SACRAMENTO -- A Superior Court judge ruled Wednesday that Larry Aceves, a candidate for state Superintendent of Public Instruction, can retain his ballot designation as a "retired school superintendent" in November.

The judge denied a legal challenge brought by Betty Cleveland, who supports Aceves' opponent, state Assemblyman Tom Torlakson, D-Antioch.

Cleveland's attorneys argued Aceves should not be named as a retired superintendent on the ballot because he left his job as superintendent of the Franklin-McKinley School District in San Jose in 2006 and has worked as a consultant since then.

But Aceves' attorneys said his part-work did not rise to the level of "an intervening profession," which would have required him to change his ballot designation. The Secretary of State will release the certified list of candidates Thursday, said spokeswoman Shannan Velayas.



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