Judge rules ‘false, misleading’ SDUHSD ballot designation
San Dieguito school board candidate Kevin Sabellico must change his ballot title; also rules he can use ‘Board Member’ after lawsuit challenged the validity of the title
ENCINITAS — A San Diego County Superior Court judge issued a split decision on Wednesday regarding the ballot designation for a San Dieguito Union High School District candidate.
Judge Wendy Behan ruled candidate Kevin Sabellico cannot use “Educator” as part of his ballot designation as it is “false and misleading” and ordered the San Diego County Registrar of Voters to remove it. However, Behan also ruled Sabellico can use “Board Member” as part of his designation as it describes a real and factual role held by him as he sits on the county’s Department of Environmental Health and Quality advisory board.
SDUHSD Trustee Mike Allman filed a lawsuit in August challenging Cynthia Paes’ of the San Diego County Registrar of Voters decision to allow Sabellico to file as an “Educator/Board Member” for his candidacy in Area 4. Allman’s suit said Sabellico has never been hired or worked at the district, or any other, in any capacity as an educator.
Sabellico’s campaign documents state he was employed as a substitute instructional assistant in the district as of Aug. 7.
Allman’s suit contended Sabellico’s primary occupation is as a political consultant through Sabellico’s own company and as vice president of Amplify Campaigns, LLC. Sabellico worked as a field director for Rep. Mike Levin (CA-49) 2018 campaign and as State Sen. Catherine Blakespear’s campaign manager in 2022.
“This was not the first time Mr. Sabellico has made false statements or tried dirty political tricks,” Allman said in a statement. “He is widely known around the county as a political consultant who has a problem with the truth. A controversy developed in Carlsbad, where he was a candidate for a City Council seat when he promoted false allegations against another Democrat candidate. After dropping out of the Carlsbad race, Sabellico moved into the San Dieguito school district just a few months ago to run for school board. His pattern of behavior did not change as he continued to lie in the hopes of misleading SDUHSD voters.”
Sabellico, though, was appointed by Supervisor Terra Lawson-Remer to the county’s Department of Environmental Health and Quality advisory board, which is a volunteer position. Sabellico resigned his seat on the Carlsbad Planning Commission in April to take the position on the advisory board.
He also withdrew his candidacy from the Carlsbad City Council District 2 race in April to run for the school board seat. The remaining candidates for the D2 race are Tyler Collins and Kevin Shin.
“An acceptable designation must represent the candidate’s principal profession, vocation, or occupation, defined as the primary means of livelihood or a substantial professional endeavor,” Behan wrote in her decision. “While Sabellico was issued an emergency 30-day substitute teaching permit in April 2024, Sabellico does not report any income as a substitute teacher. Moreover, Sabellico concedes that he has not yet worked for SDUHSD as a substitute teacher. The evidence indicates that ‘educator’ is not the candidate’s principal profession, vocation or occupation.”
The issue, though, took a bizarre twist nearly two weeks ago when The Coast News published a story on the suit. Sabellico and his lawyer, Evan Sorem, said Sabellico was confirmed as an employee after receiving an email updating Sabellico’s application.
The school district confirmed Sabellico has never been employed by the district. Sorem told the newspaper Sabellico believed he was employed and completed all the steps set by the district.
Sabellico received an email from the district on Aug. 6, but the email outlined the next steps before he could start working, the paper reported. Sorem told the paper Sabellico had completed those steps, which also included a background check.
“I’m happy to run on any part of my record, but MAGA Mike Allman is clearly desperate to change the subject from his extreme Trump politics and disastrous record of failing San Dieguito kids,” Sabellico said in a statement. “We’re happy that the judge rejected Michael Allman’s frivolous challenge to the majority of my ballot designation, and the community is more united than ever to get MAGA Mike Allman’s extreme Trump politics out of our children’s schools once and for all.”
Regardless, emails from SDUHSD and the county state Sabellico has never been hired by the district as a substitute teacher and the board position is voluntary and unpaid, respectively.
However, Sorem said the district made a mistake and the spokesperson was wrong about Sabellico’s employment status with SDUHSD. Sorem disclosed several documents showing the necessary paperwork.
Sorem provided an oath of allegiance form, and emails regarding discussions with district staffers about needing to complete medical and background clearances on Aug. 21, and another email on Friday about a CPR certificate not being required for employment.
“Mr. Sabellico is immensely grateful for all of our district employees, including the employees who work in HR (human resources),” he added. “At the beginning of every school year, there is a crush of paperwork that is filed; HR staff works very hard to make sure all district schools are fully staffed. It appears the mistake happened because an employee retired, resulting in a communications breakdown. That’s OK, we should all have some tolerance for human error. We are also happy to correct the record. MAGA Mike will lose in court, and he will lose in November.”
According to Sabellico’s candidate forms and emails to the county, he obtained an emergency 30-day teaching license in April.