In a letter dated Aug. 16, and received by the Concord City Clerk that same day during business hours, Helen Allen withdrew her candidacy for reelection to Concord City Council. Unfortunately— perhaps for Allen, perhaps for Concord— the California Election Code, in a cruel tale of withdrawal interruptus, suggests Allen’s notice came too late.
Section 10224 states: “All nomination papers shall be filed with the city elections official during regular business hours as posted, not later than the 88th day before the election. Until that time, but not after, a candidate may withdraw his or her nomination paper after it is filed with the elections official as provided in this section.”
Therefore, the deadline for Allen to officially withdraw her nomination papers was last Friday, Aug. 11, not Wednesday, Aug 16, the 83rd day before the Nov 7 election date.
Section 13307.a.3 sets forth some wiggle room when it states: “Except as provided in Section 13309, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5 p.m. of the next working day after the close of the nomination period.”
This would suggest one could withdrawal by close of business, in this calendar year, as late as Monday, Aug. 14, not Aug. 16th. And, Section 13309 speaks only to indigent candidates who must post a statement of worth to cover costs of submitting their candidate statement for publication in the ballot.
So where might the confusion over day 83 come from? First of all, Judicial candidates may withdraw within 83 days but not Council candidates. And since Mayor Bonilla would vacate her seat and did not file by the 88th day prior to the election, Section 10225 allows that “voters shall have until the 83rd day before the election during normal business hours to nominate candidates other than the person who was the incumbent on the 88th day, for that incumbent’s elective office.” This is why the filing period was left open until Wednesday, but only for non-incumbents whose deadline was Friday Aug. 11, for filing and/or withdrawal.
So is this just a hoax? But on whom? Allen? Or Concord’s voters? How does a wily veteran with plenty of savvy political consultants screw up on a simple deadline? Is Allen crazy? Yeah, crazy like a fox. One cynic observed, “Genius! Now she can run without running.” Yet, what if a judge rules Allen’s name remains on the ballot and she still wins? Heaven help us. Does she serve from Sacramento? Ironic isn’t it, that someone who never shied away from the limelight cannot escape the glare even in her final bow.