The San Jose City Council has opted to fill the District 3 vacancy through a special election and interim appointment.
San Jose City Councilmember Omar Torres speaks during a rally in front of San Jose City Hall to express concerns over Mayor Matt Mahan’s plan to reallocate Measure E funds in downtown San Jose, Calif., on Tuesday, May 16, 2023. The San Jose City Council will let District 3 residents hold a special election and have a say in choosing their next representative following the resignation of
The charges against the soon-to-be former District 3 representative are separate from an active criminal probe for sexual misconduct involving minors that came to light in October, prompting theThe City Council has opted more often than not to fill vacancies via a special election. However, there have been a few instances where the city has opted for only an appointment or a combination of both.
Matthews, who sat on the City Council between 1993 and 2000, chose to volunteer without pay and pledged not to run for the vacant seat. At the time, then-City Attorney Rick Doyle noted that declarations of skipping future elections were not legally enforceable. “This path forward may cost the city more, but it does offer a fair and democratic process that allows residents to have their voices heard,” said Kat Angelov, a policy consultant at the San Jose Chamber of Commerce. “If the special election is the chosen path by Council, the Chamber believes a public statement of non-candidacy should be included in the basis for viewing those interested in the council seat. This would attract individuals that have a genuine commitment to serving District 3.
City Clerk Toni Taber said the earliest the city could hold an election is April 8, with the possibility of certifying the results in July should any candidates receive more than 50% of the vote. The city must hold a runoff election if the 50% threshold is not reached in the primary. During Torres’ absence from the City Council, the mayor’s office has stepped in to help the District 3 office with services. But complicating the matter is that Mahan’s deputy chief, Matthew Quevedo, had played a part in the recall campaign and could be interested in serving — presenting a potential conflict of interest.District 4 Councilmember David Cohen noted that whomever wins the special election would also have little turn around time before having to campaign again for the 2026 election.
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