With the death of Deputy City Attorney Simon Silva on Sept. 3, who was running against attorney Dan Smith in the November elections, it was determined by City Clerk Kerry Bigelow with the aid of outside counsel, that Silva’s name would remain on the ballot in accordance with the existing state and local law. Bigelow said votes for Silva will be counted, and if he receives the majority of the votes, he would be considered elected and the office would become vacant, and the city would then move to fill the vacancy.
At the Sept. 27 Chula Vista Council meeting, Bigelow provided Council with an update on November election procedures if Silva were to win the election.
Bigelow said the election deadlines are mandated by state law, the city’s charter, or other statues that either the city, or she as the elections official have any discretion to modify.
Bigelow said the first date vote by mail ballots are available is Oct. 10, with election day on Nov. 8, and the Registrar of Voters has 30 days to certify the vote, so Dec. 8 is when the ROV will certify the votes, and she brings the votes to Council on Dec. 13 for certification by Council and newly elected officials take office.
“If Mr. Smith receives the majority of the votes, he would be sworn in at that Dec. 13 meeting,” she said. “If Mr. Silva were to receive the majority of the votes, then he would be considered elected. But since he could not be seated, Council would need to take action to declare the seat vacant, and a special election would be required to fill that seat because the vacancy is more than 24 months left in its term.”
Bigelow said moving to the District 3 council seat, Council member Steve Padilla is a candidate in the November election for State Senate. She said if he is successful in that race, there would be a vacancy in that seat.
“If Council member Padilla takes office in the Senate in December, and there are less than 25 months remaining in his term, then the charter allows the council to decide if it wants to appoint someone to fill his seat for the remaining almost two years of his term, or the Council can hold a special election. Council would have 14 days to decide to move forward with the appointment or special election.”
Bigelow said for special election, the first date Council could choose from are in April 2023, or a later date, and it must be within 120 days of the declaration of vacancy. The council would also need to conclude it practical to hold an election so quickly. She said candidates would still have 25 days to file nomination papers, but the filing would begin the week after called for special election.
“With any of the options, if no candidate receives the majority of the vote in the first election, 50% plus one, then there would be a required runoff election. So, if council selected an April election, then November 2023 could be a possible runoff election date,” she said.
“If council selected November 2023 as the election date, it would not be until 2024 that there would be a runoff, if a runoff is required.”
Nov. 7, 2023 would be the next established election date, she said. State law determines established election dates. Bigelow said the third option is a May 2, 2023 election date if council chose to do an all-mail ballot, and not have the traditional vote center.
Bigelow said if there are no federal, state, or local elections to consolidate with, the election would be considered a standalone election. A citywide standalone election, if that were the city attorney seat, and possibly adding a District 3 seat, a vote center model in April or November of 2023 would be in the range of $1.5 to $2 million. An all-mail ballot option would range from $1 to $1.5 million. For a standalone for District 3 only, a vote center model election would range $475,000 to $600,000, and an all-mail ballot election would range $375,000 to $500,000.
“If there is a vacancy in the city attorney’s seat, based on the city’s charter and state law, outside counsel has advised that City Attorney Glen Googins would continue until his successor took the oath of office,” she said. “He would remain the city attorney until after a special election.”
