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Dead candidate has narrow lead in Chula Vista City Attorney race

Posted at 5:40 PM, Nov 09, 2022
and last updated 2022-11-10 10:12:22-05

CHULA VISTA, Calif. (KGTV) — In one of the closest and strangest election races in San Diego County, Simon Silva, who died in September, has a narrow 149-vote lead over Dan Smith to be Chula Vista's next City Attorney.

Silva, who had been Deputy City Attorney, died of cancer shortly after he could have been legally removed from the ballot.

Though the race is non-partisan, Republican Smith accused the Democratic Party of continuing to promote Silva's candidacy while not informing voters of his death.

“I think they did a disservice to members of their party by not informing them," Smith told ABC 10News Wednesday. "My frustration is nothing compared to their frustration once they find out today that Mr. Silva has passed away and they voted for him.”

Some Democrats posited that Smith should not be elected by default as the only living candidate, stating that voters may find it preferable to elect the deceased Silva in order to trigger a special election in 2023, allowing more candidates to run and create a choice.

The city estimates that the special election will cost between $1-2 million, money Smith argues could have been better spent on city needs than an election to replace a candidate who could never have served due to his death.

“I think there’s a lot of people out there, a lot of people that wouldn’t have voted for him had they known that," Smith said.

The next update to vote totals is not expected until Thursday afternoon.