San Jose city leaders have set April 8 for the special election to fill the seat vacated by disgraced former Councilmember Omar Torres.
Along with the election date and a potential runoff on June 24, the City Council has outlined the process for selecting an interim appointment, which includes ensuring that those running for election will not be considered for the temporary role.
“I think it’s important to have in writing the steps we’re going to take to make sure that it’s clear and not rough as we go through the process,” District 4 Councilmember David Cohen said. “We don’t know how many applicants we’ll get. If we get only one applicant, it’s different, but if we get a number of applicants, we need to have a process where we can get down to one.”
Most residents had clamored for the City Council to hold a special election to allow residents to select their next leader after months without effective representation in District 3 despite the $2 million to $3.2 million price tag.
After disappearing from the public eye and ignoring calls for his resignation for nearly a month, Torres submitted his resignation, effective Nov. 27, on Election Day before his arrest on child molestation charges.
Torres came under fire in October after a police probe into sexual misconduct allegations unrelated to the recent charges became public. While city officials limited comments at first, they joined in calls for Torres to step down once more graphic details emerged, including text messages Torres sent to a young man in which he described the genitalia of an autistic child and asked the man, “U got any homies under 18.” Along with the entire City Council, the San Jose Police Officers’ Association, the San Jose Chamber of Commerce, San Jose Downtown Association, Santa Clara County Democratic Party and several neighborhood associations in District 3 called for his ouster.
Although police have not filed any charges related to that investigation, it prompted a relative to come forward with allegations that Torres had molested him over several years, including while the victim was a minor and Torres was an adult. Torres allegedly admitted to the acts in a phone call with the victim that police had monitored.
Two weeks ago, the Council voted 8-2 to authorize the special election but opted to also seek a temporary appointment because definitive results for an election could drag into the summer months.
If none of the election candidates break the 50% vote threshold in the primary, the city would be obligated to hold a June runoff. In that case, the Registrar of Voters would not be able to certify the results at the City Council until the first week of August.
Under the timeline approved Tuesday, the filing period for both appointment and election candidacies will run from Dec. 16 to Jan. 10.
Even if a candidate files for both, the Council has agreed not to select the person for an appointment interview to ensure that anyone running for election does not gain any advantages as the incumbent.
Under the rules agreed upon Tuesday, all of the candidates chosen to proceed in the appointment process will answer questions in a round-robin interview, with the order of who answers first changing. The appointment interviews are tentatively scheduled for Jan. 28.
Two years ago, when the Council filled the District 8 seat via appointment, candidates accused now-Councilmember Domingo Candelas of breaking the rules, which Candelas vehemently denied, by accessing a phone and laptop as he waited to be called for his interview in Council Chambers.
To avoid confusion and potential controversy, San Jose Mayor Matt Mahan emphasized the need to be absolutely transparent.
“It needs to be really clearly managed so there’s just no questions about the integrity of the process,” Mahan said.
With the temporary appointment and election looming, questions have arisen about the qualities the next District 3 leader should have.
Irene Smith, who lost to Torres in the 2022 election, said she sees a “more favorable landscape for reform candidates like me” because residents have seen little to no improvement in the most pressing issues.
“No fair-minded person can deny that blight, environmental degradation, crime, business failures, sideshows, traffic & parking problems — all remain at unacceptable levels in D3,” Smith wrote in an email. “And let’s be frank: whatever strategies local (government) are implementing to fix these problems, aren’t getting it done in D3. Residents are hip to the excuses and prevarications from elected officials and are eager to see real change.”
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Stressing the number of significant decisions coming before the City Council in 2025, including budget, transportation, and community development issues, the San Jose Chamber of Commerce said that the temporary appointee must understand market economics and have a strong business acumen.
“Due to the extensive planning needed to catalyze several key events in 2026, the Chamber would like to encourage the Council to select a candidate that has a deep understanding of the needs of the District 3 community,” San Jose Chamber of Commerce President and CEO Leah Toeniskoetter wrote in a letter to the Council. “District 3 is at the heart of our downtown core with a unique constituent base and dozens of small and large companies. The district deserves an interim representative who can effectively voice the concerns of the district’s residents and businesses.”