{"id":317040,"date":"2026-08-09T03:05:46","date_gmt":"2026-08-09T03:05:46","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ny\/317040\/"},"modified":"2026-08-09T03:05:46","modified_gmt":"2026-08-09T03:05:46","slug":"they-were-voted-out-they-refuse-to-leave-now-what","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ny\/317040\/","title":{"rendered":"They Were Voted Out. They Refuse to Leave. Now What?"},"content":{"rendered":"<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">Earlier this year, the voters of Avenal, a community in California\u2019s rural Central Valley, ousted their mayor and all but one member of their City Council.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">Leaders of the recall celebrated the effort as democracy in action.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">The message: Get out.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">But more than three months after the election, the recalled officials still won\u2019t leave, claiming the process was unlawful. At a meeting in June, they made it official, voting 3 to 0 to ignore the results.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">Their refusal to cede power \u2014 highly unusual even in an era of election denialism \u2014 raises a host of legal and political questions and has triggered one of the messiest recall battles in modern California history.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">Town halls have devolved into screaming matches. Residents have accused one another of spreading falsehoods and malicious A.I.-generated memes, and of racially charged jabs. In the former oil boomtown turned migrant farming community, one recall supporter asked the ousted mayor, who emigrated from Tijuana as a teenager, if he needed something translated into Spanish.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">Avenal now finds itself at the unlikely center of a debate that has plagued federal, state and local races across the country: What happens when elected officials refuse to follow democratic norms?<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">Some experts said the situation was a microcosm of a growing distrust of the elections process, fanned by President Trump\u2019s refusal to accept the results of the 2020 presidential race.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">\u201cIt\u2019s very concerning to me that we have a situation in our nation where if we don\u2019t like election results, we say it\u2019s rigged,\u201d said Cathy Darling Allen, a retired election official and the chair of the board of the nonpartisan California Voter Foundation.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">\u201cThat behavior is being modeled,\u201d Ms. Allen added, \u201cat the highest levels in our nation.\u201d<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">Recalled officials are required by <a class=\"css-bhdv0x-linkClass\" href=\"https:\/\/codes.findlaw.com\/ca\/government-code\/gov-sect-36512\/#:~:text=(d)(1)%20Notwithstanding%20subdivision%20(b)%20and%20Section%2034902%2C,less%20than%20114%20days%20after%20the%20call.\" title=\"\" rel=\"noopener noreferrer nofollow\" target=\"_blank\">state law<\/a> to leave office right after votes are certified. In Avenal, because four of the five Council seats were vacated simultaneously, those positions would ordinarily have been filled by a special election.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">But the recalled mayor, Alvaro Preciado \u2014 who also is a member of the Council \u2014 maintains that the county was not authorized to run the election in the first place. He does not see himself as an election denier.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">\u201cI am not refusing to step down, I am just waiting for the due process to be completed,\u201d Mr. Preciado said, referring to ongoing legal proceedings between the recall supporters, county and ousted officials.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">Avenal sits roughly halfway between Los Angeles and San Francisco, tucked into the hills that many Californians see as a blur as they zip along Interstate 5. The city, with less than 14,000 people, has a landfill and a large state prison whose inmates make up just over a quarter of the population. A majority of residents <a class=\"css-bhdv0x-linkClass\" href=\"https:\/\/www.cityofavenal.gov\/330\/Community-Demographics\" title=\"\" rel=\"noopener noreferrer nofollow\" target=\"_blank\">identify<\/a> as Hispanic or Latino. The city is the smallest of four in Kings County, a part of California known for its dairy, pistachios and attachment to the status quo.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">On a couple of blocks with churches, taquerias and variety stores, some residents said they knew little of the recall dispute or had chosen to remain out of it. One said she was unable to vote in the recall election because of her legal status. Another said he resented that it had become the first thing some people brought up when you walked into a room.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">\u201cPeople don\u2019t even say, \u2018How are you doing?\u2019\u201d said Carlos Pena, 38, who runs a restaurant on the main street that is also the community\u2019s only bar. \u201cFirst thing is: \u2018So, what do you think?\u201d he added. \u201cWhat side are you on?\u2019\u201d<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">The recall effort began more than a year ago, set off by a controversy over the local fire department. Rather than rely on Kings County, city leaders said they would set up their own, volunteer-run service. Residents of the isolated community panicked. Some accused city officials of making the decision behind closed doors.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">Other grievances had also been accumulating. Dalila Barajas, 50, a longtime resident, was also fed up by what she called a lack of transparency, accountability and respect for the community.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">\u201cI\u2019m like, \u2018OK, the only way that this is going to get fixed is if we start a recall,\u201d she said.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">Ms. Barajas, a former county employee, joined with two other women: Veronica Loya, 56, who works for an environmental justice organization and fears that the city\u2019s large landfill is toxic to the community; and Ginger Wallis, 50, whose family has lived in Avenal for generations and has close ties to the county fire department.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">Ms. Wallis and Ms. Barajas, who describes herself as a fourth-generation Mexican American, also expressed frustration that City Council members were pushing aside the city\u2019s historical traditions to cater to the immigrant community. They said they were disappointed that an <a class=\"css-bhdv0x-linkClass\" href=\"https:\/\/avenaloldtimersday.com\/\" title=\"\" rel=\"noopener noreferrer nofollow\" target=\"_blank\">annual celebration<\/a> of the city\u2019s origins, known as Old Timers Day, now featured Spanish music and Lucha Libre wrestling.