California Attorney General Rob Bonta and Secretary of State Shirley Weber filed a lawsuit against Fresno County on Friday over a recently passed initiative that determines when the elections for district attorney and sheriff take place.
The two state officials claim that the county’s measure is preempted by a state law that explicitly requires counties to hold elections for district attorney and sheriff during the presidential election cycle.
The backstory: Fresno County voters passed Measure A in March, which set the elections for district attorney and sheriff to occur during gubernatorial, non-presidential election years.
The big picture: The state alleges that Measure A violates Assembly Bill 759, which was signed into law by Gov. Gavin Newsom in 2022.
- AB 759 requires that elections for district attorney and sheriff are held in conjunction with presidential primaries.
- Bonta and Weber argue that the only exception in AB 759 is for charter counties that had specified when such elections should take place before Jan. 1, 2021.
- According to the state, since Fresno County did not have a rule in place by then, Measure A violates AB 759.
The other side: Fresno County argues that AB 759 tried to extend the current term of district attorney and sheriff to six years by pushing the elections back from 2026 to 2028.
- Fresno County argues that AB 759 was an unconstitutional overreach by the Legislature.
- The county also argues that state law explicitly gives charter counties the ability to set the term of county elected officials.
What they’re saying: Bonta said that Measure A has the potential to suppress voter turnout by not requiring those elections in the presidential primary cycle.
- “State election law already provides election timing requirements crucial for voter turnout across the state,” Bonta said. “Ensuring that a large and more inclusive pool of voters can vote for candidates who reflect their values is a fundamental step to making democracy work. We’re asking the court to block Measure A. The California Department of Justice stands ready to defend the voting rights that make our democracy strong.”
- Last year the Fresno City Council directed Fresno City Attorney Andrew Janz to seek legal advice from Bonta on the measure.
- Janz said Friday that he “welcomes the state inquiry since DA and Sheriff elections have a profound impact on the enforcement and prosecution of crimes in the City of Fresno.”
- Fresno County said in a statement that it has no response to Janz, who is “an official who has no standing or jurisdiction with respect to the County charter and the County’s internal organizational matters under State law.”
