No, she would not have been. In that case, I *think* the charter says that the Lights pick a suitable alternative. You'd have to go check the wiki to be sure.
The charter actually says nothing whatsoever about how to pick magistrates. There is a parallel set of rules written here:
http://wiki.battlemaster.org/wiki/Sanguis_Astroism/The_MagistratumIs it binding? Who knows!