In a tentative ruling issued Wednesday, a judge has cleared the way for voters to decide whether the San Mateo County Board of Supervisors should have the power to remove the sheriff.

Embattled Sheriff Christina Corpus, who is accused of corruption and misconduct in the workplace, filed a petition Jan. 10 in San Mateo County Superior Court seeking to block Measure A from appearing on Tuesday’s ballot, arguing the measure was illegal. However, the court ruled the election will proceed as planned.

“The issue presently before the court is a narrow one. The court is not addressing the methodology, substance, merits, or findings of the report submitted by Judge LaDoris Cordell (retired) to the board, nor is the court making any findings or determinations regarding the allegations addressed therein,” San Mateo County Superior Court Judge Nicole Healy wrote in her tentative ruling. “Rather, this ruling is directed only to the question of whether the special election called for March 4, 2025, should proceed as scheduled.”

When asked if Corpus would contest the ruling, her lawyer, Thomas Mazzucco, only said they would “continue to fight the power grab in courts at the appropriate time and every step of the way.”

“While we are disappointed that the court did not stop the special election, we respect the thoughtful consideration the court gave to this matter and are encouraged by its recognition of the bias and prejudice argument for when it becomes procedurally ripe,” Mazzucco added.

In her ruling, however, Healy said the court could not rule on Corpus’ claims of bias by supervisors.

“Under the ‘separation of powers doctrine’ the courts cannot inquire into the impetus or motive behind legislative action,” Healy said in her ruling. “Whether, in the exercise of legislative powers, a board acts wisely or unwisely, is no concern of the courts.”

San Mateo County Attorney John Nibbelin said he anticipated the ruling.

“From the beginning, we expected the court to agree that the county properly placed Measure A on the ballot for the March 4, 2025, special election,” Nibbelin said. “We are pleased with this outcome. We believe the sheriff’s decision not to challenge the tentative ruling reflects the strength of the county’s legal position, as well as the care with which Judge Healy prepared her decision.”

Corpus has come under increasing scrutiny over allegations of misconduct, corruption and an inappropriate relationship with her former chief of staff, Victor Aenlle. Despite calls for her resignation from sheriff’s captains, police union members, seven San Mateo County cities and congressional leaders, she has refused to step down.

In response, the San Mateo County Board of Supervisors advanced a county charter amendment that would grant it the authority to temporarily remove a sheriff from office.

The ruling comes as the election is already well underway, with ballots distributed to more than 440,000 voters. As of 4:30 p.m. Wednesday, the San Mateo County elections office had received 72,476 ballots, and 192 voters had dropped off their ballots at vote centers. The final day to vote is Tuesday.

According to county election officials, the special election is costing taxpayers at least $3.8 million.

If Measure A passes and the sheriff’s office becomes vacant, the San Mateo County Board of Supervisors has several options: Appoint a new sheriff immediately, conduct public interviews before selecting a replacement or call a special election.

If the board fails to act within 30 days, the county charter requires the elections officer to call an election. A county spokesperson previously said supervisors have not yet decided whether they would appoint a successor or stage a special election.

If the measure fails, Corpus could still face removal efforts, including a civil grand jury investigation or a recall election. Supervisors previously discussed those options when they censured her and called for her resignation in November 2024.

Corpus has rejected calls to resign and dismissed the investigation led by Cordell as biased and politically motivated. She has not responded to inquiries about what she plans to do if Measure A passes.

There is no provision in the county charter or state election code preventing Corpus from running for sheriff again.