Judge blocks Fresno bid to reschedule DA and sheriff elections

(CN) — A state court judge on Monday struck down Fresno County’s effort to reschedule elections for district attorney and sheriff to off-years, dealing a blow to a 2022 ballot measure that sought to lower campaign costs and reduce political noise.

"While the County does have the authority to set the terms of its elected officials, it is not authorized under the California Constitution to set the dates on which the elections of local officials will be held," Superior Court Judge Tyler Tharpe wrote in his ruling.

Fresno voters passed Measure A in 2022 by a 55% vote. The referendum aligned district attorney and sheriff elections with gubernatorial races, when turnout is typically lower than in presidential years. The state sued, arguing that Assembly Bill 759—a 2022 law targeting those offices—preempted the measure.

“There is nothing more fundamental to American democracy than the right to vote and make your voice heard,” said Attorney General Bonta in a written statement on Monday. “With Measure A, Fresno County threatened to undermine that fundamental right, intentionally seeking to move elections for sheriff and district attorney to off years when voters are far less likely to show up and cast a ballot. Our democracy works best when everyone can participate."

Perhaps ironically, the ruling is likely good news for the district attorney and sheriff — their reelection bids will be pushed back from 2026 to 2028, effectively extending their terms to six years. According to a press release by the Fresno County Board of Supervisors, its members "will discuss potential next steps during its closed session on Tuesday, June 10, 2025."

"We continue to have serious concerns about the legislative process that led to the enactment of AB 759," said District Attorney Lisa Smittcamp and Sheriff John Zanoni in their own press release, following the ruling. "Local governments and voters were excluded from a policy decision that directly affects the terms of their elected officials."

Fresno County attorneys argued that Assembly Bill 759 was unconstitutional and didn’t apply to them because Fresno is a charter county. But Judge Tharpe ruled that AB 759 explicitly covers charter counties—except those whose charters, as of January 1, 2021, already specified election timing. Fresno’s ballot measure came three years too late.

Attorney General Bonta and others have called off-year local elections undemocratic, noting they depress turnout compared to presidential years. Fresno’s district attorney, meanwhile, argued that off-year races are cheaper to run, with lower demand for ad space and consultants.

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