The next time Fresno County voters will select a sheriff and district attorney will be in 2028 and not 2026, a Fresno judge ruled.

On Monday, Fresno County Superior Court Judge D. Tyler Tharpe agreed with the state’s position that a 2022 law that moved those elections to the same year as a presidential primary applies to Fresno County. This is despite a measure approved by voters in 2024 to keep the election in the same election year as the governor.

That means that the next time District Attorney Lisa Smittcamp and Sheriff John Zanoni can run is 2028.

Judge: Law is Valid, Voter-Approved Measure is Not

The law, AB 759 of 2022, reset the election date, and granted a one-time six-year term to sheriffs and district attorneys elected in 2022. Fresno County Supervisors countered by placing Measure A on the March 2024 ballot, returning to the original election cycle date of 2026. The measure passed with 55% of the ballot.

The law exempted charter counties such as Fresno County, which had a specific provision in its charter for an election date, as long as it was in the books prior to Jan. 1, 2021.

The state sued and won.

“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. Therefore, Measure A is preempted by AB759,” Tharpe wrote in his 21-page ruling.

Tharpe cited prior cases that cities and counties can enact law as long as it does not conflict with the state Constitution, which was not the case with Measure A.

The county also made the argument that its charter establishes the “term” of both the sheriff and DA at four years and that state law wrongfully takes away that power.

Tharpe disagreed.

Terms should not be confused with tenure, he wrote, citing from a prior case. The county can set terms, but not the timing of the election.

“Setting the term for which an official will serve is not the same as setting the timing of their election or the dates on which elections will  take place,” Tharpe wrote.

The judge called the one-time term extension a “fairly minor intrusion on the County’s power.”

Tharpe also discussed the power relationship between the state and county, noting that the county is a “subdivision” of the state. Counties have authority that is “expressly conferred by the Constitution and laws of the state.” That applies to the concept of “home rule,” Tharpe wrote.

If the county wanted to set specific years for the DA and sheriff elections, it could have previously done so in the charter. But, the charter defers to the state for timing decisions, Tharpe wrote.

County ‘Disappointed,’ City Attorney Pleased

Fresno County issued a brief statement after the ruling.

“The County of Fresno is disappointed with the Fresno County Superior Court’s ruling on Measure A, as Assembly Bill 759 dismisses the will and votes of Fresno County residents,” a statement from spokesperson Sonja Dosti said.

The board will make a decision on next steps at its June 10 meeting.

Fresno City Attorney Andrew Janz praised Tharpe’s ruling. Janz, at the city council’s urging, asked state Attorney General Rob Bonta to review the measure.

“This ruling does not come as a surprise as Measure A clearly violated state law. We applaud the Court for its ruling and congratulate Attorney General Bonta and his team for successfully litigating this case. Elections work best when more voters participate,” Janz said on Monday.

Smittcamp and Zanoni issued a joint statement after this story first published. Neither of their offices challenged the law, and they will leave it up to the Supervisors for the next step.

“We remain committed to fulfilling our responsibilities with integrity and dedication for the full duration of our terms. We remain focused on serving the people of Fresno County and upholding the public’s trust,” Smittcamp and Zanoni said.

Both said they had issues about the tactics the state legislature used when passing AB 759 in 2022.

Bonta also praised the ruling.

“There is nothing more fundamental to American democracy than the right to vote and make your voice heard,” said Attorney General Bonta. “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, Bonta said.

Added California Sec. of State Shirley Weber: “Our democracy works best when more citizens can participate in our elections.”