Arnold calls special election

February 19, 2008
By Michelle Durand

Gov. Arnold Schwarzenegger yesterday ordered a special election to finish out the 12th Congressional District seat left vacant Monday with the death of 14-term U.S. Rep. Tom Lantos, D-San Mateo.

The general special election is scheduled for June 3, the same day as the district primary for local, state and national seats — including Lantos’ position which expires at the end of the year.

Before the June special election, however, law dictates an open primary be held in April during which all voters can cast ballots for any candidate. If a candidate gets more than 50 percent of the vote, he or she wins outright and no further action is needed. If not, the top finishers run off in the June election.

Once a candidate wins, he or she can be sworn into office as soon as the votes are certified, Nicole Winger, spokeswoman for Secretary of State Deborah Bowen, told the Daily Journal on Monday.

Regardless of the special election’s outcome, there will be a June 3 district primary for the general election to fill the seat’s next term. On that ballot, 12th Congressional District candidates will vie to represent their respective parties in the November election. The overlap of special general election and district primary both on the same June election day means candidates wanting both the interim and full-time position will be on the ballot twice unless a decision is made in April.

Confusing the situation even further is which voters can cast ballots for which party’s candidates. The April special primary is open, meaning any voter can vote for any candidate. The June district primary is semi-open, like the February presidential primary, which means voters of any affiliation can cast ballots for candidates of the Democratic and American Independent parties. The special general election in June operates like the standard November general election.

The San Mateo County Elections Office will be busy not only readying for the added primary but also educating voters about the mixed bag of rules governing whom they can back in each election, said Elections Manager David Tom.

The candidates who threw their hat in the ring for the seat prior to Lantos’ passing are expected to vie for the interim position, leaving them campaigning for two separate elections this year. The filing period for both ends Feb. 25, Tom said.

Former state Sen. Jackie Speier, 57, confirmed her plan to seek Lantos’ seat prior to his announced cancer battle and retirement. Lantos gave Speier his endorsement after he said he would not seek re-election.

Republican Mike Moloney and Libertarian Kevin Dempsey Peterson have pulled nomination papers in San Mateo County for the 12th District seat. Democrat Jason Lee Jones, a 30-year-old San Francisco State University student, also announced his intention to run.

Schwarzenegger had 14 days in which to call for a special election but only until yesterday if it were to be consolidated with the June primary.

If Lantos died on or after March 8, Schwarzenegger would have had the discretion to either call a special election or appoint an interim congressperson.

The state last held a special election to replace a mid-term congressmember in the 27th district of Southern California.