California Attorney General Rob Bonta and Secretary of State Shirley N. Weber, Ph.D., have filed a lawsuit against Fresno County to challenge Measure A, an initiative that amends the county’s charter to shift 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 that these elections be held during the presidential election cycle due to traditionally 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,” stated 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 Resolution 23-287 approved by the Fresno County Board of Supervisors in August 2023, which led to a Special Election placing Measure A on the ballot for March 5, 2024. Voters approved Measure A at this primary election, resulting in amendments to Section 15 of the County Charter setting new dates for sheriff and district attorney elections in gubernatorial years.
The lawsuit argues that Measure A is overridden by Assembly Bill 759 (AB 759), enacted in September 2022. AB 759 stipulates that elections for district attorney and sheriff must occur during presidential primaries to ensure broader voter participation. This legislation applies universally across general law and charter counties unless specific provisions were established before January 1, 2021—a condition not met by Fresno County's Charter prior to Measure A.
A Public Policy Institute of California Research Briefing from 2002 indicates that approximately half of voter turnout differences among California cities can be attributed to election timing. Historically, off-cycle or “local-only” elections scheduled outside presidential cycles see significantly lower turnout compared to those coinciding with presidential elections.
Attorney General Bonta has emphasized his commitment to protecting voting rights both within California and nationally through various legal actions aimed at ensuring compliance with electoral laws.
A copy of the petition related to this case is available here.