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Gov. Gavin Newsom’s push to force a controversial Fresno County transportation tax onto the November ballot has hit another legal roadblock after the county challenged a second judge in the case.
The battle comes as Fresno County fights Sacramento over a half-cent sales tax that would raise money for roads and other transportation projects.
The latest fight follows the state’s successful effort to remove Fresno County Superior Court Judge Robert Whalen from the case.
Attorney General Rob Bonta filed a motion Aug. 14 seeking Whalen’s disqualification, claiming the state and its lawyers believed the judge was prejudiced against California.
Whalen previously served on the Clovis City Council.
After he was removed, Judge Virna Santos was assigned to the case.
Fresno County then challenged Santos’ appointment, according to Supervisor Nathan Magsig.
“Judge Whalen was challenged by the state and removed. There was another judge that was assigned. The county of Fresno is disputing the most recent judge who was assigned,” Magsig said.
“A few years ago, that judge actually worked directly for one of the named individuals in our lawsuit,” he added.
Now the county is waiting for the Superior Court to assign yet another judge.
The timing could be critical.
Fresno County sued California, the Fresno County Clerk and supporters of the Better Roads, Safe Streets campaign after Newsom signed AB 1923 earlier this month.
The legislation requires Fresno County to put the citizen-backed transportation measure on the November ballot.
The measure would create a half-cent sales tax for roads and other transportation needs.
Three Fresno County supervisors had voted to order a 30-day review of the citizen-backed initiative, arguing that state election law allowed them to do so.
Newsom’s signature on AB 1923 effectively forced the issue back onto the November ballot.
Fresno County is now racing against a Sept. 9 ballot-printing deadline as the legal fight over Sacramento’s intervention continues.
“I’m confident that, when we do have that final judge in place that the concerns that the county has and then, of course, the rebuttals from the state will all be heard before that September 9th deadline,” Magsig said.
The fight comes as California Democrats continue looking for ways to replace declining gas tax revenue while the state faces a multibillion-dollar budget deficit and more drivers switch to electric vehicles.
Democratic lawmakers have also been exploring mileage-based taxes.
State legislators advanced Democrat Lori Wilson’s AB 1421, which would direct the California Transportation Commission and California Transportation Agency to continue studying mileage-based tax options rather than immediately imposing one.
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