Judge clears Measure S for November ballot, ending Fresno County's legal challenge

FRESNO COUNTY, Calif. (KFSN) -- Fresno County voters will decide the future of a countywide transportation sales tax this November after a judge ruled in favor of the State of California, ending a weeks-long legal battle over whether the measure could appear on the ballot.

Measure S, a proposed half-cent transportation tax intended to replace Measure C, officially secured its place on the Nov. 3 ballot following Monday's ruling from Fresno County Superior Court Judge Jonathan Skiles.

"The Superior Court today affirmed what voters have known all along ... it is up to voters, not politicians, to decide how we spend our transportation dollars in the future," said Veronica Garibay, principal officer of the Better Roads, Safe Streets campaign.

The dispute began after the Better Roads, Safe Streets initiative collected enough signatures to qualify for the ballot. Rather than immediately placing the measure before voters, the Fresno County Board of Supervisors ordered an impact report.

That review took 30 days to complete, delaying consideration of the measure and pushing any potential vote to March 2028, after the existing Measure C transportation tax is scheduled to expire.

In response, supporters turned to state lawmakers. Assemblymember Esmeralda Soria authored Assembly Bill 1923, legislation specifically requiring that Measure S be placed on the November ballot.

"I'm grateful for all the local leaders who came to us, including the West Fresno County mayors, that made sure that we can move forward in this election and allow people the right to vote," Soria said.

Fresno County then sued the state, arguing that Assembly Bill 1923 improperly bypassed county supervisors' authority and local election procedures.

After reviewing the case, Skiles found the state law to be valid and enforceable. According to the ruling, the county's actions prevented residents from "exercising their democratic right to vote on an issue of significant financial consequence."

The decision allows voters to determine the future of transportation funding throughout Fresno County.

"Well, we accept the ruling," Fresno County Supervisor Garry Bredefeld said.

County officials have decided not to appeal, effectively ending the lawsuit.

Supporters of Measure S criticized the legal challenge, arguing it unnecessarily consumed public resources.

"Fresno County litigating and suing to stop this from getting on the ballot was unfortunate and a misuse of taxpayer dollars in doing so," Garibay said.

Bredefeld, however, defended the county's decision to pursue the case, maintaining that state intervention in local election matters raises broader concerns about government authority.

With the legal questions now resolved, attention shifts to voters, who will decide in November whether to continue the half-cent sales tax that funds transportation and infrastructure projects across Fresno County.

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