A state appeals court has said it will no longer delay a judge’s decision removing three Mission Viejo council members from office who served extended terms after planned changes to how voting is conducted in the city were delayed. But an appeal may still be considered, Mission Viejo City Attorney Bill Curley said.

The appeals court had delayed implementing the order to remove Wendy Bucknum, Greg Raths and Ed Sachs last month to consider arguments, but on Thursday, Nov. 10, said the order would go through for now.

Orange County Superior Court Judge Walter Schwarm had ruled in August the three should be removed from office.

Sachs, Raths and Bucknum, who were elected to the City Council in 2018, were sued by a Mission Viejo resident earlier this year over allegations they were only elected to two-year terms and have remained in office illegally since 2020.

City officials have said they were attempting to implement a new voting system in the city when the council members were voted into office for what were expected to be two-year terms in 2018. When there was a delay in getting the system up and running, they reverted in 2020 to the city’s normal ordinance that stipulates four-year terms for council members, attorneys for the city have argued.

But Schwarm’s ruling did not bar Raths, Sachs or Bucknum from seeking reelection and as of Thursday, Bucknum was leading in her race for Mission Viejo’s new district elections. She is running to represent District 5.

The new district boundaries put Raths and Sachs in the same District 3, and as of Thursday both trailed the front runner, Cynthia Vasquez.

In a rare election moment, because of Schwarm’s ruling in another challenge to the terms of the council’s other two members, all five seats were on Tuesday’s ballot. Trish Kelly (District 4) and Brian Goodell (District 2) were leading in their district races as well. District 1 has three newcomers running and Bob Ruesch has the lead.

This story is developing, please check back for updates.

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