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SAN JOSE, Calif. - As councilman Omar Torres waits in the Santa Clara County Main Jail for a bail hearing next week, plans to find his replacement in San Jose city government are taking shape.
"We need somebody that's 100% behind D3. Because in the past, there have been folks that have used D3 as a platform to get to the next job. And lots of times D3 has been left behind," said former District 3 council candidate Irene Smith.
On Wednesday, she wrote to fellow residents urging the city council to hold a special election to fill Torres' seat.
"We need to come together as neighbors, friends, and colleagues and rebuild our shattered body politics...We need to demand an election," she wrote.
"The city charter gives us two options, a special election or an appointment. I personally prefer a special election. I think it's fundamental to our American democracy," said Mayor Matt Mahan.
He isn't alone in that viewpoint. Multiple former suitors for this political seat are now showing renewed interest in serving a district that includes downtown, Japantown, the Hensley neighborhood, and others.
"I've been very active, especially in downtown and other parts of District 3. So my enthusiasm for improving San Jose has not diminished," said former council candidate Elizabeth Chien-Hale.
Insiders worry that the council appointing a replacement instead of scheduling a special election may not provide the best results for this multilayered district.
"Budgeting is a big issue, and it's coming up soon. We need to make sure that the councilmember is strong in defending and representing downtown...to make sure we get the funding we need in order to continue to redevelop ourselves," said Alex Stettinski, CEO of the San Jose Downtown Association.
Funding is also an issue when choosing a path forward. An appointment is quicker and cheaper. The council took that action just two years ago to fill two vacant seats. A special election would be more time-consuming and costly.
"By the city charter, they can do that in 117 days after the council acts. So, it's gonna be sometime this spring. Based on the rules of elections in San Jose if there isn't a majority there will be a run-off election," said Dr. Corey Cook, provost and political scientist at St. Mary's College.
This is because the residents of the most densely populated and diverse section of the city are forced to rely on the mayor's office for representation in city government.
"The residents of District 3 do have representation through the mayor's office and have people in our office, and the District 3 office to answer their questions and help them with permitting, potholes, whatever may come up," said Mahan.
The mayor said the council will take up this issue at its Nov. 19 meeting. A six-vote majority of nine members is needed to pass either option.
Although jailed, Torres' resignation isn't effective until Nov. 27. However, city officials have said he's been stripped of all official powers and assignments afforded councilmembers.