Chula Vista City Attorney Candidate Dan Smith Issues Cease & Desist to San Diego County Democratic Party Concerning Deceased Candidate

CHULA VISTA, Calif., Oct. 18, 2022 (GLOBE NEWSWIRE) -- Chula Vista City Attorney Candidate Dan Smith has issued the following Cease & Desist letter to the San Diego County Democratic Party.

To Whom It May Concern:

The purpose of this letter is to demand that the San Diego County Democratic Party (hereafter SDCDP) and all of its affiliates including, but not limited to, Mayor Salas, cease misinformation, as well as any and all advertising, promotions and endorsements for Mr. Simon Silva, a deceased candidate for the position of Chula Vista City Attorney 2022.

My fellow Chula Vista taxpayers and I are aware, or have been made aware, that the SDCDP is spreading misinformation in print and digital formats advocating that voters cast their ballots for Mr. Silva without informing them he has tragically passed away and is therefore not able to carry out his duties should he win in November. Additionally, the SDCDP is failing to inform voters that a win by Mr. Silva would require a two million dollar special election funded by taxpayers.

Misinformation like this is fraud by material omission. It is made worse by the fact that Mr. Silva’s campaign photos and/or logo images are being used for special in-person events and promotional door hangers. These hangers were obviously printed after Mr. Silva’s death since his photo has been replaced by his campaign logo in an apparent attempt to skirt misinformation allegations.

Misinformation by perpetuating this fraud on the voters of Chula Vista is potentially causing the expenditure of millions of dollars, which is a substantial amount of taxpayer funds. If you are successful in electing a deceased candidate, he is not eligible and will not be able to be sworn into office. Therefore, an Interim City Attorney will be appointed by the City Council. A number of candidates would then file and subsequently, a primary Special Election will be held. Special Election expenditures may swell to four million dollars and the City Attorney position may not fill until well into 2024.

If you do not remove Mr. Silva’s name, likeness and any reference to him from all campaign materials and cease to endorse his candidacy without informing voters that you are encouraging them to vote for a deceased candidate, I and other Chula Vista taxpayers will seek all legal remedies including, but not limited to, a civil lawsuit alleging fraud that caused unnecessary taxpayer funds to be expended. We will seek damages for ALL costs resulting in the installation of an Interim City Attorney, ALL costs for holding Special Election(s) and any legal fees and expenses incurred by bringing these actions.

Sincerely,

Dan Smith
Attorney at Law
Candidate for Chula Vista City Attorney 2022

Contact:

Dan Smith For Chula Vista City Attorney 2022
[email protected] 
619-258-8888