Mann v. Superior Court

[374]

Opinion

PHILLIPS, J.

*

Education Code section 5012 provides in part that “[n]o candidate whose declaration of candidacy has been filed for any school district or community college district governing board election or county board of education election may withdraw as a candidate after the 88th day prior to the election.” May a

voter,

invoking an Elections Code provision for correction of “an error or omission” on a ballot, compel removal of the name of a candidate on the sole ground that the candidate, notwithstanding Education Code section 5012, has purported to withdraw? We conclude that such removal may not be compelled.

Virginia Sandoval filed a declaration of candidacy for the governing board of the East Side Union High School District in San Jose. The election was scheduled for November 5, 1985. Less than 88 days before the election, Sandoval publicly announced that because of the press of her duties as a junior high school teacher “I feel compelled to formally announce my decision to withdraw from the . . . election” but that she would “remain involved in the race by actively supporting” three other candidates. Sandoval wished to have her name removed from the ballot; her attorney advised her that in a previous case respondent superior court had mandated removal of a candidate’s name upon the petition of a registered voter. The attorney then, in Sandoval’s behalf, prepared a “petition for writ of mandate and alternative complaint” under Elections Code section 10015, for removal of Sandoval’s name from the November 5 ballot. The petition was prepared in the name of registered voter Sharon J. Layne, and Layne verified it. The petition was filed on October 7, 1985, and respondent superior court, over the opposition of Santa Clara County Registrar of Voters, George Mann, issued its peremptory writ as prayed on October 23.

Mann then filed this petition on October 28, requesting an immediate stay of respondent court’s writ. Perceiving that there was insufficient time to receive briefing and to effect a disposition on the merits before the November 5 election, we denied the stay. Sandoval’s name was removed from the ballot and the election was held.