Judge hears arguments in Measure S lawsuit between Fresno County and state of California
FRESNO, Calif. (KFSN) -- The future of Fresno County's proposed transportation sales tax now rests with a judge after attorneys for the county, the state and measure supporters squared off in court Friday over whether Measure S should appear on the November ballot.
The hearing marked the first time a judge considered arguments in Fresno County's lawsuit against the State of California and Fresno County Clerk and Registrar of Voters James Kus. The county is seeking to block Assembly Bill 1923, legislation that would place Measure S before voters on Nov. 3.
"The bottom line is this: Measure S is a complete scam, and if it's on the ballot in November, we're going to work to defeat it," Fresno County Supervisor Garry Bredefeld said following the hearing.
At issue is the proposed successor to Measure C, the half-cent transportation sales tax that funds roads, infrastructure and transportation projects throughout Fresno County and is scheduled to expire next year.
County officials argue existing elections law already provided a process for the measure to qualify for the ballot. However, that process included a 30-day review period, which pushed the proposal beyond key election deadlines and onto a later ballot.
Attorneys for the county also contend that Assembly Bill 1923, which applies specifically to Fresno County, amounts to unconstitutional special legislation.
"If the general law that's in play could have resulted in the results sought by the legislature ... then the statute is unconstitutional," attorney Brian Hildreth argued.
During the hearing, Fresno County Superior Court Judge Jonathan Skiles challenged portions of the county's position, noting that county officials may have had options to accelerate the review process rather than using the full 30 days.
"They could have done a number of things. They could have said, 'We still want the report, but please get it to us by this date.' So to say that they were somehow boxed into the corner, I think it was just slightly different," Skiles said.
The state has argued that preventing Measure S from appearing before voters would deny residents the opportunity to decide the issue themselves. Court filings describe voting as "one of the most precious rights of our democratic process."
Supporters of the measure also warned of significant financial consequences if the tax is delayed, arguing that Fresno County could lose more than $100 million in transportation funding.
"That is real harm. That is a practical, just real world result of the board's decision to delay this," said Kristen Rogers, an attorney representing supporters of the measure.
If approved by voters, Measure S would continue the half-cent sales tax currently collected through Measure C on purchases such as clothing, furniture and electronics. If the measure fails, those purchases would become 0.5% cheaper when Measure C expires in June of next year.
Supporters say the decision should ultimately belong to voters.
"Politicians should not be allowed to ask us for our money and then decide for themselves how they spend it. That's actually not democracy," said supporter Sandra Celedon.
Judge Skiles did not issue a ruling Friday. A decision is expected Monday morning.
The parties would then have until Sept. 3 to file an appeal. If the court rules in favor of Fresno County, Measure S would not appear before voters until 2028.
