Fresno County is locked in a legal dispute with California over a proposed half-cent sales tax for transportation projects, a battle that has led the county to challenge two judges assigned to the case. The county is attempting to prevent the measure from appearing on the November ballot, facing a September 9 deadline for ballot printing.
Governor Gavin Newsom's office has pushed to place the transportation tax, known as the Better Roads, Safe Streets campaign, onto the ballot. This push was bolstered when Newsom signed Assembly Bill 1923 earlier this month, which mandates that Fresno County include the citizen-backed initiative. The measure would raise funds for roads and other transportation needs through a sales tax increase.
Judicial Roadblocks
The legal fight escalated when the state, through Attorney General Rob Bonta, successfully moved to disqualify Fresno County Superior Court Judge Robert Whalen on August 14. The state's motion claimed the judge was prejudiced against California. Whalen had previously served on the Clovis City Council.
Following Whalen's removal, Judge Virna Santos was assigned to the case. However, Fresno County then challenged Santos's appointment. Supervisor Nathan Magsig stated that the county disputed the latest judge because she had previously worked directly for an individual named in the lawsuit. The county is now awaiting the Superior Court's assignment of a third judge.
County's Stance and State Motivation
Magsig expressed confidence that a newly assigned judge would hear both the county's concerns and the state's rebuttals before the ballot printing deadline. The dispute arose after three Fresno County supervisors voted to order a 30-day review of the initiative, asserting that state election law permitted such a review.
The state's interest in such transportation funding measures comes amid declining gas tax revenues and a multibillion-dollar budget deficit. California Democrats are exploring alternative revenue streams as more drivers transition to electric vehicles. State legislators are also considering mileage-based taxes, with Assembly Bill 1421, advanced by Assemblymember Lori Wilson, continuing studies on mileage-based tax options without immediate imposition.