Oakland Has a Special Election Mess on Its Hands After Mayoral Recall. Here’s Why

It’s officially official: Oakland is going to need to figure out how to replace its mayor and City Council president after Alameda County’s final election results dropped Tuesday afternoon.

Mayor Sheng Thao, who conceded on Nov. 8, was recalled by 60.62% of voters, and City Council President Nikki Fortunato Bas — who would be first in line for the interim mayor role — squeaked out a narrow victory to claim a seat on the Alameda County Board of Supervisors.

Now, the complex process to fill their vacant offices, which has only been discussed as “ifs” and “could bes” for months, will begin. Here’s what you need to know about the shakeup in City Hall and another election — elections? — in the near future.

Does Oakland have a mayor right now?

Thao is still in office, at least for the time being. While Tuesday’s election results marked the last ballot drops and final vote tally, there are still some bureaucratic processes that’ll have to play out.

On Thursday, Alameda County Registrar Tim Dupuis will certify the election results as required by state law. Then, they’ll go to the Oakland city clerk, who will review and certify them at the city level.

According to a legal opinion issued by the Oakland city attorney last week, the City Council will then pass two resolutions, likely at its regular Dec. 17 meeting: one declaring the election results and a second declaring a vacancy in the mayor’s office. That is when Thao’s office will be vacated.

The special election countdown begins …

Because Thao had more than 100 days remaining in her term, which would have ended in January 2027, Oakland will have to hold a special election to replace her, according to the city charter. This has to take place within 120 days on a Tuesday, and the city attorney’s office expects that if the vacancy is declared at the Dec. 17 council meeting, that election will be scheduled for April 15.

Then, a nominating period will begin. Anyone who chooses to run to serve the remainder of Thao’s term will have to declare candidacy between Dec. 23 and Jan. 17, adding to the list of California politicians who won’t get much of a holiday break this year. Who will run for mayor is kind of a wild card — even former NFL star and Oakland product Marshawn Lynch has floated the idea — but Loren Taylor, who lost to Thao by a slim margin in 2022, has already filed papers, The Oaklandside reported.

In the meantime, the city will need an interim mayor

This is where things could get messy. According to the charter, the City Council president assumes the role of interim mayor until the special election when the mayor’s office is vacant.

During that time, the council president is considered “on leave,” which isn’t a vacancy but prevents them from performing any council duties. A “no” vote is cast on their behalf only to determine if there is a tie among council members, in which case they would break the tie as mayor.

As if that’s not confusing enough, the current City Council president is on her way out. Bas’ term as president goes through Jan. 6 — with her District 2 term set to expire two years later — but she just won a seat on the Alameda County Board of Supervisors that she would be sworn into next month.

Bas said Wednesday that she plans to step down from her seat on Dec. 17 so that the city can declare her office vacant and combine the District 2 special election with the spring mayoral special election. Had she kept her seat until January, the city attorney warned the timing of the two vacancies likely would have required Oakland to hold two separate special elections a month apart.

Bas plans to submit a letter to the city clerk on Dec. 17 stating her resignation, “provided the election results are certified tomorrow and without subsequent challenge,” she said during a press conference on Wednesday.

Her resignation won’t take effect until Jan. 6, and she will serve as interim mayor until then. Dan Kalb, the current council president pro tempore, will take over acting duties of the City Council president.

But what about that challenge?

As Bas hinted at, her resignation isn’t set in stone. It’s not improbable that someone could request a recount in her Board of Supervisors race, in which she eked out victory over John Bauters by just about 400 votes. Alameda County’s registrar allows anyone to request a recount within five days of the result’s certification.

If a recount is requested, Bas said she won’t vacate her seat. That means if the votes are re-tallied, and she comes out on top again, there will need to be a second special election next year for her City Council seat.

That’s a problem for a few reasons. First and foremost, the city can’t really afford it. Elections are expensive, and Oakland has a pretty big money problem. The registrar of voters estimates that an election costs between $19 and $21 a voter.

It’s also just hard to get people to the polls so many times in one year. Special elections tend to have lower turnout, and two within one month would surely fire up the politically active but confuse the less informed.

January’s first council meeting is set to be a weird one

Who will run the city come January is a big question mark. The council will be tasked with selecting a new president, who will serve as interim mayor for four months, and a new pro tem, who will lead the council.

The council can also pass a motion to appoint a District 2 council member to ensure continuity of representation for the residents in Bas’ district until the special election.

Besides Bas, three veterans on the eight-member council are departing. Dan Kalb, who lost a bid for state Senate, along with Rebecca Kaplan and Treva Reid, opted not to run for reelection.

The board will be split between experienced and first-term representatives. Council members Carol Fife, Noel Gallo and Kevin Jenkins will remain in their seats, along with Janani Ramachandran, who is currently on parental leave. Newcomers Zac Unger, Ken Houston and Rowena Brown were elected to the District 1, 7 and at-large seats, respectively.

That’s it, right?

Whoever is selected as interim mayor could also choose to enter the mayor’s race, as could other current council members. So there’s a chance there could be another vacancy and another election, but that’s probably putting the cart before the horse.

KQED’s Erin Baldassari contributed to this report.