Voters in downtown San Jose’s District 3 will be able to choose a new council member next spring to fill the seat vacated by Omar Torres, who resigned Nov. 5 just before his arrest on sexual assault charges.
The City Council had the option of appointing a replacement for Torres to serve out his full term until the 2026 elections, or to appoint an interim replacement in District 3 pending outcome of a special election for the remainder of the term.
On Tuesday, the council voted 8-2 to hold a special election for council District 3, which could come as early as April 8, according to city officials.
The appointment of an interim council member won’t occur until after the filing deadline for the new seat.
San Jose Councilmember Omar Torres at his arrest. San Jose Police photo.
Torres, who resigned as a first-term council member, remains in the Santa Clara County Jail, held without bail.
At its Dec. 3 meeting, the City Council will discuss the process of appointing an interim member. If no candidate receives 50% of the vote in an April election, a runoff election would be scheduled, which means the interim appointee could serve until July.
Mayor Matt Mahan led the calls for the special election. Councilmembers Sergio Jimenez and David Cohen cast the only negative votes against a special election at Tuesday’s council meeting.
“I am advocating for a special election…just as I did in 2022 when my own council seat (District 10) was made vacant when I became mayor,” Mahan said in his email newsletter last week. “I believe that the voters of the district should choose their representative, not a handful of people elected to represent other parts of the city.”
“Elections are fundamental to a representative democracy and, even if it takes longer and costs more, ensuring that the people choose who represents them is worth the time and cost,” he said.
The Santa Clara County Registrar of Voters estimated that a special election could cost more than $3 million.
“We know this has been a horrible moment for San Jose – especially for the residents who feel betrayed by the person meant to lead them, speak for them and make decisions on their behalf,” he said. “We are there for you and we will move forward together.”
Torres’ resignation is effective Nov. 27. He was arrested Nov. 5 on three felony counts of child molestation involving sodomy and oral copulation by force and lewd and lascivious acts with a minor under the age of 14 that occurred nearly 25 years ago.
The charges against him are separate from an ongoing criminal investigation into sexual misconduct involving minors that was revealed in a police affidavit connected to a search warrant served Oct. 1. The revelations and Torres’ admission that he made sexually explicit online comments prompted calls from council members and a range of community leaders to call for his resignation and a recall campaign.
Omar Torres could have been, and should have been, removed over a month ago, in mid-October, by the Mayor and City Council, pursuant to authority of the Section 405 of the City Charter and Section 12.18.300 of the Municipal Code. The Mayor and City Attorney dissembled about their supposed lack of authority. The power to remove is plain and there is no case law construing otherwise. (The City Attorney finally sent me the citations she relies upon in her October public memo re Section 405 after her office initially asserted a bogus claim of privilege in response to my public records request).
The special election to replace Torres (who is still in office per his unilateral resignation terms) will consequently be delayed due to the cravenness of Torres’ colleagues.
But, but, but muh democracy is on the ballot!!!
Man, for Democrats, yawl like to appoint people into representative power.
That anyone is surprised by the kid glove treatment the local apparatchiks gave Torres is beyond me. This is classic intersectionality in action, for how can a cis-white able body male stand in judgement of a homosexual brooked toothed nearsighted brown body?
How can anyone judge from a position of privilege? It would be impossible for them to behave in any other way.
Intersectionality is the most fundamental (or saying it more performatively Foundational) Californian Value, outcomes like these are the logical conclusion to such philosophies.
In America when someone is DQ’d the second place gets the medal. IRENE Smith should just get in the seat. Any other candidate putting their name forward at this time is just A greasy opportunist seeker riding the backs OF the downtrodden.