FRESNO, Calif. (KFSN) — A judge has ruled that Fresno County’s transportation tax measure will appear on the November 3 ballot.
This ruling comes after weeks of legal disputes involving the state and Fresno County.
In a court document, the judge said that “the court declares AB 1923 is valid and enforceable,” adding that “any and all requests for temporary restraining orders and/or preliminary injunctions are denied.”
The judge agreed to fast-track proceedings since Fresno County Clerk and Registrar of Voters James Kus said all ballots must be formatted by September 3 and sent to printing vendors by September 9.
Court proceedings showed that 2,000 military and overseas voters would have been affected if the matter was not resolved before those deadlines.
Assembly Bill 1923 has been the center of the dispute. It is the legislation that would replace Measure C, the half-cent transportation sales tax that funds road, infrastructure and transportation projects throughout Fresno County.
Following this ruling, the parties have until September 3 to issue an appeal.
Fresno Mayor Jerry Dyer released a statement Monday afternoon:
“Today’s ruling brings much-needed clarity and ensures Measure S, the Better Roads, Safe Streets initiative, will appear on the November ballot.
A tremendous amount of work has gone into bringing Measure S before the voters. There have been disagreements along the way, but now is the time to put those differences aside and focus on transportation needs across all of Fresno County, including 15 incorporated cities. Our residents deserve improved neighborhood streets, safer roads and reliable public transportation.
The City of Fresno’s general sales tax measure, Measure D, was also placed on the ballot as a backup while the future of Measure S remained uncertain. At this stage, it is too late for the City to remove Measure D because the legal deadline has passed.
As a result, Fresno voters will see both measures on the November ballot. If both are approved, Measure S will take priority, and Measure D will not go into effect. This safeguard was included to ensure residents do not experience an increase in local sales tax.
Both measures were developed to address the funding gap created by the expiration of Measure C in 2027. Measure S provides a countywide solution, and I continue to support the work behind both measures, knowing they will not overlap. Ultimately, the decision now rests with the voters.”
