Fresno County Superior Court Judge Jonathan Skiles rejected the county’s challenge to a state law that required Measure S to be placed before voters this November.
The decision ends a contentious legal battle over when Fresno County voters should decide the proposed half-cent transportation sales tax.
Measure S Will Go Before Voters
Measure S would establish a half-cent countywide sales tax dedicated to transportation projects.
If approved, the measure would replace Measure C, the existing transportation tax scheduled to expire June 30, 2027.
According to the measure, the tax could generate approximately $7 billion over 30 years for transportation-related projects across Fresno County.
Supporters gathered enough signatures to qualify Measure S for the ballot, but the process became complicated after county officials identified duplicate signatures that required additional verification.
Why Did the Ballot Become a Legal Battle?
The Fresno County Board of Supervisors ordered a 30-day economic impact study before deciding when Measure S should go before voters.
That process pushed the county’s decision beyond the Aug. 7 deadline for placing measures on the November ballot.
The supervisors subsequently moved the measure toward a March 2028 election instead.
State lawmakers responded by passing AB 1923, legislation specifically addressing the Fresno County situation and requiring Measure S to appear on the November ballot.
Fresno County then sued, arguing that the state had exceeded its constitutional authority.
Judge Rejects County’s Challenge
In his ruling, Judge Skiles concluded that the state legislature had the authority to pass the special law because of the potential financial consequences of delaying the transportation measure.
The judge also questioned the county’s use of the economic impact study, concluding that the study was not necessary to determine whether the qualified initiative should be placed on the ballot.
The ruling means Measure S will remain on the Nov. 3 ballot.
Fresno County Will Not Appeal
Fresno County Board of Supervisors Chairman Garry Bredefeld said the county will accept the ruling and will not appeal the decision.
Bredefeld said his focus will now shift toward opposing Measure S during the November election.
The Measure S campaign, meanwhile, called the ruling a victory for the voters who signed the petition and argued that voters should ultimately decide whether the transportation tax should continue.
What Happens Next?
The legal battle is now over, but the political debate is just beginning.
Fresno County voters will decide in November whether to approve Measure S and continue dedicated funding for transportation projects.
The decision could have major implications for roads, transportation funding and local infrastructure throughout Fresno County.
