July 3, 2012 — 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 California Election Codes 8803, 8805 and 8807 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.”

“It is with a heavy heart that I have the opportunity to be placed on the November 2012 ballot for Superior Court Judge of Lassen County, Mallery said. “I am deeply saddened by the loss of our friend and colleague who would always greet you with a smile and a kind word.It is hard to believe a man of youth, knowledge and vitality has passed away. Jon lived his life with honor, dignity, compassion and an immeasurable love for his family, friends and this community. It is an honor to fill Jon’s place on the ballot as he would have likely been elected as our next Judge and with his leadership, demeanor and knowledge of the law, he would have been an outstanding judge.

“As Jon has embarked on a new journey, his spirit will resonate on this campaign, community and the court for years to come. While Jon’s family has suffered an unimaginable loss, we have all been blessed to know Jon. As a son, brother, husband and father of two young boys, I am unable to imagine the grief of the Nakanishi family.Words cannot remove the pain we feel by Jon’s passing. By keeping Jon’s memory alive and learning from Jon how one should conduct themselves, the pain becomes a little more tolerable.

“Jon has taught us several lessons with his passing. God’s timing is not our timing, life is short, enjoy it, be proud of who you are, what you have done, love one another, be fair, serve the Lord and live life without regrets.

“I would like to thank the Nakanishi family for sharing Jon with us, and may his spirit guide you through these most difficult times.”

Memorial Fund

A memorial fund to benefit Nakanishi’s wife and his three girls has been established at U.S. Bank.

Donations can be walked in or mailed to 901 Main St., Susanville, and checks can be made payable to the Nakanishi Memorial Fund.

For more information, call 257-7295.