A judge may have decided to throw out the results from the Mission mayoral run-off elections, but that could all change.
Mayor Armando O’Caña’s attorney, Gilberto Hinojosa, confirmed Monday that they have submitted an expedited appeal to reverse the judge’s ruling, which means the case is put as a top priority to review.
"On an expedited appeal, I think we have 15 days to write a brief debate that the court reporter submits the record in the case and then they have 15 days to respond. Then the Court of Appeals gets them under submissions,” said Hinojosa. “They may schedule an oral argument, if they do, then they may render a decision shortly after that."
A decision by the appellate court can usually take six months to a year and in some cases even longer. But Hinojosa, who served as a judge on the court of appeals from 1991 to 1995, said that they may get an answer in the next two months.
"An election contest normally if you're requesting an expedited appeal, it's going to be rendered somewhere around 30-60 days,” said Hinojosa.
If an appeal was not filed, the ruling becomes final and at that point the judge would schedule an election, which has to be at a time it is normally done in the city of Mission, which would be in May of 2019.
It’s the same outcome, if the appellate court decides to uphold the judge’s decision.
As for now, O’Caña remains as Mayor of Mission.
Hinojosa said he expects a decision from the Court of Appeals toward the end of next month or early December, which means it will not be on the ballot this November.