With just weeks to go before the March primary elections, Chula Vista City Councilmember Andrea Cardenas resigned Monday amid charges of fraud, grand theft and money laundering.
The announcement cast confusion over a key local election in San Diego County’s second-largest city. Cardenas, who represented District 4 in Chula Vista, had filed to run for reelection and was set to face off against six challengers in one of the most hotly contested local races in over two decades.
But in a memo to her colleagues obtained by KPBS, Cardenas said she was stepping down. The first-term councilmember said she made the decision to prioritize her mental health and the health of her community.
“It has been an honor and privilege to serve my community and work alongside all of you,” she wrote.
Cardenas has faced calls to resign for months. Last fall, county prosecutors charged her and her brother, a political consultant, with fraudulently obtaining a federal pandemic relief loan and using some of the money towards personal expenses.
But her decision to step down this week has clouded the fast-approaching primary election in her district, which is scheduled for March 5. City officials said Cardenas did not mention withdrawing from the election in her memo and that, either way, it would be too late to remove a candidate from the ballot.
“People have already voted,” said Mayor John McCann at a press conference Monday evening. “There's no way to be able to take her off the ballot right now or remove her from the list.”
That means Cardenas could potentially end up as a frontrunner in the primary election. The two frontrunners with the most votes in the March primary will move on to the general election in November.
If Cardenas did advance to the general election, McCann said it's not clear what would happen next. He said city staff were working with attorneys to clarify the city’s options, including giving Cardenas a chance to withdraw from the race.
Despite the confusion, some residents said Cardenas’ decision to step down was the right one.
“If you make a mistake, (...) you need to admit it,” said Jesse Navarro, a Chula Vista resident and former public affairs officer for the San Diego District Attorney’s office. “She should have resigned immediately.”
Navarro said he was optimistic that most voters would not be confused when they see Cardenas’ name on their ballot.
“The good thing is that, in our wonderful city of Chula Vista, most of the people read up,” he said. “I'm hoping that most of the voting residents of Chula Vista will realize what's going on and not cast a vote in her favor.”
Some of Cardenas’ opponents also responded swiftly to the news.
“This is a pivotal moment for Chula Vista, and an opportunity for us to start fresh,” said Cesar Fernandez in a written statement. “I believe Councilmember Cardenas made the right decision by stepping down so the residents of District 4 can focus on what really matters.”
Christine Brady said she didn’t think Cardenas got the support that she needed from city staff.
“I don't think that Andrea as a new council member received the guidance that she should have had from the city attorney or staff regarding conflicts of interest,” she wrote over email. “She is a young woman and I am sure this has been a difficult experience and hard lessons were learned. I wish her the best in the future.”
Even with Cardenas stepping down, Rudy Ramirez said he was still concerned about the culture at city hall.
“Miss Cardenas is only the tip of the iceberg,” he wrote in an email. “Voters will have a chance to change that this coming election. Let's hope they're paying attention.
Cardenas’ resignation leaves Southwest Chula Vista without a representative on the City Council and gives city leaders 45 days to fill her seat, according to the city charter.
City law doesn’t allow for a special election since the office has less than a year left. But the Council can vote to appoint a replacement to fill the seat, although McCann said he would not support a vote to appoint someone.
If the Council doesn’t make an appointment by the 45 day-deadline, the District 4 seat will stay empty until the November election.
Cardenas had previously said she planned to stay in office and asked for her chance to defend herself in court.
“Our American judicial system is built on the fundamental principle that our citizens are innocent until proven guilty,” she said in November. “We are afforded the right to prove our innocence.”
Tuesday morning, the San Diego County District Attorney’s office announced new charges against Cardenas and her brother, political consultant Jesus Cardenas. County prosecutors also accused them of illegally taking money from the state’s unemployment insurance program.
A preliminary trial date for both Cardenas siblings has been scheduled for March 13, one week after the primary.
Attorneys for Andrea and Jesus Cardenas also met with prosecutors Tuesday morning in a second attempt to reach an agreement ahead of the trial date. They did not reach one, according to the Union-Tribune.
Jacob Aere contributed reporting. To learn more about the candidates in this story, visit KPBS' Voter Hub.
