Golden State Today

California Attorney General Rob Bonta and Secretary of State Shirley N. Weber, Ph.D., have filed a lawsuit against Fresno County, challenging Measure A, an initiative that amends the county’s charter to move elections for district attorney and sheriff from the presidential cycle to the gubernatorial cycle. The lawsuit contends that this measure is preempted by state law, which mandates these elections be held during the presidential election cycle to ensure higher voter turnout.

“Our democracy works best when everyone can participate and make their voices heard. Fresno’s Measure A unlawfully conflicts with California law and has the potential to suppress voter turnout,” said Attorney General Rob Bonta. “State election law already provides election timing requirements crucial for voter turnout across the state. 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.”

“The broadest participation by the electorate is essential for local elected offices, like sheriffs and district attorneys, because these positions have a direct impact on public safety,” said California Secretary of State Shirley Weber, Ph.D.“Because this attempt to move these elections away from the presidential election cycle violates state law and would suppress participation, we have filed this lawsuit to ensure that the rights of all voters are protected.”

The legal action follows the Fresno County Board of Supervisors' approval of Resolution 23-287 in August 2023, which called a Special Election placing Measure A on the ballot for March 5, 2024. Voters approved Measure A at this primary election, amending Section 15 of the County Charter to set election dates for sheriff and district attorney in gubernatorial years.

Attorney General Bonta and Secretary Weber argue that Measure A is preempted by Assembly Bill 759 (AB 759), signed into law in September 2022. AB 759 requires elections for district attorney and sheriff to be held during presidential primaries to ensure broader voter participation. The bill applies to both general law and charter counties unless specified otherwise before January 1, 2021—a condition not met by Fresno County’s Charter prior to Measure A's passage.

A Public Policy Institute of California Research Briefing from 2002 indicates that about half of voter turnout differences among California cities can be attributed to election timing. Local contests coinciding with presidential elections saw a 36 percent higher turnout than off-cycle elections. Thus, Measure A could potentially reduce voter participation in Fresno County’s critical local elections.

Attorney General Bonta remains committed to protecting voting rights statewide and nationally. In recent years, he has taken various actions including urging judicial protection of voting rights in California, opposing municipal voter ID amendments violating state laws, and supporting challenges against disenfranchisement provisions in other states.

A copy of the petition is available here.

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