Fourth Judge Takes Fresno Transportation Tax Case, Ruling Due Friday

A Fresno County Superior Court judge set a Friday hearing on whether the county’s transportation tax measure appears on the November ballot or gets pushed to 2028.

Judge Jonathan Skiles is the fourth judge assigned to the case. Judge Lisa Gamoian was the third judge disqualified after two other judges cycled through.

The case is Fresno County suing the State of California and County Clerk James Kus over Assembly Bill 1923 (also known as Measure S), which would replace Measure C — the half-cent sales tax funding roads and infrastructure.

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Attorneys for all sides appeared virtually Tuesday. They told Skiles the election calendar is closing fast.

“September 3 is the final date by which any change to the ballot could be made,” attorney Gary Winuk said. Ballots go to printing vendors Sept. 9 for military and overseas voters — about 2,000 people.

Skiles agreed to the rush. Opposition briefs are due Wednesday at 3 p.m., replies by 1 p.m. Thursday, arguments Friday.

“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, pushing for the expedited schedule.

After the ruling, parties have until Sept. 3 to appeal.

The Breakdown

• Fresno County sued the state and its own clerk over when Measure S — the transportation tax replacing Measure C — goes on the ballot.
• Three judges were removed or reassigned before Jonathan Skiles took the case Tuesday.
• Skiles set Friday as the hearing date, with a ruling expected within days.
• Ballots must be finalized by Sept. 3 and sent to printers by Sept. 9 to reach military and overseas voters on time.

What This Means for You

Whether you vote on a new transportation tax this November or wait until 2028 depends on this ruling. Measure S would replace Measure C, the half-cent tax that funds road work across Fresno County. The county government is suing the state over control of when voters get to decide on this funding source. The answer comes Friday.

What to Watch

The lawsuit itself is the story here — Fresno County is suing the state to control the timing of a tax measure voters will ultimately decide.

Whether the Friday ruling sticks or triggers an immediate appeal by Sept. 3 will determine whether this ballot gets finalized or the fight continues.