June 25, 2011 — Tony Mallery, the third place finisher in the June primary election, will face Lassen County District Attorney Bob Burns in the November election.

Mallery’s name will be added to the ballot due to the tragic death last week of Lassen County Family Law Facilitator and candidate Jon Nakanishi.

Lassen County Clerk Julie Bustamante posed the question of who would face Burns in November based upon the California Election Code to County Counsel Rhetta Vander Ploeg.

According to Bustamante, because Nakanishi died more than 68 days before the election, Mallery’s name should appear on the ballot.

“I would like to make sure my interpretation is correct,” Bustamante wrote.

Vander Ploeg replied, “I agree with your interpretation that if the death of a candidate occurs at least 68 days before the date of the next election, a vacancy is created. The name of the candidate receiving the next highest number of votes in the June primary shall appear on the ballot to fill the vacancy.”