Decision in Fresno County transportation tax could come next week

FRESNO, Calif. (KFSN) -- A legal battle over the future of Fresno County's transportation tax measure moved one step closer to a resolution Tuesday, with a judge agreeing to fast-track proceedings as election deadlines approach.

After weeks of legal disputes, a ruling could come within days on whether the measure will appear on the Nov. 3 ballot or be delayed until March 2028.

"We would respectfully submit that a ruling by the 31st is preferable," one attorney told the court during Tuesday's hearing.

The lawsuit, filed by Fresno County against the State of California and Fresno County Clerk and Registrar of Voters James Kus, was assigned to its fourth judge, Jonathan Skiles. The reassignment came after Judge Lisa Gamoian was disqualified from the case due to concerns regarding legal prejudice.

At the center of the dispute is Assembly Bill 1923, legislation that would replace Measure C, the half-cent transportation sales tax that funds road, infrastructure and transportation projects throughout Fresno County.

Judge Skiles will now determine whether voters will consider the measure this November or if it will be postponed until 2028.

Attorneys representing all parties appeared virtually Tuesday, arguing that a decision must come quickly because election officials face rapidly approaching deadlines for ballot preparation and distribution.

"It's our position that that outcome is actually worse for every party in the room, and also the court who has to essentially continue it over," attorney Brian Hildreth said while urging the court to move up the hearing.

Another attorney, Gary Winuk, emphasized the importance of the election timeline.

"September 3 is the final date by which any change to the ballot could be made," Winuk told the court.

Winuk, representing Kus, said ballots must be formatted by Sept. 3 and sent to printing vendors by Sept. 9 to ensure timely delivery to military personnel and overseas voters.

According to court proceedings, approximately 2,000 military and overseas voters could be affected if the matter is not resolved before those deadlines.

At the conclusion of the hearing, Skiles agreed to accelerate the schedule and set arguments for Friday.

"The opposition is due tomorrow no later than 3 p.m. Any reply is due on the 27, no later than 1 p.m. We'll have the hearing on the 28," Skiles said.

The expedited timeline could allow the court to determine within days whether Fresno County voters will see the transportation tax measure on their November ballots.

Following the ruling, the parties will have until September 3 to issue an appeal.

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