SAUSD School Board candidate Mark McLoughlin is willfully lying to the voters by alleging in his ballot title that he is an “Educator.” That is simply not true. And he has been called on this lie by a resident of Santa Ana who filed a challenge to McLoughlin’s ballot title today at the Orange County Voter Registrar’s office.

Here is the challenge to McLoughlin’s lie – it is well-researched and we hope that it will compel the O.C. Voter Registrar to change McLoughlin’s ballot title.

CHALLENGE TO MR. MCLOUGHLIN’S ASSERTION, AS A CANDIDATE FOR SANTA ANA UNIFIED SCHOOL DISTRICT BOARD 2016, THAT HE IS AN “EDUCATOR.”

Mark McLouglin’s designation as an “Educator” on his ballot designation is improper. This assertion, on Mr. McLoughlin’s proposed ballot designation, is an abuse of the Election Code. It stretches the limits of credulity for Mr. McLoughlin to describe himself as an “Educator” based on ancillary activity that he may engage on with an on-line university. He has, as pointed out below, consistently maintained that he was a business owner. His assertion that he is an “Educator” should be stricken.

Mr. McLoughlin basis his assertion that he is an “educator” based on his work with an online university, William Howard Taft University. While Mr. McLoughlin is identify online in William Howard Taft’s online catalog of faculty, that hardly makes this position his primary, main or leading profession, vocation or occupation as required by the Election Code. In particular, when you turn to Election Code Section 20714, you see that there is a limiting factor on asserting this sort of thing. One cannot merely “teach” a course once in a while and assert they are an “Educator.” That would be an abuse of the Election Code and an exaggerated claim that is not allowed. Rather, in order to assert such a designation one must be an “Educator” as their primary, main or leading profession. Such is not the case with Mr. McLoughlin. I have excerpted portions of the Election Code for ease of reference (emphasis has been added in bold and underline to underscore pertinent portion of this code section that apply here):

Election Code Section 20714. Proposed Ballot Designations

(a) The terms “profession,” “vocation,” or “occupation,” as those terms are used in Elections Code Section     13107, subdivision (a)(3), are defined as follows:

(1) “Profession” means a field of employment requiring special education or skill and requiring knowledge of a particular discipline. The labor and skill involved in a profession is predominantly mental or intellectual, rather than physical or manual. Recognized professions generally include, but are not limited to, law, medicine, education, engineering, accountancy, and journalism. Examples of an acceptable designation of a “profession,” as defined in Elections Code Section 13107, subdivision (a)(3), include, but are not limited to, “attorney,” “physician,” “accountant,” “architect,” and “teacher.”

(3) “Occupation” means the employment in which one regularly engages or follows as the means of making a livelihood. Examples of an acceptable designation of an “occupation,” as defined in Elections Code Section 13107, subdivision (a)(3), include, but are not limited to, “rancher,” “restaurateur,” “retail salesperson,” “manual laborer,” “construction” “computer manufacturing executive,” “military pilot,” “secretary,” and “police officer.”

(b)    “Principal,” as that term is used in Elections Code Section 13107, subdivision (a)(3), means a substantial involvement of time and effort such that the activity is one of the primary, main or leading  professional, vocational or occupational endeavors of the candidate. The term “principal” precludes any activity which does not entail a significant involvement on the part of the candidate. Involvement which is only nominal, pro forma, or titular in character does not meet the requirements of the statute.

If a candidate is licensed by the State of California to engage in a profession, vocation or occupation, the candidate is entitled to consider it one of his or her “principal” professions, vocations or occupations if the candidate has maintained his or her license current as of the date he or she filed his or nomination documents by complying with all applicable requirements of the respective licensure, including the payment of all applicable license fees and the status of the candidate’s license is active at the time he or she filed his or her nomination documents.

(2) A candidate who holds a professional, vocational or occupational license issued by the State of California may not claim such profession, vocation or occupation as one of his or her “principal” professions, vocations or occupations if the candidate’s licensure status is “inactive” at the time the candidate files his or her nomination document, or the candidate’s license has been suspended or revoked by the agency issuing the license at the time the candidate files his or her nomination documents.

(c) In order for a ballot designation submitted pursuant to Elections Code Section 13107, subdivision (a)(3), to be deemed acceptable by the Secretary of State, it must accurately state the candidate’s principal professions, vocations or occupations, as those terms are defined in subdivisions (a) and (b) herein. Each proposed principal profession, vocation or occupation submitted by the candidate must be factually accurate, descriptive of the candidate’s principal profession, vocation or occupation, must be neither confusing nor misleading, and must be in full and complete compliance with Elections Code Section 13107 and the regulations in this Chapter.

Discussion:

There is no such listing of Mark McLoughlin anywhere on any professional listing/licensing board identifying him as a teacher or educator. He is not credentialed. Here is a listing below of Mr. McLoughlin’s resumes and activities. There is no listing of identification of his “Profession” as an “educator” at William Howard Taft University anywhere:

From High School, Inc. where he is currently it’s President:

http://www.highschoolinc.info/about-hsi/our-board/mark-mcloughlin

He identifies himself as the “General Manager, Skyco Shading System, Inc.”

From Linked-In:

https://www.linkedin.com/in/mark-mcloughlin-b42a006

From the Rancho Santiago Community College District:

http://www.rsccd.edu/Trustees/Pages/Mark-McLoughlin.aspx

From the City of Santa Ana Chamber of Commerce (J. Crain Corporation):

http://www.santaanachamber.com/business_growth/economic_development_council.aspx

From the Voter Guide 2012:

http://www.smartvoter.org/2012/11/06/ca/or/vote/mcloughlin_m/bio.html

Conclusion

The Election Code is written in such a manner to dissuade a candidate from doing precisely what Mr. McLoughlin is doing here, i.e., engage in an activity, here as an “Educator,” that is not otherwise his primary, main or leading profession, vocation or occupation. As such, Mr. McLoughlin should not be allowed to utilize this designation since it is clearly misleading. Mr. McLoughlin has consistently maintained he is a businessman in prior elections. It is clear that this is his primary, main or leading profession, vocation or occupation was and not as an “Educator,” and therefore that designation should be stricken forthwith.