FRESNO — The Fresno County Board of Supervisors voted Tuesday to pursue litigation against the state over Assembly Bill 1923 and to adopt a county timeline for a replacement to the county's transportation sales tax, deepening a dispute that could determine whether voters decide the measure this November.
Board votes to sue, clerk signals moves to place measure on ballot
The 3-2 vote to seek legal action came after months of contention around the citizen-led Better Roads, Safe Streets initiative, which would replace Measure C, the county sales tax used to fund transportation projects that is set to expire next July. Supervisors Nathan Magsig, Buddy Mendes and Gary Bredefeld voted to challenge state action; Luis Chavez opposed the maneuver and argued the initiative should remain on the November ballot.
Fresno County Clerk and Registrar of Voters James Kus told the board the initiative had qualified for the ballot but that AB 1923 contained conflicting language and that additional steps were required before a ballot question could be finalized.
"The two sentences in Section One of AB1923 are effectively saying ignore this election and the other saying follow all election law," Kus said, adding that he did not yet have the ballot question or the necessary information for the county voter registration guide.
County counsel read an amended resolution to the clerk that included delaying the board's own vote on placing a measure until March, a date supporters said was necessary because the initiative did not meet timing requirements for a November election. Board supporters argued the delay was appropriate; opponents said it disregarded the signatures collected by proponents.
Split over process, not just policy
Supervisor Chavez emphasized the role of voters, saying the measure had received about 32,000 signatures and that the board should defer to residents who circulated the petition. Supporters of litigation, including Bredefeld, defended the board's actions and criticized the legislation as targeting Fresno County.
"This board did nothing wrong. It followed state election laws," Bredefeld said, adding that he believed the legislation targeted Fresno.
The state law at issue, AB 1923, was signed by Gov. Gavin Newsom and was intended to require the county to "perform the acts necessary" to put the qualified initiative on the November 2026 ballot. County officials, however, contend the bill conflicts with existing election law and that the board retains authority to determine the timing when procedural requirements have not been met.
What happens next
After the board's open meeting, supervisors moved into closed session to discuss potential litigation. County counsel later announced that the board would pursue legal options. Meanwhile, the county clerk indicated his office would proceed with the processes necessary to place the citizen-led measure on the November ballot unless restrained by the courts or further legal developments.
- Board vote: 3-2 to pursue litigation (Magsig, Mendes, Bredefeld for; Chavez against)
- Signatures reported: about 32,000 on the initiative petition
- Key dates: county sales tax Measure C expires next July; AB 1923 aims to secure placement on the November 2026 ballot; supervisors referenced a March 7, 2028, date in discussions
The dispute sets up a rare scenario in which county government is simultaneously contesting state action and debating whether county election officials should place a citizens' initiative before voters. The outcome will determine whether Fresno voters will decide the future of their transportation funding this November or whether the matter is delayed while courts weigh the competing interpretations of state and local election law.
| Item | Detail |
|---|---|
| Board vote | 3-2 to pursue litigation |
| Signatures reported | ~32,000 |
| Potential ballots | November 2026 (per AB 1923) or March 7, 2028 (board discussion) |
As the legal process unfolds, Fresno residents and local officials will be watching whether the courts side with the board's interpretation of election procedures or with the state's effort to ensure the citizen initiative appears on the upcoming ballot. Either outcome will shape transportation funding and the political dynamics in Fresno County heading into the next election cycle.
