create a continuous campaign cycle that would bleed right into the March 2024 primary.

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“There’s a lot of work to do,” said Jimenez. “And rather than be mired in the issues of the election and the politics of all this, I’m interested in moving on.”

Nine members of the current council opposed Mahan in his run for mayor this year. The vacancy elections could have offered an opportunity for the incoming mayor to widen his base of support within San José’s weak mayor system, in which the mayor is just one of 11 votes on the council.

Critics of the council's move labeled it a "power grab" designed to prevent more moderate, Mahan-aligned candidates from prevailing in often overlooked special elections.

Of particular concern for progressives was the District 8 seat, which includes Evergreen and parts of East San José. While Arenas has been aligned with labor during her time on the council, Evergreen voters backed Mahan in the mayoral election.

In recent days, Mahan led a pair of rallies outside City Hall with residents organized under the banner “Let Me Vote SJ."

"I was blown away by the level of community engagement," Mahan told KQED after the vote. "Hundreds of people came out and advocated for what I think they believe, and I firmly believe, is a core principle in our country, which is that we select our representatives through open and competitive elections and there has to be a really good reason for not doing that. I did not hear a compelling reason so I'm pretty disappointed with the outcome of the vote."

Hundreds of residents weighed in at the Monday evening meeting and on Zoom, the vast majority of whom implored the council to call the special elections.

“It would be another two years before another election occurs. We can’t wait until another election,” said Ha Tran, who identified herself as a 42-year San José resident. “It’s worth it to spend the money because a bad City Council for two long years can be costly and [have] harmful outcomes.”

Sarah Weng, who told the council she emigrated to San José from China decades ago, said, “Democracy is priceless to me.”

“Don’t tell me because elections cost money that we should not have elections,” she added.

The combined cost of special elections could have ranged from $3.8 million to $11.4 million, according to the Santa Clara County Registrar of Voters. The price tag would have depended on factors including whether the two elections required a runoff to decide the winner.

Councilmember Peralez said the biggest factor in his support for appointments was that special elections would produce winners picked by only a small portion of eligible voters.

“When you have these special one-off elections, turnout is pitiful,” Peralez said. “It’s incredibly low.”

Many of those who did speak in favor of appointments, like Alice Saelee, a member of the Carpenters Local 405 union, were showered with a chorus of boos as they left the public comment lectern.

“Residents deserve continuity of representation and an advocate who will continually represent their needs,” Saelee said. “If you guys go through with this special election, you’re denying these residents at least 10 months of no representation.”

The city charter gives the council the option of filling vacancies via appointment or election, but in recent history, the council turned to voters to fill unscheduled openings. According to a memo prepared by the city clerk, the previous five vacancies were filled by special elections. The last appointment to fill a vacancy occurred in 1994, when Alice Woody was tapped by the council to succeed Councilmember Kathryn Cole, who was recalled.

The specter of future recalls was raised by outgoing Mayor Sam Liccardo, who said residents left frustrated with the council’s decision could turn their anger against the future appointees.

“I’m pretty confident those 300 people who waited four or five hours to speak  — out of those 300, we could probably find 100 volunteers who might go out there and get signatures on petitions for a recall of the same people who were appointed,” Liccardo said.

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