As promised, Alice Spearman’s attorney has filed a motion to declare James Harris, the candidate who beat her on Election Day, ineligible for the seat.
“I’m going to do what I said I was going to do,” Spearman told me last week.
The motion, filed Tuesday, essentially makes the same case as the pre-election challenge: Harris might be an Oakland resident, living in City Council District 7, but his neighborhood is part of the San Leandro Unified School District.
Harris votes for City Council District 7, but for a San Leandro school board representative. He wasn’t able to vote in his own race.
A hearing has been set for Dec. 19. It’s an unusual circumstance, as the Oakland City Charter says the seven districts for city council and schools must be identical.
Spearman’s attorney, Marc Guillory, said he has issued subpoenas to people in the San Leandro school district, the Alameda County Registrar of Voters, and the Alameda County Treasurer’s office.