CHULA VISTA, Calif. — The late Simon Silva, who passed away from cancer unexpectedly in September, beat out his opponent Dan Smith in the race for Chula Vista city attorney.

Silva defeated Smith by 756 votes, election results showed Thursday.

“God bless him, he’s a good man, he’s a fellow attorney, I hold no grudges whatsoever,” Smith said.

The Chula Vista City Clerk wrote in a statement that “since Mr. Silva could not be seated, the City Charter would require the City Council to declare the seat vacant and call a special election to fill the position in 2023.”

Meanwhile, the city’s mayor and city clerk have not commented on the race since the election ended.

“I put out a cease and desist letter to the Democratic party that said I would like them to curtail any further campaigning on Mr. Silva’s behalf,” Smith said.

In September after Silva died, Chula Vista Mayor Mary Salas and other Democratic party members came under fire for backing Silva’s run, after his death.

The city said the special election could cost up to $2 million and would be held in either April, May or November 2024.

Smith said the money could be used elsewhere in the city.

“I think I would like to focus on this election right now,” Smith said. “I put my heart and soul and did the fundraising, put my own money, there’s a lot of things that go into running for office.”

The County Registrar has until Dec. 8 to certify the election results.