CHULA VISTA, Calif. (KGTV) — Controversy has erupted after one of the two candidates to be Chula Vista's next City Attorney died. By law, his name will remain on the ballot and no additional candidates can be added to the race.
Simon Silva had been a long-time deputy in the City Attorney's office before dying of cancer earlier this month at age 56. His death came three days after the deadline for changes to the ballot. According to the Chula Vista City Clerk, a Silva win would trigger a special election in 2023 to fill the office, while the current City Attorney would remain in office until the new one is elected.
Silva's opponent, Dan Smith, is raising concerns that many in the electorate do not know of Silva's passing. “I don’t want anybody to vote for me just because I’m the only candidate. But I want them to know what the repercussions are if they vote for a dead candidate," Smith told ABC 10News.
The City Clerk says a special election would cost between $1-2 million, money that Smith says could be better spent on city needs. He also worries that electing a dead candidate could become an embarrassment for the city.
While he understands that Silva's name must remain on the ballot, Smith (a Republican) accuses Democratic leaders of continuing to campaign for Silva without making it clear that the candidate has died. He pointed to comments made by Mayor Mary Casillas Salas and City Councilmember Steve Padilla at a recent City Council meeting. “It was basically a rah-rah session, vote for Mr. Silva, where I don’t think it was appropriate. I think it is appropriate to inform the voters what’s going on and nobody’s doing it.”
During public comment at the city council meeting, one resident brought up a similar concern, suggesting that Mayor Salas was playing politics with the situation by continuing to keep a Silva campaign sign in her yard.
“it’s not politics," Salas shot back. "It’s about love of a man that had a terrific character and it’s just appalling to me that that would be interpreted that way.”
A few minutes later, Padilla suggested that rather than vote for Silva out of ignorance of his death, voters may vote for him as a way of triggering the special election so they could have an alternative to Smith. “If folks want to see a choice between two candidates who can assume this office, perhaps they’ll vote for Mr. Silva, and if they don’t, then we’ll have a new City Attorney who appeared on the ballot all along.”
John Moot, a Democrat who finished third in the June primary, says he does not the idea of voting for someone who cannot ultimately fill the position, echoing concerns that many voters do not know of Silva's death. “If the people know that he’s deceased and they want to send a message, so be it. But the key is do they know? Has there been full disclosure?”
Election Day is November 8. Mail ballots will be sent to registered voters October 8. Early in-person voting begins October 10.
