San José City Council Approves Special Election for Torres’ Seat

The San José City Council voted Tuesday to schedule a special election to fill a seat vacated due to scandal, sending voters in the downtown, Japantown and Northside neighborhoods back to the polls next year for an election that could decide the balance of power at City Hall.

The special election will fill the seat held by Omar Torres, who is resigning from his District 3 seat as he faces multiple criminal charges of sexual abuse. The decision to fill the vacancy with an election, rather than picking a replacement to serve until the next regular election, is a marked reversal from 2022 when the council opted to fill two vacancies through appointments.

“This will ensure the voice as well as the vision of District 3 residents and community is part of the progress of this great city,” said Meenakshi Nieto, a D3 resident who told the council she supported a special election.

The election could take place as soon as April, according to a memo presented by the city clerk. If no candidate receives a majority of votes, a runoff will be held between the top two finishers with the winner likely taking office in August.

Politically, the special election could swing the balance of power in city government and give Mayor Matt Mahan a clear majority of allies on the council.

Torres was a progressive who was largely backed by organized labor. A victory in District 3 by a business-aligned moderate could give Mahan a reliable sixth vote in step with his agenda on the city budget and issues such as homelessness.

Early next year, the council will make a placeholder appointment to the District 3 seat. The council agreed to delay that selection until after the candidate filing period for the special election closes, in order to prevent anyone running for the seat to be considered for the caretaker role.

Just two years ago, the council voted against scheduling special elections to fill two vacancies, and instead appointed current Councilmembers Domingo Candelas in District 8 and Arjun Batra in District 10. This time around, councilmembers opted for an election in an 8-2 vote.

“I completely understand the merits of an appointment more than most,” said Candelas. “I think it’s important and imperative for our community to have a voice through a special election, and this special election, most importantly, is going to help rebuild that trust in our city.”

Torres has been absent from his council duties for weeks since San José police said he was the subject of an investigation involving sexual misconduct with a minor.

On Nov. 5, Torres was arrested in a different case, and charged with three counts of child molestation, including sodomy, oral copulation, and lewd and lascivious acts on a minor under the age of 14. Prosecutors said Torres assaulted a teenage relative in 1999, when he was 18.

Hours before the arrest, Torres submitted his resignation, effective Nov. 27.

Councilmember Dev Davis, who voted for appointments in 2022, said she believed the Torres scandal entitled D3 residents to a “do-over” vote.

The councilmembers who voted against the special election — Sergio Jimenez and David Cohen — argued that the election would burden the city with added costs and leave residents with a representative immediately focused on running for re-election. District 3 voters will select a representative for a full, four-year term in 2026.

“When we’re running for re-election, we’re not always present, both mentally and physically,” Jimenez said. “If we go down the road of a special election, you’re going to have a group of people perpetually running for office.”

Residents who spoke at the meeting said Torres left the city’s largest business district without a voice on the council. In recent weeks, Torres’ staff has handled constituent services with assistance from the mayor’s office.

“We’re greatly concerned about the lack of representation D3 has endured in the past month,” said Alex Stettinski, CEO of the San José Downtown Association. “We need someone who understands our downtown community, including our property owners, small businesses and residents.

“The representative should not be polarizing, as the community needs someone who can lead the charge — united — and will find a path of healing and recovery for our downtown.”