A court case to decide when a Fresno County tax vote will take place has its third judge in a week.
On Thursday, the court appointed Judge Lisa Gamoian to oversee the case.
Fresno County and two other plaintiffs are suing the state of California and Fresno County Clerk/Registrar of Voters James Kus over a state election law, AB 1923. The law, introduced and signed over a hectic four-day period earlier this month, bypasses the Fresno County Board of Supervisors’ right to place the tax ballot on the measure.
California Attorney General Rob Bonta used a peremptory motion to disqualify the first judge assigned to the case, Robert Whalen. In its motion, the state said Whalen would be prejudiced against them but did not provide details.
Fresno County used the same type of motion to remove Whalen’s replacement, Judge Virna Santos. As a private-practice attorney prior to becoming a judge, Santos once represented the bill’s author, Esmeralda Soria, in a legal case.
Supervisor Garry Bredefeld told The Bee it was because of Santos’ previous representation of Soria that the county moved to disqualify her.
The court docket lists Aug. 25 as a status conference. It also lists Sept. 23 as a hearing for a motion for preliminary injunction.
In its legal complaint, the county said the first deadline to send ballots to the printer is Sept. 9.
Tax measure will be on ballot, but when?
The Better Roads, Safe Streets campaign collected enough signatures to send a half-cent transportation tax to the ballot. The question is, will voters decided on Nov. 3 or March 7, 2028?
Now known as Measure S, the supervisors voted in July to order an economic impact study of the measure. Doing so delayed the formal vote to place the item on the ballot after the Aug. 7 deadline required for the November election. Measure S would appear at the next statewide election in 2028.
Responding to local outrage, Soria, a Democratic assemblymember from Fresno, and state Sen. Anna Caballero, D-Merced, wrote a law that would require Measure S to appear on the November ballot. The county said the law unfairly singled out Fresno County and “usurped” local authority.
Measure C, the current Fresno County transportation tax, expires June 30, 2027. City of Fresno voters will also see Measure D, a similar half-cent sales tax measure. Measure D is not specific to transportation projects and could be spent in any manner determined by the city’s mayor and council. But its initial purpose was to try and recoup lost tax money when Measure C expires, if the county succeeded in delaying a replacement ballot measure until 2028. The city’s version would sunset in either ten years or if voters approved or eventually another county transportation tax.
Fred Vanderhoof, the former Fresno County Republican Party chair, and Michael Der Manouel Jr., an insurance executive and conservative activist are also plaintiffs. The official supporters of Measure S, including Fresno Mayor Jerry Dyer, are listed as real parties in interest.
Gamoian, who handles unlimited civil trials, won election to the Fresno County bench in 2014. The election was one of the most contentious in recent memory, defeating Rachel Hill. Gamoian won re-election uncontested in 2020 and 2026.
This story was originally published August 21, 2026 at 10:08 AM.
Related Stories from Fresno Bee
The Fresno Bee
David Taub joined the Fresno Bee in 2026 after reporting 10 years for digital publication GV Wire. He has worked in the Fresno market since 2007. Prior to moving to the Central Valley, he worked for TV and radio stations on the Central Coast. He has also worked behind the scenes in local TV and radio. During his career, he has covered City Hall, the state Capitol, the White House and several houses of government in between. When not in a reporting capacity, he works tracking stats for the Fresno Grizzlies as an official scorekeeper, and also with televised basketball and football games. He has worked the Super Bowl, NBA Finals, and several MLB games. Growing up in the San Francisco Bay Area, Taub is a die-hard Giants and 49ers fan. He graduated from the University of Michigan with dual degrees in communications and political science. Go Blue!