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Chula Vista to consider special election should candidate who died win

Chula Vista City Hall

Democratic Party, mayor still backing Simon Silva for city attorney

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Chula Vista is preparing for the potential of holding a special election for city attorney if voters elect the late Simon Silva, who died earlier this month of cancer.

On Tuesday, the City Council is expected to receive a report from City Clerk Kerry Bigelow on the possible outcomes of the general election and what the city must do in the event the city attorney position becomes vacant.

“If Mr. Simon were to receive the majority of votes, then he would be considered elected,” Bigelow said. “Since he could not be seated, the City Council would then declare the seat vacant and need to call a special election to fill the position.”

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Details of a possible special election, including costs, and the process for determining who would serve the role in the interim “are still being analyzed by outside counsel,” she said.

A longtime deputy in the City Attorney’s Office, Silva earned more than 20,800 votes in the June primary and missed collecting 50 percent of all ballots cast by less than 1 percent. Silva, a registered Democrat, was set to oppose federal attorney and registered Republican Dan Smith in November. Smith received 33 percent of the vote, 13,900 votes, in June.

Silva’s name will remain on the city ballot because “the time to make changes to the ballot has already passed,” Bigelow said in a previous interview.

Though election results are still several weeks away, many continue to line up behind Silva’s campaign.

The San Diego County Democratic Party on Sept. 18 held a campaign kick-off event with canvassing for its endorsed candidates, including Silva.

In an emailed statement, Rebecca Taylor, chair of the Democratic Party, encouraged voters to vote for Silva.

“We share in the grief of the Silva family. Simon Silva was a dedicated public servant, skillful attorney, and lifelong Democrat. He was the highest vote-getter in the June primary, and Chula Vista voters deserve a real choice in the City Attorney who will serve for the next four years.

“To honor the democratic process and the will of the voters, and with the blessing of his family, we encourage voters to select Simon Silva on their ballot. If he is again the top vote-getter in November, our duly elected city officials will follow the city charter to fill the vacancy,” she said.

Mayor Mary Casillas Salas has had a sign for Silva’s campaign in her home’s yard. She said Friday the sign is “to honor his memory. Simon was an extremely ethical and honorable man. He grew up the son of a farm worker in the Salinas Valley. He was a true public servant.”

Smith called the pursuing of a deceased candidacy “disingenuous” because “they’re backing a candidate that’s no longer eligible to be a candidate.”

“On top of that, I think the citizens of the city should be informed that this (a special election) would cost them hundreds of thousands of dollars,” he said. “You think about our need for services, whether it’s law enforcement, firefighters … filling potholes or removing graffiti or helping the homeless, there’s so many things that can be done with that much money.”

Smith said he would support the idea of having a write-in option on the ballot.

John Moot, a private attorney who was the third-place finisher in June, has said his name should replace Silva’s on the November ballot.

In 2016, Oceanside had a similar scenario. Voters re-elected Gary Ernst as city treasurer six weeks after he died of natural causes. At the time, a former council member encouraged voters to choose Ernst instead of the challenger and that an appointment to replace Ernst would immediately follow. The city opted to appoint someone rather than hold a special election because it would take several more months to fill the position and cost taxpayers around $500,000. By mid-January 2017, then-council members appointed a replacement.

The Chula Vista City Council meeting is scheduled at 5 p.m.

Staff Writer Jeff McDonald contributed to this report.

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