Concerned Porterville residents claim that when Rivas filed to run for city council last year in District 3, it was widely known that he actually lived in District 2 on San Lucia Ave. Those people who have spoken to the Valley Voice have asked to remain anonymous out of fear of retaliation.
According to property records, Rivas and his wife Alice have owned their home on San Lucia in District 2 for decades. Their daughter, Adrianna, owns a home on Date Street in District 3.
District 2 is represented by Mayor Greg Meister, and was not up for election in 2024.
Rivas beat challenger Timothy Vanni in the November 2024 election for District 3 by only 5 votes, according to Ballotopedia.
A candidate has to live in the district they represent – not just visit
On Sunday, November 30, this reporter knocked on the door of Rivas’ home on San Lucia.
His wife Alice Rivas answered and, upon opening, I asked if AJ was home.
Alice said that AJ lives on Date Street, in his district. I then identified myself as from the Valley Voice and asked if he owned the home. Alice said she and AJ own the home but that he lived with his daughter on Date Street in his district.
The next day, December 1, former Porterville City Council member Greg Shelton called sounding annoyed.
“AJ wants to know why someone from the Valley Voice went to where he lived,” he said. Shelton and Rivas are close associates.
I responded that I went to Rivas’ house because his constituents had reason to believe that he did not live in his district.
Shelton confirmed that AJ did in fact live with his wife on San Lucia Ave. I informed Shelton that San Lucia is in District 2 which disqualifies Rivas from serving in District 3. Shelton responded by saying some people have multiple homes, and that what defines residency is where a person is registered to vote.
Not so, says Tulare County Registrar of Voters, Michelle Baldwin.
Baldwin said that to qualify to run in a city council district, the candidate has to be registered in that district and live in the district for which they are running.
Baldwin said that Rivas changed his voter registration in May of 2024. She could not reveal the address but it is known that Rivas changed his registration address from his home on San Lucia to that of his daughter’s home on W. Date Ave located in District 3.
“It says right on the City of Porterville’s election website,” Baldwin said, “in order to be eligible to hold any elective office, city council members elected to represent a district must reside in that district and be a registered voter in that district. Further, any candidate for City Council must reside in, and be a registered voter in, the district in which they seek election at the time nomination papers are issued.”
When asked for the official definition of living in the district, Baldwin said, “living in the district.”
She said the registrar’s office checks to see if the candidate is registered in the district in which they are running, but that they don’t have the resources to confirm if the candidate actually lives where they say they do.
According to a local lawyer who specializes in elections, it is against the law to register to vote at an address that is not your home.
“A voter can’t just visit a residence, no matter how often, and then change their registration to that address,” he said.
Candidates also verify their residence on Form 501, “Candidate Intention Statement.”
According to the Fair Political Practices Commission, “The verification is signed under penalty of perjury.”
Baldwin said it’s the honor system. “We have to trust that the candidate is telling the truth.”
“Just resign”
According to California Code, Government Code – GOV § 1770 “An office becomes vacant on the happening of any of the following events before the expiration of the term:
“(e) His or her ceasing to be an inhabitant of the state, or if the office be local and one for which local residence is required by law, of the district, county, or city for which the officer was chosen or appointed, or within which the duties of his or her office are required to be discharged.”
According to a voting rights lawyer if a city council person has moved out of their district the seat is vacant.
“In general that’s how the law works,” they said.
“Saying you live in a district when you don’t – that’s a crime.” The lawyer added “people get prosecuted all over the state for that.”
John Sarsfield of the Law Offices of Melo and Sarsfield said about the Rivas case, “the voters deserve someone who lives in their district.”
“He should just get ahead of this thing and resign,” said Sarsfield. “It’s messy.”
Why did it take a year for someone to knock on his door?
A community member active in Porterville politics who requested to stay anonymous, said no one from Porterville knocked on Rivas’ door because the locals are afraid of retribution.
“The people in power are bullies,” she said.
They chased out former city council member Monte Reyes, she said.
“The other city council members made him so miserable he resigned for health reasons. It was horrible.”
The Valley Voice reached out to Rivas by phone and email multiple times but he did not respond.