Elk Grove Unified School District Candidate's Ballot Designation Challenged

August 26, 2016 |

In a complaint filed this week with the Sacramento County Superior Court, the Sacramento County Voters Registrar is being challenged on a ballot designation granted to a candidate for the Elk Grove Unified School Board of Trustees.

That candidate, Marlon Hill, is challenging incumbent Nancy Chaires-Espinoza for the Area 6 seat which covers the western portion of the City of Elk Grove. Chaires-Espinoza was appointed to the seat in 2015 after former Trustee Steve Ly vacated the seat upon his election to the Elk Grove City Council.  

The lawsuit was filed by the Sacramento-based law firm of Olson, Hagel & Fishburn on behalf of their client, Terrence Schanz, and EGUSD resident, against Jill Lavine, Sacramento County Voters Registrar.  The lawsuit asserts that Hill, whose occupation is an information technology specialist, was improperly allowed by the County Registrar to list his ballot designation as either "Parent/Coach/Educator," "Parent/Educator/Coach," or "Parent/Coach."   

In a memorandum of point and authorities in support of the petition filed on Wednesday, the plaintiffs claim that the Registrar "appears ready to allow Mr. Hill to use "Parent/Coach/Educator" as his ballot designation. The plaintiffs argue that allowing Hill to use that designation is a violation of California election law. 

The complaint also states on his official ballot designation sheet Hill lists his occupation as Information Technology Specialist with the California Office of the Legislative Counsel.  According to case law cited in the filing, "those candidates seeking the ballot designation of "educator" are required under Elections Code to hold an active license to teach."

Noting the laudable volunteer coaching of his daughter's basketball team, the complaint nonetheless notes that a records search reveal that Hill has never held a teaching credential with the State of California and has never coached professionally. Allowing Hill to use the designation, the complaint argues, is a violation of the law and, more crucially, a misrepresentation of his profession to voters. 

For relief, the plaintiffs are seeking a writ of mandate ordering the Registrar to forbid Hill from using the above-noted designations. The hearing is scheduled for 9 a.m. on Wednesday, August 31, 2016, in Department 31 of the Sacramento Superior Court, Judge Michael P. Kenny presiding.