Every vote counts in Silicon Valley, where two congressional candidates literally tied for second place

Every vote counts in Silicon Valley, where two congressional candidates literally tied for second place
Left, Assemblyman Evan Low, D-San Jose chats with Phil Ting, D-San Francisco, chat following the opening session of the California Assembly in Sacramento, Calif., Wednesday, Jan. 4, 2023. Center, Santa Clara County Supervisor Joe Simitian speaks during an opening ceremony event of the nursing careers and the electrical vehicles programs at the Silicon Valley Career Technical Education campus in San Jose, Calif., on Friday, Oct. 27, 2023. Right, FILE – In this March 28, 2020, file photo, San Jose, Calif., Mayor Sam Liccardo speaks during a news conference at the Bloom Energy campus in Sunnyvale, Calif. A lawsuit against the city of San Jose and Mayor Liccardo alleges he used private email to do city business in secret to skirt public records laws. In one email, the mayor of Californias third largest city, referred a conversation to his personal account and wrote: Im going to delete this from my public account, the lawsuit alleges. (AP Photo/Jos Luis Villegas,File, Dai Sugano/MediaNews Group/The Mercury News via Getty Images, Beth LaBerge/KQED via AP, Pool, File)
(AP Photo/Jos Luis Villegas,File, Dai Sugano/MediaNews Group/The Mercury News via Getty Images, Beth LaBerge/KQED via AP, Pool)

Every vote counts in Silicon Valley, where two congressional candidates literally tied for second place

California Politics ,Election 2024

Julia Wick April 3, 2024

With a second-place tie, three Democrats appear to be headed to the November ballot in the race for a coveted Silicon Valley congressional seat.

The extremely unusual situation comes after weeks of uncertainty, with second-place finishers Santa Clara County Supervisor Joe Simitian and Assemblymember Evan Low of Campbell repeatedly trading positions, often while separated by just one or two votes. They appear to have finished the race with 30,249 votes apiece.

Former San Jose Mayor Sam Liccardo has maintained a first-place lead since the primary, securing his spot on the November ballot with more than 38,000 votes.

“It was like watching a snail race the most exciting snail race I’ve ever witnessed in my life,” said Marva Diaz, a political consultant and publisher of the election guide California Target Book.

There did not immediately appear to be any precedent for a three-way California congressional race since the state shifted to its nonpartisan primary system in 2012, which dictates that the top two finishers advance to the November ballot regardless of party.

In the case of a second-place tie in a primary election, California elections code stipulates that both candidates appear on the general election ballot along with the first-place winner.

The candidates are vying to replace retiring Rep. Anna Eshoo of Menlo Park in a safely Democratic district that includes part of Santa Clara and San Mateo counties.

The results are not official yet, though both counties said Wednesday that all ballots had been processed. County election officials must finalize their official tallies by Thursday, with the secretary of state’s office expected to certify election results on

Friday,

April 12.

A three-way general election happened in an Assembly race in 2016, when former Assemblymember Autumn Burke faced off against two other candidates, as California Target Book research director Rob Pyers noted on Wednesday.

But both of the challengers were write-in candidates who tied with 32 primary votes

each

, making it a non-competitive general election race and a very different situation from the battle brewing in California’s 16th Congressional District.

Simitian, Low and Liccardo are all current or previous elected officeholders who have run serious campaigns with significant fundraising.

Should the count hold and all three candidates make it to the final ballot, Diaz said, the presence of three Democrats running robust campaigns would “change the dynamics immensely” for the November election.

“Running against one other person is very different than running against two other people,” she said.

Eshoo announced her retirement in November after more than three decades in Congress. Democrats hold a more than 3-to-1 registration advantage over Republicans in the district, which includes the cities of Palo Alto and Mountain View and part of the city of San Jose.

Once the votes are certified, either candidate could also request a recount, which they would be required to pay for. But in a situation where they are both headed to the ballot, the political calculus for requesting a recount would be cloudy at best, since it could potentially result in either of them losing their slot.

Simitian’s communications director, Francesca Segr, said Wednesday afternoon that his campaign would refrain from commenting until both counties had officially certified their results.

Low’s campaign did not immediately respond to a request for comment, but the Assembly member tweeted a smiling photo

of himself wearing clad in

a shiny, violet-colored tie, quipping that “Its a special ‘Tie’ day!”

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