Fresno tax lawsuit stalls as judges are repeatedly challenged

The dispute over a proposed half-cent sales tax to fund roads in Fresno County has become entangled in a series of judicial challenges. State Attorney General Rob Bonta filed a motion on August 14 to remove Judge Robert Whalen, claiming the judge was prejudiced against California. Judge Virna Santos was then assigned, but Fresno Supervisor Nathan Magsig said the county is contesting her appointment because she previously worked for a plaintiff in the lawsuit.

With the county still waiting for a new judge, officials stress the need to resolve the issue before the September 9 deadline for printing the November ballot, which was triggered by Governor Gavin Newsom’s signature on AB 1923. The tax initiative, backed by the Better Roads, Safe Streets campaign, is part of a broader state effort to replace declining gas-tax revenues amid a multibillion-dollar deficit and rising electric-vehicle use. Lawmakers are also considering mileage-based taxes, exemplified by AB 1421 introduced by Lori Wilson.