FRESNO, Calif. (KMJ/KFSN) — Major changes are now on the way for some Fresno County elections after a court ruling on Monday.
In a 19-page decision, Judge Tyler Tharpe sided with Sacramento and agreed the elections for Fresno County’s District Attorney and Sheriff must change.
“State law now says that it has to take place at the presidential primary stage,” Action News Legal Analyst Tony Capozzi said.
The ruling has an immediate impact, extending the terms of District Attorney Lisa Smittcamp and Sheriff John Zanoni by two years to 2028.
Supporters of the change say it will increase voter participation. But, critics have argued it is a power play to influence the vote, putting local law enforcement officials on the ballot when Democrats are known to turn out in higher numbers.
“Yeah, I’m happy with two more years. I don’t think anybody is saying, ‘Yes, I want to go out and campaign sooner.’ But again, it’s what’s best for the people of Fresno County,” Sheriff Zanoni told Action News last year.
Judge Tharpe’s ruling “invalidates” Measure A, throwing out something nearly 55 percent of voters supported just last year when they chose to keep the two county elections in “off years.”
“Just because a measure passes or a proposition passes, does not mean that it meets the constitutionality,” Capozzi said.
It all came down to just one word in the state Constitution: “Terms.” Should it be interpreted narrowly, only as the length of time in office, or broadly, as in the length and election date?
“The court, in interpreting the charter, says you have the right to determine how long the term is, but you don’t have a right to determine when that election will take place for those particular offices,” Capozzi said.
With the new election dates now set, Fresno City Attorney Janz has weighed in after he pushed for review.
“We applaud the Court for its ruling and congratulate Attorney General Bonta and his team for successfully litigating this case,” Janz wrote in a statement. “Elections work best when more voters participate.”
In a separate statement, District Attorney Lisa Smittcamp and Sheriff John Zanoni raised concerns about how the state law came to be and a lack of local control.
County officials will now discuss how to move forward next week. They could decide to appeal.
