By Ken Epstein

Nick Resnick announced this week on his website that he is resigning as the Oakland Unified School District Board member for District 4 in the midst of a legal controversy over whether he had won his position in error.

“I recognize I can continue to contest this election for months and that for months we can spend precious public funds on a legal process and have uncertainty about who is ultimately going to occupy this seat,” wrote Resnick.

“At this time, I don’t think that is what’s best for this community and I don’t think that’s going to help get our schools where they need to go,” he wrote. “Instead, at this time, I am making the choice to congratulate my opponent and share that I will no longer be opposing the election contest, and therefore resigning from the D4 seat.”

In November, the Alameda County Registrar of Voters had announced the final vote count and declared Resnick the winner in the District 4 school board race. In January, he was sworn in and took his seat on the board.

However, on Dec. 28, 2022, the registrar announced that his office had used an incorrect software program to tally the votes in November elections, changing the results in only once race: Mike Hutchinson had actually received the most votes in the three-way race for Board of Education in District 4.

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While pointing out the error, the county registrar offered no remedy. Seeking to correct the mistake, Hutchinson filed suit and went to court. An Alameda County Superior Court  judge set a trial date for March 16.

However, there are still many steps to take before Hutchinson can assume the District 4 school board seat. The court has yet to declare him the winner, and the new election result still needs to be certified.

At that point, Hutchinson would have to resign from his District 5 seat and take the District 4 position. Then, the school board could hold a special election or appoint a new District 5 representative.

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