A candidate for Chula Vista City Attorney running in the November general election died Sept.3.
According to a spokeswoman for the city of Chula, Deputy City Attorney Simon Silva died last Saturday surrounded by his wife and two daughters after a “valiant battle with a serious illness.”
Silva was a deputy city attorney for the past 12 years, had 28 years of experience in law, was a Marine Corps veteran, and served several years in law enforcement while working his way through law school.
“Simon Silva was a profoundly good person who lawyered the way he lived, with intelligence, humility, and the highest degree of integrity,” said City Attorney Glen Googins.
In June Silva, a Democrat, came in first ahead of Dan Smith and John Moot respectively in their bid to be the city’s next City Attorney.
His victory set up a Nov. 8 showdown between him and Republican Smith.
Moot, an attorney and former Chula Vista councilman, said when he heard the news he was extremely sad for Silva and his family.
“This is devastating for him, his family, and his kids. It is horrible that he did not make it,” he said.
As a practical matter the third-place candidate wanted to know what would happen politically.
“I looked at the state election law as well, and that said anyone who ran in the primary election, if someone passes away 68 days before the general election, then the third place winner gets put on the ballot. I looked at the math and it looks like he passed away 66 days before the general election,” he said.
Moot said he called the city clerk and told her he would like to be on the ballot as there is still two months to go before the election. He said the citizens of Chula Vista deserve an opportunity to vote in a contested election.
“Sadly, Simon cannot run for the office so I would like to be placed on the ballot,” he said. “I called the Registrar of Voters twice, and they would not return my phone calls. I called the city attorney, and he would not answer my phone calls. Then late in the day, the city clerk called me and said she consulted with outside counsel, who said it was too late and they could not put me on the ballot.”
City Clerk Kerry Bigelow said the November ballot will remain unchanged.
“Mr. Silva’s name will appear on the ballot, but any votes for him will be counted In determining the election results. And, if he were to receive the majority of the votes, then he would be considered elected and the office would become vacant, and we would then move to fill in the vacancy,” she said.
Bigelow said along with outside counsel, they are still evaluating whether the possible vacancy would be filled by a special election or appointment.
Silva’s immediate opponent in the campaign, said he was “truly saddened” to hear about his untimely passing.
“Because of existing California law and a Chula Vista charter requiring Mr. Silva’s name to remain on the ballot, the voters of Chula Vista are now in a unique position,” Smith said. “As stated on my campaign website, ‘I have no political axe to grind’ and if elected, I will work tirelessly to represent all residents of the city in a non-partisan manner, while at the same time, honoring the legacy of my opponent and fellow lawyer.”
Moot wondered if there would be a special election if Silva wins in the general election, and the city clerk told him that outside counsel has not determined that yet.
Moot said he asked why the city used outside counsel when Chula Vista has a city attorney, and the city clerk told him it was because there was a “perception of conflict.”
“What could that possibly be? Glen Googins is not on the ballot. He is not running for office. Is that not his job to make these determinations?” he said.
Moot said he does not understand why the City could not go to the Registrar of Voters, saying this is an unusual situation.
“There were three candidates that ran, and unfortunately, one of them was ill, and passed away,” he said. “I do not know why they went to an outside counsel. The outside counsel is making this decision and not the city attorney.
“Maybe it is ambiguous, but what is ambiguous about it? He is not going to show up within 10 days. We know that right now. Why can’t you let the public know what is going to happen?” he said.
”I think it better for the citizens of Chula Vista to have a choice between two candidates who are alive and willing to run rather than a candidate that is deceased,” he said.
