A political candidate in a Northern California supervisor race is drawing national attention as he maintains a solid lead over his opponent and is likely to win the seat — even though he died a few months before the election.
Bruce Giudici was running for Calaveras County's Board of Supervisors' 5th district seat against Clyde Clapp, who served as the supervisor for District 5 from 2017 to 2018, after replacing the previous supervisor in a 2016 recall election.
As of Nov. 12, Giudici had received 2,002 votes (57.09%), while his opponent, Clapp, had received 1,505 votes (42.91%).
Giudici unexpectedly died on Aug. 31 after falling on a steep driveway while he was out campaigning in Calaveras County, which is about two hours southeast of Sacramento,
his campaign announced.
"Bruce died knocking on doors and campaigning — doing exactly what he wanted to be doing in this moment: talking and listening to voters and fighting for the future of District 5," his campaign said on Sept. 2.
For most campaigns, a tragic and devastating situation like this would mark the end of the race, creating a clear path to victory for their opponent.
However, the Calaveras County Election Office later confirmed that Giudici's name would remain on the District 5 Board of Supervisors ballot even though he died a few months before the general election, specifically citing state election codes.
"No vacancy on the ballot for a voter-nominated office at a general election shall be filled. If a candidate who is entitled to appear on the general election ballot dies, the name of that candidate shall appear on the general election ballot and any votes cast for that candidate shall be counted in determining the results of the election for that office," reads California Election Code section 8803.
Giudici's campaign changed its messaging on why voters should still support him, instead turning the race into a protest vote against Clapp.
"Bruce was determined to defeat Clyde Clapp and prevent him from returning for a second term. That’s why we must still elect Bruce on November 3 and give the voters of District 5 the opportunity to carry Bruce’s mission forward," his campaign said on Sept. 2.
The former supervisor was previously at the center of a few controversial lawsuits, including a state complaint alleging that Clapp improperly voted on a marijuana ban due to financial conflicts, as well as a county judge determining he had committed elder abuse in connection to a real estate lawsuit, according to the Calaveras Enterprise.
Ro Corso, treasurer of Giudici's campaign, elaborated in a "Letter to the Editor" published in Valley Springs News on Oct. 9, about the team's decision to continue participating in the race even after his death.
"As current D5 Supervisor Ben Stopper explained at the event, this election means District 5 voters still have an opportunity to say they do not want to return to four more years of the kind of representation we experienced in the past with Clyde Clapp," Corso's statement reads.
"Voting for Bruce is a way to continue the mission Bruce began: bringing accountable, engaged and effective representation to District 5."
What happens if Giudici wins the election?
If Calaveras County's Election Office calls Giudici the winner of the Board of Supervisors' 5th district seat, California's election code has a protocol for this situation.
The state code notes that if a deceased candidate receives a majority of the votes, the state will consider them the rightfully elected person to take office.
The office will then be considered "vacant at the beginning of the term," which, in the case of county supervisors, means they are set to take office the first Monday after Jan. 1, according to the Santa Cruz County Elections Department
From there, it's the duty of California's governor to fill any vacancies on counties' boards of supervisors, according to the Yolo County Election Office.
If Giudici wins the seat, it's unclear how long the seat will remain vacant, as Gov.-elect Xavier Becerra is set to be sworn in on Jan. 4, 2027, along with other state, county and local officials.
Noe Padilla is a Northern California Reporter for USA Today. Contact him at npadilla@usatodayco.com, follow him on X @1NoePadilla or on Bluesky @noepadilla.bsky.social. Sign up for the TODAY Californian newsletter or follow us on Facebook at TODAY Californian.
This article originally appeared on USA TODAY: A dead man is leading in a California election. What if he wins?
