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Fresno supervisors move county roads measure to March 2028, direct counsel to sue over AB 19 23

Fresno County Board of Supervisors · August 11, 2026
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Summary

After heated debate over Assembly Bill 19 23 and election‑code deadlines, the Fresno County Board of Supervisors voted 3–2 to consolidate a proposed transportation tax measure to the March 7, 2028 ballot and later directed county counsel to file suit challenging the constitutionality of AB 19 23.

The Fresno County Board of Supervisors voted 3–2 on Aug. 11 to consolidate a proposed county transportation tax measure — commonly referred to by speakers as Measure C — with the March 7, 2028 election, after a lengthy discussion about conflicting state rules and voter expectations.

County staff and the registrar confirmed the petition met signature sufficiency. The County Clerk/Registrar reported that "over 32,500 signatures were returned on petition sections" and that "over 23,000 were found to be valid," meeting the threshold for qualification, but the board debated the effect of Assembly Bill 19 23 on scheduling. The clerk told the board AB 19 23 includes two sentences that appear in tension: one directing qualifying initiatives certified by July 8 to be placed on the November 2026 ballot and a second that directs the registrar and the board to "perform the acts that they would otherwise perform to place a qualified initiative measure on the ballot." County counsel and supervisors said the language raised timing and elections‑law issues.

Supervisor Mendez said she wanted to "honor those people's wishes" who signed the petition but also stressed the board's duty to comply with applicable statutes and implementation requirements. After discussion, the board approved a motion to place the measure in the March 7, 2028 election and to adopt revised ballot language for clarity. The motion passed by a 3–2 vote.

Following a closed session later in the meeting, County Counsel reported the board had voted 3–2 to direct filing suit challenging AB 19 23. The counsel said the action will seek resolution of the constitutional and statutory conflicts raised by the new law and its interaction with existing election code timing provisions.

The board did not finalize ballot text at the meeting; county staff will return with stated language and materials necessary for the county voter information guide. The county clerk said she would proceed in accordance with the board’s direction and any court orders.

What’s next: staff will prepare the resolution and ballot materials for the March 2028 consolidation and county counsel will initiate litigation as directed by the board. Any legal filings and subsequent court rulings could affect the timetable and the county clerk’s duties to place the measure on a specific ballot.