A battle over ballot designations is unfolding in Sacramento, as a candidate seeking to become the next state Superintendent of Public Instruction is defending his ballot listing as a "retired school superintendent."

Larry Aceves, who retired in 2006 as superintendent of the Franklin-McKinley School District in San Jose, faces state Sen. Tom Torlakson, D-Antioch, who lists himself as a "teacher/California legislator," on the November ballot.

Torlakson supporter Betty Cleveland, a member of the California School Employees Association, had sued, asking the Secretary of State to strike Aceves' designation on ballots because of consulting work he has done