SAN DIEGO -- A hearing was held to discuss a special election to fill the seat left vacant by the death of San Diego City Councilman Charles Lewis.

City leaders set Nov. 30 as a special election date, but some say that's too far away and should be moved up to Nov. 2 to be combined into the general election.

Attorney Bruce Henderson, who has filed a lawsuit on behalf of former county Supervisor Lou Conde, contends the city is obligated to hold the special election 90 days after the councilman's death.

"November 6th would be 90 days," Henderson argues.

But Assistant City Attorney Les Girard said the City Council's actions and the resulting timing of the meetings and special election "fully comport with state and local law."

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CHARLES LEWIS Images: Community Gathers At Councilman's Funeral Images: Charles Lewis 1966-2004 Video: Councilman Lewis Early Autopsy Results

At the hearing, Henderson will ask Judge Charles Hayes to establish an expedited briefing and trial schedule so the lawsuit can be resolved quickly.

Henderson wants an order barring the city from spending money on any election scheduled for after Nov. 6. A general election is scheduled for Nov. 2, when more voters are expected to turn out.

Mayor Dick Murphy said City Attorney Casey Gwinn told him the day after Lewis' death that the city could not legally consolidate the Nov. 2 general election with the 4th District special election because a state deadline for doing so had already passed.

"The city could have tried to hold two separate elections on Nov. 2, but the (San Diego County) Registrar of Voters advised that would be a logistical nightmare," Murphy said. "In addition, we felt that holding a special meeting of the City Council to call an election prior to Councilman Lewis' funeral would be insensitive."

Henderson also alleges the City Charter bars anyone who has served two consecutive four-year terms as a councilmember from serving any portion of a third term for the same district.

One person who has expressed interest in serving out Lewis' term is former 4th District Councilman George Stevens, who held the office from 1991-2002.

The San Diego City Council is expected to declare Lewis' seat vacant when it returns from summer recess on Sept. 7.

A hearing on the lawsuit is set for Sept. 8 before Judge Charles Hayes.

Lewis, 37, died Aug. 8 of internal bleeding brought on by hepatic cirrhosis of the liver. He also had hypertension, pancreatitis and gastritis, according to the San Diego County Medical Examiner's Office.

A final autopsy report issued Monday shows Lewis died of alcohol abuse, which resulted in his liver failure.