Kings County Superior Court ruled that four recalled Avenal council members were unlawfully holding office after voters removed them. Judge Jennifer Giuliani found that Mayor Alvaro Preciado and Councilmembers Leticia Gamez, Pablo Hernandez, and David Reynosa did not lawfully hold or exercise their offices, according to The New York Times. The August 24, 2026, ruling declared their seats vacant as of May 28, when Kings County certified the recall results. The decision leaves Avenal without enough council members to conduct council votes until replacements are elected in November.
Table of Contents
- What did Avenal voters decide?
- Why did an election irregularity not void the recall?
- How did the dispute reach court?
- What happens to Avenal government now?
What did Avenal voters decide?
Avenal voters considered the recalls in an April 28 election. more than three-quarters voted "Yes" to recall each of the four officials, according to the California Attorney General's official opinion. California Elections Code section 11382 provides that a local official is removed when a majority votes "Yes" on a recall.
The office then remains vacant until it is filled according to law. Kings county certified the results on May 28. The court treated that date as the point when the four seats became vacant.
Why did an election irregularity not void the recall?
The court identified an administrative irregularity: Kings County conducted the recall even though Avenal's city clerk should have done so. That defect did not change the vote count, the election's merits, or its outcome. The court therefore refused to invalidate the election.
As The san Joaquin Valley Sun reported, the procedural problem did not outweigh the certified choice of voters. This distinction matters beyond Avenal. An error in administering an election does not automatically erase its result; the effect of the error on the election remains central.
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How did the dispute reach court?
The recalled officials continued attending council meetings and occupying their seats after certification. Three also approved a June 11 resolution declaring the recall illegitimate, and the officials participated in approving city expenditures. Recall organizers and Kings County sought permission from the california Attorney General to file a quo warranto case. Quo warranto is a legal proceeding used to determine whether someone has the right to hold a public office.
The Attorney General granted permission on June 17, finding that quo warranto was the proper way to test the officials' claims to their seats. The Superior Court then resolved that question against the four officials. The ruling establishes that they lacked authority to hold or exercise the offices after May 28. The supplied evidence does not separately establish whether every expenditure or other action approved during that period is invalid, so residents should not assume that result without a specific legal determination.
What happens to Avenal government now?
Ricardo Verdugo is Avenal's only remaining council member. One member cannot provide the quorum needed for council votes, so the council cannot make decisions requiring a vote until replacements are elected in November. The vacancy does not mean the entire city government shuts down.
Routine city services are expected to continue while the council lacks a quorum. Residents with ordinary service needs can still direct them to the appropriate city department. Matters requiring council approval may have to wait until the November replacements take office.
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