Although Agran was elected at-large in 2022, the passage of Measure D in March 2024 restructured Irvine's electoral system. The measure expanded the City Council from five to seven members and transitioned elections from at-large to by-district. It also established that any vacancy in an at-large seat held by a councilmember residing in District 5 or 6 would be filled by a special election in that district.[2][3][4]
As Agran resided in the newly created District 5, the vacancy was filled through a by-district special election on April 15, 2025. District 5 includes the neighborhoods of Rancho San Joaquin, University Park, Westpark, and Woodbridge.[5][6]
Municipal elections in California are officially nonpartisan, and candidates' party affiliations do not appear on the ballot.[5]
District vs. At-Large Controversy
2025 Irvine City Council District 5 special election
Precinct results Martinez Franco:40–50%50–60%60–70% Kuo:40–50%50–60% No votes
City Councilor before election
District created
City Councilor
Betty Martinez Franco
The District 5 special election was held on April 15, 2025, to fill a vacancy created when Councilmember Larry Agran was elected Mayor of Irvine in the 2024 regular election. Although Agran was elected to the council at-large in 2022, the passage of Measure D in March 2024 transitioned Irvine to a district-based electoral system. Under the measure's provisions, any vacancy caused by the departure of an at-large councilmember residing in Districts 5 or 6 would be filled through a by‑district special election.[2][3]
District 5 includes the neighborhoods of Rancho San Joaquin, University Park, Westpark, and Woodbridge.[5] The race initially attracted several prominent candidates, including former councilmember Tammy Kim, who withdrew from the race on February 7 after being removed from the ballot by court order following a residency challenge.[8]
In May 2025, the Orange County District Attorney's Office announced formal charges against Kim—including ten felony counts and one misdemeanor—for allegedly lying about her residency while serving on the City Council and running for mayor and council. The charges include perjury by declaration, filing false documents, aiding illegal casting of votes, nominating fraud, and voter registration fraud. If convicted, Kim faces up to eleven years and two months in prison and a lifetime ban from holding public office.[9][10]
Betty Martinez Franco, a small business owner, was elected to the council, defeating former councilmember Anthony Kuo and homeowners association board member Dana Cornelius.[11] Martinez Franco became the first Latina elected to the Irvine City Council.
The decision to hold the special election exclusively within the newly created District 5 boundaries, rather than citywide, drew criticism from election experts and data analysts. Because Larry Agran had been elected to his council seat in 2022 under an at-large system, his term technically represented the entire city until its scheduled expiration in 2026.
Paul Mitchell, vice president of Political Data Inc., argued that Irvine's use of new district lines to fill an at-large vacancy was inconsistent with the California Fair Maps Act and prior legal opinions from the California Attorney General.[12] Mitchell noted that according to established CA redistricting principles, a vacancy should be filled using the boundaries in effect at the time the original member was elected. He estimated that by restricting the special election to District 5, approximately 83% of Irvine's citywide electorate was excluded from voting for Agran's replacement.[13] The city proceeded with the district-based election citing specific language in the city charter adopted during Irvine's transition to a district-based system.
Candidates
On Ballot
Betty Martinez Franco (Democratic), small business owner, and former vice chair of Irvine's Diversity, Equity & Inclusion Committee.[11]
Anthony Kuo (Republican), former Irvine City Councilmember (2018–2022)
↑Harris, Kamala D. (May 22, 2014). Opinion No. 13-1103(PDF) (Report). 97 Ops.Cal.Atty.Gen. 12. California Attorney General. Retrieved March 2, 2026. The redrawn boundaries should not be used for a given office until the first regular election for that office.
