Special election approved for open San Jose city council seat

SAN JOSE, Calif. (KGO) -- San Jose will hold a special election next year to fill the seat of an embattled ex-City Councilmember, Omar Torres.

Khan Chung owns Concept Barbershop in downtown San Jose. It's one of thousands of small businesses located in District 3. Currently, the D3 seat is vacant.

"We definitely need somebody just as passionate or more to fil the seat and to continue the upward direction that downtown is going," Chung said.

On Tuesday, the San Jose City Council voted on how they will fill the open seat once held by Omar Torres.

RELATED: San Jose Councilmember Omar Torres charged with sexual assault of minor

Torres resigned earlier this month and is currently facing three felony charges for child sexual abuse.

During the council meeting, many business owners and residents said they wanted a special election - a chance to vote for who they would like.

"I believe residents of D3 deserve to have their voices heard," one speaker said.

"I know its expensive, but nobody said democracy is easy," San Jose resident Jeff Levine said.

RELATED: San Jose residents 'feel betrayed' with lack of representation following Omar Torres' arrest

The estimated cost of a special stand-alone election can cost $2-3.2 million.

Whoever wins will serve the remainder of Torres' term, through December 2026.

Councilmembers David Cohen and Sergio Jimenez suggested appointing someone for the role would be more efficient.

"District 3 residents have to be careful what they ask for. If we go down the road of a special election we're going to have someone, a group of people perpetually running for office all the way until November 26, 2025," Jimenez said.

RELATED: Disgraced San Jose Councilmember Omar Torres denied bail in child molestation case

Ultimately, the council voted 8-2 for a special election and a temporary appointment.

Councilmember Domingo Candelas said the special election will help build trust with the D3 community.

The D3 office is still open but with oversight from Mayor Matt Mahan's Office.

The soonest a special election would be held is April.

"It feels good to have a voice and for them to consider my voice and opinion is really important," Chung said.