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">\u201cPretty soon the actual roots of Avenal are going to be gone,\u201d Ms. Barajas said.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">The women organized and rallied, and Ms. Barajas and Ms. Wallis knocked on the doors of more than 1,500 homes, collecting 650 signatures \u2014 124 more than they needed \u2014 to trigger the recall, they said.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">In April, more than 76 percent of voters <a class=\"css-bhdv0x-linkClass\" href=\"https:\/\/ballotpedia.org\/City_council_recall,_Avenal,_California_(2025-2026)\" title=\"\" rel=\"noopener noreferrer nofollow\" target=\"_blank\">supported recalling<\/a> the mayor, Mr. Preciado, and three other Council members, Leticia Gamez, David Reynosa and Pablo Hernandez. (The women spared the only other Council member, Ricardo Verdugo, because they said they saw him as an ally.)<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">But at City Hall, a cramped building where residents still pay bills in person, business continued to proceed largely as usual.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">\u201cI said, \u2018Well, something is not right, something was done illegal,\u2019\u201d said Mr. Preciado, 67, who has been an elected official in Avenal for 16 years.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">He said he believed recall organizers had misled residents about what they were voting for, and obtained signatures from people who no longer lived in the city. He said he also did not trust the county to verify the signatures.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">Both the county and recall organizers maintain that the election was conducted in accordance with state law.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">Another of the recalled Council members, Mr. Hernandez, 57, said he was saddened to be recalled after eight years of service.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">\u201cIt\u2019s part of my life \u2014 how could I?\u201d said Mr. Hernandez, who on a balmy evening in late June was at the local movie theater leading a round of Loter\u00eda, the Mexican card game. \u201cMaybe that\u2019s a legal thing,\u201d he added, \u201cbut my heart doesn\u2019t understand that.\u201d<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">Some of the ousted leaders and their supporters have accused recall proponents of being emboldened by the Trump administration to lead a partisan, racially motivated campaign. All of the recalled officials are Latino.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">Recall organizers said they never discussed their party affiliations with one another, since they were focused on local issues, and they rejected the idea that the campaign was in any way racially motivated.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">\u201cThat\u2019s their cop-out,\u201d said Ms. Loya, the recall organizer who works for an environmental justice group. \u201cI\u2019m Hispanic, I\u2019m Latina,\u201d she added, \u201cand I\u2019m proud.\u201d<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">The conflict may take months to resolve.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">The California attorney general has granted the recall organizers <a class=\"css-bhdv0x-linkClass\" href=\"https:\/\/oag.ca.gov\/system\/files\/opinions\/pdfs\/26-601.pdf\" title=\"\" rel=\"noopener noreferrer nofollow\" target=\"_blank\">permission to sue<\/a> the ousted officials in a <a class=\"css-bhdv0x-linkClass\" href=\"https:\/\/oag.ca.gov\/opinions\/quo-warranto\" title=\"\" rel=\"noopener noreferrer nofollow\" target=\"_blank\">quo warranto<\/a> lawsuit, a rarely used legal remedy that could force the officials from office. That case is still making its way through the courts.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">Separately, the district attorney\u2019s office for Kings County has opened a criminal investigation, ordering raids on City Hall as well as on the homes of the recalled officials and the city manager. It has also demanded that the recalled officials <a class=\"css-bhdv0x-linkClass\" href=\"https:\/\/www.fresnobee.com\/news\/politics-government\/election\/local-election\/article316024545.html\" title=\"\" rel=\"noopener noreferrer nofollow\" target=\"_blank\">stop spending<\/a> taxpayers\u2019 money.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">Both Ms. Barajas and Ms. Wallis are now running for City Council.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">In early July, Mr. Verdugo, the only Council member who was not recalled, held a special meeting at an elementary school cafeteria to appoint himself the new mayor.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">Without a quorum, the declaration was unlawful, but Mr. Verdugo said he did not see it as an issue.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">\u201cThe other three were illegitimate meetings also,\u201d Mr. Verdugo told <a class=\"css-bhdv0x-linkClass\" href=\"https:\/\/www.facebook.com\/watch\/?v=1034387222298458\" title=\"\" rel=\"noopener noreferrer nofollow\" target=\"_blank\">news outlets<\/a> at the time, in reference to recent City Hall meetings held by the ousted officials.<\/p>\n<p class=\"css-aa8b97-Paragraph-baseStyles-paragraphTreatmentStyles-print evys1bk0\">\u201cSo, what\u2019s the difference?\u201d he said.<\/p>\n","protected":false},"excerpt":{"rendered":"Earlier this year, the voters of Avenal, a community in California\u2019s rural Central Valley, ousted their mayor and&hellip;\n","protected":false},"author":2,"featured_media":317041,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[119501,119499,2136,119498,1906,15511,416,84367,1442,9,11,10,119500],"class_list":["post-317040","post","type-post","status-publish","format-standard","has-post-thumbnail","category-new-york","tag-alvaro","tag-avenal-calif","tag-california","tag-central-valley-calif","tag-city-councils","tag-democracy-theory-and-philosophy","tag-elections","tag-hispanic-americans","tag-mayors","tag-new-york","tag-new-york-headlines","tag-new-york-news","tag-preciado"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/317040","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/comments?post=317040"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/317040\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media\/317041"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media?parent=317040"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/categories?post=317040"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/tags?post=317040"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}