UPDATE on Sept. 28, 2016: The City Council voted unanimously to allow elected officials to raise money to sue, to defend themselves from a lawsuit or to pay for a recount in a contested race.
The proposal stems from a lawsuit filed by Councilman Manh Nguyen against attorney Lan Diep, who beat him in the June primary by 12 votes. Because the outcome was so close, it triggered an automatic recount that affirmed Diepâs lead. Nguyen then paid out of pocket for a second recount, which again confirmed his challengerâs win.
Nguyen, however, challenged the competence of Santa Clara Countyâs Registrar of Voters, claiming the agencyâs vote-counters lost hundreds of ballots. He called for a civil grand jury investigation and filed a lawsuit against Diep personally that contested his victory.
But local law prevents officeholders from opening second accounts for legal or other administrative costs. Faced with the prospect of paying for his legal defense out of pocket, Diep appealed to the council and the public.
The council obliged, putting an item on the agenda last week that would have sanctioned accounts for candidatesâ legal defense. Mayor Sam Liccardo asked to move the item to this week instead to give the city time to revise the language of the proposal to limit the accounts for strictly election-related legal and administrative costs.
âThe funds must not be used for traditional campaign expenses,â Liccardo wrote in his memo, âbut solely, post-election day activities relating directly to election disputes.â
The language up for review this week would allow both Nguyen and Diep to solicit financial support for their impending court fight. It would also allow candidates to move leftover campaign contributions to a legal fund to pay for lawyersÂ and election costs.
More from the San Jose City Council agenda for September 27, 2016:
- The city forked out $10.7 million to update its payroll software. But when it went live earlier this month, some unexpected problems cropped up. Now, the cityâs personnel officials are asking for another $500,000 to resolve âa number of unanticipated needs and technical issues.â
- A year of forensic blood, urine and breath test analysis will cost the San Jose Police Department $75,000. The city will consider awarding the contractâwith a $15,000 contingencyâto a San Jose-based company called Central Medical Lab.
WHAT: City Council meets
WHEN: 1:30pm Tuesday
WHERE: City Hall, 200 E. Santa Clara St., San Jose
INFO: City Clerk, 408.535.1260