Bruce Giudici Leads California Race by 497 Votes After Dying at 68

Q: What happens to a California county's leadership when a deceased candidate officially wins the election?

If a deceased candidate is certified as the winner of a California county supervisor race, the candidate is still treated as having won, but the seat becomes vacant when the term would begin. In that case, California law provides that the vacancy is filled by appointment rather than by giving the office to the runner-up. For Calaveras County, that means Bruce Giudici would officially be the winner if his lead holds through the canvass and certification. Because he died before taking office, he cannot qualify for the seat, so the District 5 supervisor position would be considered vacant. Under the rules cited by county officials and election guidance, the governor would appoint someone to serve on the Calaveras County Board of Supervisors “until the election or qualification of a successor.” In practical terms, the appointee would take the seat temporarily and remain in office until a successor is chosen under the normal legal process. Giudici’s votes still count because his name remained on the ballot after his death. His campaign continued urging voters to support him, and election officials have said that if he is certified the winner, the result triggers an appointment process, not an automatic win for his opponent. So the county would not be left without representation for long: the board seat would be filled by a gubernatorial appointee until a duly elected successor takes over.

3 articles · Updated · The New York Times · Nov 12

57% of counted votes put Bruce Giudici 497 ballots ahead of Clyde Clapp in the Calaveras County supervisor race, leaving the late candidate close to victory.
About 500 ballots remain countywide, but local officials said Tuesday’s tally makes Giudici the likely winner; the next update is not expected until Friday.
Giudici died on Aug. 31 at age 68, a day after falling while campaigning door-to-door, and his campaign continued through the November election.
Calaveras County’s 47,000 residents elect supervisors in formally nonpartisan four-year contests, even though the area has backed Republican presidential candidates for decades.