Mann

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…