Gary Ernst won re-election as Oceanside, California's treasurer this week, even though he died on Sept. 23, according to the San Diego Union-Tribune.
Ernst received 54 percent of the vote in Tuesday's election, followed by attorney Nadine Scott, who captured 46 percent of the vote, according to the newspaper. Ernst's name remained on the ballot because his death occurred after the printing deadline.
"It's a unique situation to say the least," Zach Beck, Oceanside's city clerk, told KGTV, which noted that Ernst passed away due to complications related to diabetes.
Oceanside city attorney John Mullen told NBC San Diego that council members can declare Ernst's seat vacant since the winner cannot physically take office, leading to either an appointment or a special election.
Mullen added that an appointment would be for a two-year term and the city council has 60 days to make up their minds.
Scott, the challenger, said she does not believe voters were informed enough about Ernst's death and has said that she wants to be appointed since she received 15,000 votes for the position, according to NBC San Diego. The Union-Tribune noted that Scott also won the endorsement of at least one council member in Esther Sanchez.
Scott believes her experience serving as treasurer of the Resource Conservation District of Greater San Diego County qualifies for the position.
Oceanside councilman Jerry Kern, who worked to reelect Ernst, told the Union-Tribune, though, that the vote was as much a reflection on Scott.
"People that knew her didn't vote for her," Kern told the newspaper. He promised, though, that the council will elect someone in an "open and transparent manner."
Ernest was picked for the position in 2010 after Gary Felien was elected to city council. Council appointed Felien when longtime city treasurer Rosemary Jones died in 2009, according to the Union-Tribune.
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