Cloutier also announced the end of his legal challenge Monday. In a written statement, Cloutier said he did not want the taxpayers to pay for a special election at a time when city employees are being laid off and the city's finances have placed it on the verge of filing bankruptcy.
Cloutier, 45, won the machine count and was sworn as mayor in November. Davis requested a recount, won by two votes and was sworn as mayor in December. Cloutier then filed a civil suit in January based on discrepancies between the machine and manual recounts.
He alleged one ballot for him was found in the trash at the Solano County Registrar of Voters Office during the recount. He said "the potential for mischief" tainted the recount he alleged was not well supervised.
The suit asked the court to annul the certification of Davis as mayor and to declare Cloutier the winner. In the alternative, Cloutier asked the court to order a special election.