Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Michael P. Callagy, County Executivew
Subject: Resolution Calling, Proclaiming, and Ordering a Special Election to Fill an Anticipated Vacancy on the Board of Supervisors for the Fifth Supervisorial District
RECOMMENDATION:
title
Adopt a resolution calling, proclaiming, and ordering a special election to fill the anticipated vacancy on the Board of Supervisors for the Fifth Supervisorial District resulting from the resignation of Supervisor David Canepa, requesting that said special election be consolidated with the Statewide General Election to be held on November 3, 2026, and requesting services of the County’s Chief Elections Officer.
body
BACKGROUND:
Supervisor David Canepa was elected to a third term as Member of the San Mateo County Board of Supervisors for the Fifth Supervisorial District in November 2024, with a term ending January 8, 2029. Supervisor Canepa was subsequently elected to the office of San Mateo County Assessor-County Clerk-Recorder at the June 2, 2026 election. On July 2, 2026, Supervisor Canepa submitted an irrevocable letter of resignation from the office of Member of the Board of Supervisors for the Fifth Supervisorial District to the Clerk of the Board of Supervisors, with a deferred effective date of January 4, 2027.
Article II, Section 203 of the San Mateo County Charter (“Charter”) governs vacancies on the Board of Supervisors. Section 203 provides that if a vacancy occurs at any time on or before October 15th of the third calendar year of a term, the Board shall, within 30 days of the effective date of the vacancy, order the calling of a special election to fill the vacancy. Section 203 further provides that where, as here, a member submits an irrevocable written letter of resignation with a deferred effective date, the process to fill the vacancy may commence immediately on the date the resignation is filed, without waiting for the deferred effective date.
DISCUSSION:
A. Authority and Obligation to Call a Special Election
Because the effective date of the vacancy-January 4, 2027-falls on or before October 15th of the third calendar year of Supervisor Canepa’s term (i.e., on or before October 15, 2027), Charter Section 203 requires the Board to call a special election to fill the vacancy. Unlike Section 415, which governs vacancies in elective offices other than the Board and affords the Board discretion to either call a special election or make an appointment, Section 203 mandates a special election for this type of BOS vacancy; appointment is not an available option.
Because Supervisor Canepa has submitted an irrevocable letter of resignation, the Board may-and does hereby-call the special election now, without waiting for the January 4, 2027 effective date of the vacancy.
B. Election Date and Timing
The Board’s resolution calls the special election for Tuesday, November 3, 2026, the date of the Statewide General Election. Charter Section 203 requires that the special election be held not less than 102 days and not more than 131 days from the order calling the election, with an exception permitting the election to be held on a regularly established election date if that date falls within 180 days of the order. November 3, 2026, is 119 days from the date of this Board’s order (July 7, 2026), which falls within the 102-to-131-day window, and in any event within the 180-day window available for consolidation with a general election date established by general law. Both criteria are satisfied.
C. Consolidation
The resolution requests consolidation of the special election with the Statewide General Election to be held on November 3, 2026, throughout San Mateo County. Consolidation is expected to result in administrative efficiencies and cost savings relative to a standalone special election.
D. Term Limits
Charter Section 203 provides that any person elected to fill a Board vacancy will be considered to have served one full term for purposes of the three-consecutive-term limit under Section 202 if there are two or more years remaining in the term as of the date of election. Because more than two years remain in the term as of November 3, 2026 (the term ends January 8, 2029), any person elected to fill the vacancy will be considered to have served one full term.
E. By District
Pursuant to Charter Section 202, the special election will be conducted by district within the Fifth Supervisorial District. Candidates must be electors within the Fifth Supervisorial District. The candidate receiving the highest number of votes, irrespective of whether a majority of votes are received, is elected for the remainder of the term.
The County Attorney’s Office has reviewed and approved the resolution as to form.
FISCAL IMPACT:
The County is not expected to incur additional election costs as a result of this action. On June 9, 2026, the Board adopted an ordinance calling a countywide special election, consolidated with the Statewide General Election on November 3, 2026, for the purpose of voting on proposed amendments to the San Mateo County Charter. Because Fifth Supervisorial District voters are county voters who will already receive ballots for the Charter Amendment measures, adding the District 5 supervisorial race to those ballots will not generate additional costs to the County beyond those already associated with the Charter Amendment election.