SAN DIEGO -- The San Diego City Council decided Tuesday for a Nov. 16 special election to fill the 4th District seat that became vacant with the death of Charles Lewis.

The 37-year-old Lewis died Aug. 8 of internal bleeding brought on by cirrhosis of the liver, according to the San Diego Medical Examiner's Office.

Many 4th District residents wanted the special election held on Nov. 2 -- the same day as the general election, but Mayor Dick Murphy and City Manager Lamont Ewell recommended waiting.

Murphy said he made the decision after being advised by City Attorney Casey Gwinn that the city could not legally consolidate the elections, and holding separate elections on the same day would be a "logistical nightmare."

The mayor said the City Council did not immediately call an earlier meeting to set the date for a special election because it would have been "insensitive."

Attorney Bruce Henderson filed suit two weeks ago on behalf of former county Supervisor Lou Conde, challenging the city's original plan to hold a special election on Nov. 30.

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

Conde contends the city is obligated to hold the special election 90 days after the councilman's death.

The suit also alleges the City Charter bars anyone who has served two consecutive four-year terms as a councilmember from serving a third term, unless it is two years or less.

George Stevens, who held the office from 1991-2002, has expressed interest in the vacant seat, but has not declared his candidacy.

Some have argued that the special election was set on Nov. 30 so that Stevens could run -- a charge that City Attorney Les Girard has called "completely false."

A hearing on the lawsuit is scheduled Wednesday before Judge Charles Hayes.

Three other people have emerged as possible successors in the 4th District. They are Anthony Young, Lewis' chief of staff; Dwayne Crenshaw, whom Lewis defeated in the November 2002 runoff; and Marissa Acierto, who was defeated in the March 2002 primary.