The election is over, but there’s still an open seat on the Livingston City Council

The Livingston City Council held off on swearing in new members Tuesday, saying the city staff did not get certified election numbers in time.

The council voted unanimously to bump welcoming new members to the Dec. 20 meeting, when the process also will begin to fill a vacant council seat for the city of about 13,500 residents.

Wapinder Kang, who won the second-most votes last month in the race for three council seats, vacated his seat before he ever took it. As a police officer in the city, he is prohibited from accepting one of the open seats, according to the state elections code.

Mayor Pro Tem Gurpal Samra said “we already know the options,” so he wants to get the ball rolling on a replacement later this month. The council has 60 days to either appoint someone to the seat or initiate a special election, which comes with additional costs.

The top council seat will serve four years while the second and third seats are for two-year terms.

According to results certified Tuesday, Juan Aguilar Jr. finished first with 1,548 votes and incumbent Arturo Sicairos finished third with 906 votes.

City Attorney Jose Sanchez said elections law doesn’t allow the council to “just move people up,” but rather mandates the council fill the vacant seat through appointment or by election.

This story was originally published December 7, 2016 at 3:05 PM with the headline "The election is over, but there’s still an open seat on the Livingston City Council."