Mayor-elect seeks special election to fill vacant council seats
`The people should choose their elected officials, not politicians'
In his first major political maneuver, San Jose Mayor-elect Matt Mahan is calling for a special election — at a potential taxpayer cost of up to $11 million — to fill two city council seats up for grabs after last month's election.
The move — which he argues would allow residents in Districts 8 and 10 to have a say in who represents them — may put him at immediate odds with his more progressive colleagues just as he enters office. The other option is for the council to make appointments to the council.
“There is no more fundamental principle in our society than self-determination,” Mahan said outside of City Hall on Nov. 28, flanked by dozens of supporters who chanted “Let me vote” and held signs urging a special election. “This is just simple, common sense. The people should choose their elected officials. Not politicians.”
Mahan, who represents District 10, defeated Santa Clara County Supervisor Cindy Chavez in a hardfought battle for the city's top seat, while District 8 Councilmember Sylvia Arenas will be taking over as a Santa Clara County supervisor.
The future of the two vacated seats will be decided this month when councilmembers and outgoing Mayor Sam Liccardo — who supports Mahan's position — come together for a vote.
But the cost of two special elections, which would
allow the winners to serve out the remaining terms on the seats until 2024, could run between $7 million and $11 million, according to an estimate by the Santa Clara County Registrar of Voters. The registrar credited the high price tag to new voting laws that have expanded accessibility, along with the increase in labor and material costs.
The last special election to be held in the city was in 2015 and cost roughly $1.2 million.
Despite the big bucks, supporters of the special election insist it's worth it. They have also crafted a petition that has garnered about 1,000 signatures, according to Mahan.
“That's the price for democracy,” said District 8 resident Sukhdev Bainiwal, who stood behind the mayor-elect during his Monday speech. “You gotta pay.”
Others standing with Mahan included District 7 Councilmember-elect Bien Doan and Evergreen School
District Board Member-elect Mary Hien Pollett. Councilmember Pam Foley, who represents District 9, said she also supports Mahan's call in an interview Nov. 28.
Mahan and his supporters are accusing “special interests” of wanting to appoint councilmembers for the vacant seats — an option Mahan and others argue would allow councilmembers to sidestep voters.
Similar to a special election, an appointed councilmember would serve out a term of two years remaining on the seats. The council can also appoint someone in the interim to fill the seat until the special elections take place, a move Mahan supports.
On Nov. 28, the council's more progressive members offered a mixed response to Mahan's position. Arenas supports an appointment, citing the need for someone to swiftly represent her district.
“I believe it's vitally important that District 8 residents continue to have a strong voice on the San Jose City Council without interruption,” she said in a statement. “So even as the Registrar of Voters finalizes the official results in the supervisors' race, the council must begin working to quickly fill this anticipated vacancy.”
District 4 Councilmember David Cohen said that “compelling” cases can be made for both options and he expects a “robust discussion” at the upcoming council meeting. Cohen, along with District 2's Sergio Jimenez, requested a memo earlier this month that included the projected costs of the special election.
Santa Clara County's Democratic Party came out strongly against Mahan. Party Chair Bill James said in a statement Nov. 28 that special elections don't have strong turnout, and would thus not be a true reflection of the voters in Districts 8 and 10.
“Holding an off-cycle, low-participation special election to fill these vacancies would result in the choice being made by a small fraction of eligible voters, who research shows likely would not represent the diversity, needs, values, and interests of the entire District 8 and District 10 communities,” he wrote.
Others, including the
South Bay's NAACP President Bob Nuñez and Building Trades Council Executive Officer David Bini, concurred with James.
“Now more than ever, we need leaders who bolster, not deflate opportunities for fair elections,” wrote Bini in a statement.
The last special election to take place occurred when District 4 Councilmember Kansen Chu was elected to the state assembly in November 2014. Margie Matthews, a former councilmember, held the seat in the interim after a vote and promised not to run in the upcoming special election. Manh Nguyen was eventually elected with 27.07% of voters turning out in the June 2015 runoff.
Over the last few decades, other councilmembers like Nora Campos, Pat Dando and Madison Nguyen were all elected through special elections.
San Jose State University political science professor emeritus Larry Gerston said Nov. 28 that whichever side gets their way on how to fill the vacant seats could potentially leave their imprint on the council's future political orientation.
The political fight “is just stock-and-trade,” Gerston said. He added that part of Mahan's calculus in calling for the special election could be to create a bulwark against the council's progressive bloc, pointing out that prior to November's election, every councilmember came out in support of Mahan's opponent during the mayoral race.
But Mahan brushed off the idea.
“This isn't about interests and jockeying for political position,” he said in an interview. “This is about a principle that the people should choose their representatives.”