Fresno defeats challenge to local campaign finance rules filed by ex-candidates

A judge has ruled in favor of Fresno City Attorney Andrew Janz in a case filed by a group of former candidates over off-year campaign contributions to city officials.

Fresno County Superior Court Judge Robert Whalen ruled that Janz was following the orders of the Fresno City Council, adding that the city’s municipal code prevents him from enforcing a statute from the city charter regarding campaign contributions. 

Flashback: In October of last year, a group named Fresnans Interested in Fair Elections (FIFE) filed a lawsuit against Janz because then-city councilmembers raised money in their campaign accounts before actually filing to run for a different position. 

Former Fresno County Board of Supervisors District 2 candidate Dion Bourdase was the only person named in the lawsuit as part of FIFE. FIFE said in the lawsuit that some of its members were candidates in the March 2024 primary for city and county offices. 

Bourdase lost in the March primary, and the District 2 election was later won by Garry Bredefeld, who was serving on the Fresno City Council at the time. 

The backstory: The lawsuit stemmed from Bredefeld and Fresno County Supervisor Luis Chavez transferring tens of thousands of dollars from their city campaign accounts to their county campaign accounts. 

FIFE argued that Bourdase and the other unnamed candidates in the group were harmed by Janz when he issued a public memorandum in October 2023 stating that candidates are not limited to a specific window of time for fundraising. 

Janz said at the time that the city does not enforce campaigning windows because of a decision from the U.S. Fifth Circuit Court in Zimmerman v. City of Austin in 2019. That ruling meant Fresno would not enforce Charter Section 309, which limited candidates from accepting campaign contributions prior to filing nomination papers, or following the year in which the election is held. 

The big picture: In his ruling, Whalen noted that the Fresno City Council adopted an ordinance in April 2018 ordering city staff to not enforce Charter Section 309. 

Whalen also wrote that Janz and the city found a conflict between Charter Section 309 and the U.S. Constitution because of the Zimmerman decision, which allowed Janz to not enforce limits on fundraising windows. 

What they’re saying: “I am thankful for Judge Whalen’s ruling upholding the power and authority of the City Attorney,” Janz said in a statement to The Sun.