If Middleton wins Assembly race, what happens to her City Council seat?

By Sara Beth Williams–
With the Nov. 5 election just weeks away, the Citrus Heights City Council could end up seeing more than one new face if current City Councilmember Porsche Middleton is elected to the State Assembly.

Middleton, who was first elected to the City Council in 2018, and then reelected in 2022 for a second term, is currently running for California State Assembly District 7 against Republican incumbent Josh Hoover. Previously, Middleton also served on the Citrus Heights Planning Commission.

Hoover and Middleton first faced off in the primary election in March, where Hoover received 52 percent of the vote, over Middleton and YK Chalamcherla, both Democrats.

City spokesperson Marisa Brown confirmed in an email that if Middleton is elected to the Assembly, the same process would occur that applied to former Mayor Bret Daniels’ resignation.

“California Government Code § 36512 sets forth the procedures in the event of a City Council vacancy and states the City Council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment, or call a special election to fill the vacancy,” Brown said.

If elected to the State Assembly, Middleton would by default vacate her City Council seat, leaving the council at the end of 2024 instead of completing her term, which ends in 2026.

According to the League of California Cities, councilmember vacancies can occur due to death, incapacitation, voluntary resignation, involuntary removal from office, moving out of the jurisdiction for which the councilmember represents, lengthy absences in excess, ceasing to discharge the duties of his or her office for the period of three consecutive months except when prevented by sickness, being convicted of a felony, or if their election or appointment is declared void.

If the council chooses to fill a vacancy with an appointment, the process must be completed within 60 days. In the case of Daniels, the council chose not to fill the vacancy with an appointment because of the length of time the application and selection process would take when the Nov. 5 General Election was less than 60 days away.

Hoover was narrowly elected in 2022 to represent California Assembly District 7, winning 50.4% of the vote. Since the beginning of his term, Hoover has served on several Assembly committees including the Jobs, Economic Development and the Economy, the Environmental Safety and Toxic Materials committee, and Education Committee.