Kevin Burke’s name will remain on June ballot due to strict election laws

As the June 7 election for Sonoma County sheriff fast approaches, officials are alerting voters that their ballots will list the name of Kevin Burke, the retired chief of the Healdsburg Police, who died on April 5, weeks after abruptly suspending his campaign for sheriff.

Burke’s vestige on the ballot is a result of strict candidate filing and approval deadlines mandated by state law, which dictates that once someone has filed and qualified for the ballot, there is no legal option for them to be removed.

In the event of a death, a candidate can be removed only up to 68 days before the election, which, in this case, was March 31.

Burke died 63 days ahead of the vote.

“Because Kevin filed his nomination papers before suspending his campaign, he will appear on the ballot,” said Leo Buc, Burke’s former campaign manager. “Nothing can be done — it is too late.”

These stringent rules exist because ballots must be finalized and printed “much further in advance than people think,” said Deva Proto, the Sonoma County Clerk-Recorder-Assessor and Registrar of Voters.

“We’re already approving ballots and voter information guides,” said Proto on Wednesday. “For example, 60 days (before the election) is our window for mailing ballots to overseas and military voters. There are very short timelines in terms of getting our ballots approved.”

Last-minute changes, even in the instance of death, could disrupt the meticulously administered voting system.

A withdrawn candidate featured on the ballot is not an entirely uncommon phenomenon, according to Proto.

In Windsor’s April 12 town council election, candidate Evan Kubota filed and qualified before dropping out of the race in February. Because it was within the 68-day time frame, Kubota remained on the ballot.

Kubota garnered about 2.8% of the vote, Proto said, which is not enough to substantially impact the results of the election.

Proto said that though people may theoretically cast their votes for Burke come June, she hopes “it doesn’t make a significant impact.”

“Voters should be aware and make sure they’re looking into candidates when they’re casting their votes, to be aware of who is currently in the race,” Proto said.

“We wish there was a way to legally remove (Burke) just to spare people from seeing his name and being reminded of his death,” Proto added.

While the county cannot advise on Burke’s presence on the ballot in its official information materials, Burke was able to withdraw his candidate statement from the voter information guide after suspending his campaign within the required period.

Burke was found dead in his Healdsburg home last week after a friend called authorities for a welfare check, saying he was not able to reach the former police chief.

News of Burke’s passing was met with widespread shock and grief, with members and leaders of the local community remembering him as a champion of progressive policing.

In a statement emailed to The Press Democrat, the Burke family thanked friends and colleagues of the former police chief for their condolences, thoughts and prayers, and asked for continued privacy.

“Kevin spent his life in service beginning as a prosecutor and police officer in Orange County. From there, he was named Police Chief of Lakeport and eventually Healdsburg where he was known for leadership around natural disasters, race relations and substance abuse. In his free time Kevin provided pro bono legal services, supported LGBTQ+ and AIDS causes and was a founding member of Protect and Defend,” the family’s statement said.

“He was truly an exceptional person,” it continued. “We are devastated by this sudden loss and ask that we all remember the amazing service our beloved Kevin provided to so many in need in so many communities."

The city of Healdsburg is in contact with the family to organize a public celebration of Burke’s life, which will likely take place in May, according to City Manager Jeff Kay.

You can reach Staff Writer Emily Wilder at 707-521-5337 or emily.wilder@pressdemocrat.com. On Twitter @vv1lder.