Measure C opposition group asks court to resolve Fresno County voter guide challenge

The major opponents of Measure C’s 2022 renewal have asked the Fresno County Superior Court to order the county election chief to place their opposition argument in the November election voter guide.

The voter guide that the coalition is fighting to change, as currently constructed, features an argument against Measure C that was submitted by two members of the California Libertarian Party.

The No-on-C coalition argues it is the only committee officially formed to oppose Measure C’s renewal.

“We are asking the court to do what is necessary and what the registrar should have done: select the ballot argument that best informs voters,” said Luisa Medina, a former Fresno County planning commissioner who is a signatory in the court complaint, at a news conference in front of the county election clerk’s office on Friday.

“We had no other choice, since the registrar has refused to reconsider his decision.”

The county’s top election official, James Kus, said the county has no protocol for choosing voter guide arguments, so he chose the Libertarian argument over the entry submitted by the community coalition because his office received the Libertarian argument first.

That argument, which hints at attempts by bureaucrats to steal elections, appears on the ballot six other times in opposition to tax measures.

“How much election cheating are you willing to put up with?” the Libertarian argument asks voters.

“Are these public officials corrupt? All of them?…It’s almost like it’s a conspiracy.”

At the news conference, Medina said first-come, first-serve rationale isn’t backed up by election code.

“In a reasonable exercise of discretion, the registrar should have selected the more specific argument over a more general opposition to all tax increases, one that will already appear multiple times in the voter guide,” she added.

If the court agrees to entertain the coalition’s argument, a hearing would be held early next week where the county counsel would represent Kus.

The county has until Sept. 9 to submit the final version of the voter guide to the printer. The guide is due to go out to registered voters Sept. 29.

Supervisor Buddy Mendes: Elections chief seeks firm legal ground

This fall, voters are faced with the choice to approve or reject Measure C’s nearly $7 billion transportation spending plan, which was prepared by local political leaders including Fresno Mayor Jerry Dyer.

Citing internal polls that show that Fresno County voters want, first-and-foremost, their neighborhood streets improved, the plan’s proponents want to spend the majority of Measure C’s revenue over the next 30 years to repave local roads.

The plan’s major opponents, which include a union and former state assemblyman Juan Arambula, say that the plan does not do enough to build new sidewalks, improve public transit or fight climate change.

Kus chose to exclude the opposition’s arguments after the deadline to submit arguments passed Aug. 29. He said he made his decision without reading either of the arguments to avoid the possibility of bias. He said any other considerations were outside of his discretion as election chief.

Former Fresno County election officials Susan Anderson and Victor Salazar disagree with Kus. They say he should have used his discretion to select the opposition argument that is the most informative and useful to voters.

Even the Libertarians agree, asking Kus on Wednesday morning if they could withdraw their opposition argument for Measure C so the No-on-C coalition position could go in the voter guide, but Kus refused.

Fresno County Supervisor Buddy Mendes said that Kus wants to stand firm.

“I think all that matters is if James is sitting on legal ground, that’s where he wants to stay,” Mendes said. “As long as he did something that’s legal, that’s fine.”

This story was originally published September 2, 2022 at 7:55 PM.