A group called Fresnans Interested in Fair Elections is suing the City of Fresno and City Attorney Andrew Janz, alleging violations of the city charter having to do with fundraising for city candidates.

The conflict has to do with the period in which candidates for city office are allowed to accept money for their campaigns. According to city charter, candidates can only take contributions between the opening of the filing period for an election and the end of the year in which the election is held.

Members of FIFE include candidates for elected office in the City of Fresno in the March 2024 primary election, according to a Fresno County Superior Court filing from Oct. 4.  They said they were injured by Janz, who in October 2023 issued a public memo stating that due to a 5^th Circuit Court of Appeals ruling in the case  Zimmerman V. City of Austin, the city would not enforce time limits.

In the case, an incumbent city council member challenged the city’s campaign finance regulations, stating they violated the First Amendment of the U.S. Constitution. The court upheld the city’s contribution limits but found time limits unconstitutional, Janz contends.

Attorney Jared Gordon is representing the petitioners behind Fresnans Interested in Fair Elections. In a memo attached to the lawsuit, he said the action “seeks to correct a mistaken legal analysis” by Janz.

Dion Bourdase is the only candidate named as a petitioner in the lawsuit. He sought election to the Fresno County Supervisor District 2 seat.  Supervisor Steve Brandau and Fresno City Councilmember Garry Bredefeld emerged as the top-2 vote getters for the seat, heading to a November runoff.

“The lawsuit is completely meritless.  The Fresno City Charter has zero bearing on County Supervisor races,” according to a statement from Janz’ office. “ It also appears they are raising issues already litigated in the County’s recent failed attempt to prevent campaign transfers by non-incumbents.  Time limits are unconstitutional and violate free speech under the first amendment.”

The time limit was added to the city charter in 1993 in the wake of the Operation Rezone case that saw members of the Fresno and Clovis City Council investigated by the FBI for accepting bribes from developers.

Fresno voters in 2018 were asked to consider Measure E, which would have removed charter provisions including the contribution time limit. Voters rejected Measure E.