First 5 commissions in Fresno, Madera and Merced counties plan to sue today to stop Gov. Jerry Brown from taking $1 billion from early childhood programs statewide to fill California’s budget hole. The commissions are the first in the state to ask the courts to invalidate legislation signed by the governor last month requiring them to turn over the money. They plan to file a petition in Fresno County Superior Court. The First 5 commissions contend that only voters have the authority to approve a state takeover of the funds, which provide services to young children. The funds were created from a Proposition 10 tobacco tax approved by voters in 1998.