MAGA Hats OK at Polls, but Electioneering Is Strictly Prohibited

By David Taub, Senior Reporter

Published 3 weeks ago on

October 31, 2024

A sign reminds voters not to electioneer next to the Fresno County Election office, which also is a polling location. (GV Wire/David Taub)

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Fresno election officials say a MAGA hat while voting is OK, but anything with a candidate’s name, likeness, or logo violates the law.

At a Thursday news conference, Fresno County Clerk/Registrar of Voters Jams Kus, District Attorney Lisa Smittcamp, and Sheriff John Zanoni reminded voters not to electioneer within 100 feet of a polling place. That includes ballot boxes and drive-through locations.

Doing so would violate two election codes (here and here). Distributing campaign material is also a violation.

Election workers will ask voters who engage in electioneering to cease, or they will be turned away. Refusal to leave could result in calling law enforcement.

By Saturday, all 53 voting centers will be open through 8 p.m. Tuesday.

Kus said there has been only one instance of a voter being turned away for refusing to comply. Smittcamp said her office received one referral, but declined to prosecute, “because the facts don’t don’t necessarily rise to the level of a crime,” she said.

“We need to be respectful for other voters and for our workers who are there to provide a service to you. We want to help you vote the way that you want to vote,” Kus said.

Kus said law enforcement isn’t expected to be stationed at voting locations.

Smittcamp also said that intimidation is a crime.

“It is not your First Amendment right to threaten people,” Smittcamp said.

Radio Park Renovations on Hold

The Fresno City Council rejected bids to renovate Radio Park. City staff said only two companies bid on the project, and the lowest bidder at $10 million was 38% higher than the staff estimate of $7 million.

Because of its size, the project included a Project Labor Agreement — a pact with local labor groups for union hires. Unions say PLAs ensure that projects are done on time and on budget.

The Coalition for Fair Employment in Construction — an anti-PLA group — in a news release said the PLA caused the overbid and rejection.

The city staff report cited “concerns with the underground utilities and the bidder’s responsibility to avoid them as several serve the radio tower structure.”

Staff also said bidding for another unidentified large park limited the number of bidders.

The city council voted 5-0 on the consent calendar with no discussion. Annalisa Perea, Mike Karbassi, Luis Chavez, Garry Bredefeld and Nelson Esparza voted in favor. Miguel Arias was absent for the vote, and Tyler Maxwell missed the meeting.

Bids to renovate Radio Park in central Fresno came in well over what the city is willing to pay. (GV Wire/Jahz Tello)

Downtown Auto Shop Wins Approval

A-1 Auto Electric wanted to expand to a vacant building across the street from its location on Stanislaus Street between M and N streets. It won approval from the planning department, but Arias appealed to the planning commission.

The planning commission also approved the expansion, but Arias appealed it to the city council. Arias was OK with the move but expressed concerns about the YMCA building a block away — also owned by A-1 and used as a storage lot.

The YMCA closed in 2009. Part of the building has an “X” sign on the side, meaning it is unsafe for firefighters to enter in case of a fire. Arias wanted A-1 to take care of the YMCA building.

As a compromise, Arias supported plans for the A-1 expansion across the street, with the owners submitting conditional use permit plans to fix the YMCA within 90 days. It passed 6-0.

A-1 Auto Electric won approval to expand across the street from the Fresno City Council, as long as it fixes the old YMCA building it owns. (GV Wire/David Taub)

Fresno Campaign Finance Reformers 0-for-2 in Court

On Wednesday, Judge Robert Whalen denied a second attempt by Fresnans Interested in Fair Elections to limit the window when candidates can raise funds.

Former Fresno County Supervisor candidates Dion Bourdase and Assessor-Recorder Paul Dictos appeared at the hearing. Both failed to advance in the March primary. Councilmember Garry Bredefeld did advance. Court documents showed he raised funds for his city account outside of what FIFE claims is the allowable time window.

The city charter states that candidates for city office — city council and mayor — can only raise funds from the opening of the nomination period through the end of an election year. In 2018, the City Attorney’s Office — citing new case law — opined that the limit was constitutionally unenforceable.

An attempt in 2018 to have voters codify that opinion failed, and FIFE wants the city to go by the book.

Whalen’s ruling only affects the timing of a decision. He told FIFE attorney Jared Gordon to schedule a court hearing on the merits of the case after the Nov. 5 election.

“Judge Whalen’s ruling was not unexpected. The plaintiff’s case is without merit,” City of Fresno Attorney Andrew Janz told Politics 101.

FIFE member Dion Bourdase (left) chats with attorney Jared Gordon and Assessor-Recorder Paul Dictos after a judge ruled against them in a procedural hearing. (GV Wire/David Taub)

Live Long and Prosper

Today is Halloween, and Councilmember Mike Karbassi got into the spirit dressing as Mr. Spock. City Manager Georgeanne White donned a Snow White outfit.