The Contra Costa County Counsel's office has told election officials that Supervisor-elect Candace Andersen can be appointed to finish the term of the late Supervisor Gayle Uilkema even though she doesn't live in the district Uilkema was representing.
County Clerk Steve Weir told Patch the counsel's office told him the fact Andersen was elected to the new Supervisoral District 2 is "sufficient" for her to be appointed.
Andersen, who is currently Danville's mayor, won the election for that supervisor's post on Tuesday with 60 percent of the votes cast.
The seat is now vacant due to the death last month of Uilkema.
Andersen and two other candidates ran in the new district created last fall under reapportionment. The new district includes the San Ramon Valley, Lamorinda and parts of Walnut Creek.
However, Uilkema was representing the old district, which did not include the San Ramon Valley, where Andersen lives.
The new district doesn't officially take effect until January, when the new supervisor terms begin.
Andersen said requests have been made to Gov. Jerry Brown to appoint her to finish the rest of Uilkema's term.
She said the appointment would be a logical step that "best serves" the residents of the supervisor's district.
The Board of Supervisors will consider a resolution at its June 26 meeting asking the governor to make the appointment.
Weir pointed out state law says the governor "shall" name appointments to fill vacant supervisor seats. However, the law doesn't have any enforcement mechanisms.
"There aren't any consequences if he doesn't," Weir said.