With 33.6% – 56,011 votes – of nearly 167,000 votes reported June 8 at 5pm, Jonsen led retired sheriff’s captain Kevin Jensen, who had the support of 30.5% – 50,951 – of the votes.

The case against the sheriff will proceed because San Mateo County Superior Court Judge Nancy Fineman, in a ruling filed Thursday, rejected Smith’s requests that misconduct charges be dismissed.

Smith, who started with the Sheriff's Office in 1973 and has been sheriff since 1998, blasted attacks against her tenure as politically motivated.