Measure S headed to November ballot after county loses lawsuit, won’t appeal

Fresno County’s attempt to keep a countywide transportation tax off the November ballot failed Monday. Judge Jonathan Skiles ruled the state didn’t break the law when it passed AB 1923 — a bill specifically requiring Measure S be put before voters this fall.

The county won’t appeal. That means voters decide in November whether to replace Measure C, the 40-year-old transportation tax expiring next summer.

Measure S is a half-cent sales tax that needs 50% + 1 to pass. Because it’s a signature-driven initiative, it doesn’t face the two-thirds threshold Measure C’s 2022 renewal required.

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Board Chair Garry Bredefeld called Measure S a “scam” in a statement Monday but said the county accepts the ruling. He blamed signature-gathering problems for the delay that led to the lawsuit in the first place.

The Better Roads coalition — community advocates and a bipartisan group of Fresno County mayors — pushed Measure S as a Measure C replacement. When the Board of Supervisors ordered a 30-day impact study instead of immediately putting it on the ballot, that delay would have pushed any vote to March 2028, after Measure C expires.

Assemblymember Esmeralda Soria authored AB 1923 to force the measure onto this year’s ballot. The county sued, arguing the legislature overstepped local authority. Skiles disagreed. His ruling said the county’s actions kept residents from “exercising their democratic right to vote on an issue of significant financial consequence.”

The lawsuit cost the county an estimated $55,000, according to county spokesperson Sonja Dosti. The final number won’t be known for a couple weeks.

Mayor Jerry Dyer, a Measure S supporter, will see both Measure S and the city’s own backup tax (Measure D) on the ballot. The city rushed Measure D onto the ballot while Measure S was stuck in court — a plan to avoid laying off more than 200 city workers if Measure C expires with no replacement. It’s too late to pull Measure D now, but it automatically voids if Measure S passes. Dyer said he’ll encourage voters to approve both.

The Breakdown

• Measure S is a half-cent countywide sales tax for transportation — a replacement for Measure C.
• It needs a simple majority (50% + 1) to pass, not the two-thirds supermajority Measure C required when it was renewed in 2022.
• Measure C expires next summer. Without a replacement, local governments face layoffs and service cuts.
• The Board of Supervisors ordered a 30-day impact study instead of immediately placing Measure S on the ballot after signature-gathering qualified it. That delay would have pushed any vote to March 2028.
• Assemblymember Esmeralda Soria’s AB 1923 required Measure S appear on the November 2026 ballot. The county sued, arguing the state overstepped. Judge Skiles ruled the state law is valid.
• Fresno voters will also see Measure D, a city-only sales tax the City of Fresno approved as a backup. If both pass, Measure S takes priority and Measure D is voided.

What This Means for You

You’re voting on whether to tax yourself to keep funding transportation. The Board of Supervisors tried to delay that vote past the point where the current funding expires — the state legislature stepped in and said no. A majority of the board opposes Measure S; a bipartisan group of mayors supports it. November is when you decide which side you’re on.

What You Can Do

Vote. Measure S and Measure D are both on the November 3, 2026 ballot. If you want to know what Measure S actually funds before you decide, the full text and any available impact studies should be in your county voter guide.

What to Watch

Measure C brought in transportation money for 40 years. Measure S is supposed to replace it. But the majority of the Board of Supervisors opposed putting this on the ballot and called it a scam. If Measure S passes, watch whether the supervisors who opposed the measure become its champions once the revenue starts flowing. The other thing: the City of Fresno approved Measure D as a backup while Measure S was in court. If Measure S passes and Measure D voids, the city avoids a double-tax. If Measure S fails, the city still has Measure D on the ballot.