 The persons having the highest number of votes for the office of the State Superintendent of Public Instruction shall be declared duly elected.However, in case two or more shall have an equal and the highest number of votes for the office of State Superintendent of Public Instruction, the Legislature shall, by joint ballot, choose one of the said persons having an equal and the highest number of votes for the office of State Superintendent of Public Instruction.For the November 2010 general election, Sandy Garrett (the five-time and incumbent Democratic officeholder) chose not to seek re-election for a sixth term.