Serine
Kansas Attorney General Kris Kobach has cautioned the Johnson County Commission against holding an election to renew a public safety sales tax, arguing that the proposal may exceed legal boundaries under state law.
According to Kobach, the commission’s action to place the tax measure on the November 2025 ballot could be deemed unauthorized, as it might represent the introduction of a new tax rather than a renewal of an existing one.
Legal Authority in Question
Kobach stated that new taxes in Kansas must be enacted only under specific and limited conditions as defined by law.
“Imposing new taxes on Kansans is allowed only in narrowly defined situations and must strictly follow Kansas law,” Kobach said. “Johnson County is violating the law by attempting to impose this tax for the current proposed purpose.”
The proposed tax would support mental health services and emergency medical response, but Kobach’s opinion, which was requested by Republican Senator Mike Thompson, suggests that the measure may be null and void if challenged in court.
Is It a Renewal or a New Tax?
Although the commission frames the tax as a renewal, Kobach asserts it should be considered a new imposition, which alters the legal context. If a court agrees with this interpretation, the resolution may be struck down entirely.
County’s Response to the Legal Opinion
In response, Johnson County officials issued a statement saying the Board of County Commissioners is currently reviewing the Attorney General’s opinion:
“While the opinion does not carry the force of law and is not binding on courts or other entities, the Board is reviewing and considering its content carefully.”
Background on the Public Safety Tax
The existing quarter-cent Public Safety Sales Tax III was initially approved by voters in 2016 and is scheduled to expire on March 31, 2027. The county’s proposed ballot measure aims to extend this tax beyond its expiration to continue funding critical public safety initiatives.
As Johnson County pushes to renew a key public safety tax, the Attorney General’s intervention introduces significant legal uncertainty.
Whether the proposal proceeds or is withdrawn may depend on further legal interpretation or court involvement. For now, the county remains in a holding pattern, reviewing its options amid growing scrutiny.