AG Opinions

Please note: Many factors, including subsequent legislation and court decisions, can affect the validity of past opinions. In most cases, determining the accuracy of past opinions requires a complete re-examination of the questions addressed in the opinion. It is impossible to maintain a constant review of the validity of past opinions. Our opinions are written to explain the legal issues and the law at the time the opinion is written.

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AG OpinionIssued OnTypeSize
AGO 2024-3
County election officers may constitutionally prohibit electioneering on private property within 250 feet of a polling place on election day. Cited herein: K.S.A. 21-6602; 21-6611; 25-2430; 25-2435
March 04, 2024PDF328.84 KB
AGO 2024-002
The Transient Guest Tax Act is a nonuniform act. As such, a county may exempt itself from provisions of the Act under its home-rule powers through a charter ordinance or resolution. Sherman County’s ...
March 04, 2024PDF311.60 KB
AGO 2024-001
 PDF1.03 MB
Election officials conducting postelection audits must review the official paper ballots identified in K.S.A. 25-2912 rather than printed ballot images.
December 19, 2023PDF1.51 MB
“Dispose of” (and like phrases) in 2023 House Sub. for S.B. 113, sections 4 and 11 (to be codified at K.S.A. 2023 Supp. 72-1439 and K.S.A. 2023 Supp. 72-3216(d)) means to deal with conclusively, give...
December 11, 2023PDF364.97 KB
A register of deeds cannot require a submitting land surveyor to certify that a survey complies with all zoning ordinances and regulations. Cited herein: K.S.A. 19-1434; 58-2005.
November 07, 2023PDF294.16 KB
Members of a public body may exclude other members of the body who have threatened litigation against the body from an executive session held to consult with the body’s attorney about the potential l...
October 18, 2023PDF299.12 KB
If an election recount requestor asks for a hand count of the original paper ballots, the recount must be conducted in that manner and not by using ballot images instead. Cited herein: K.S.A. 25-2912...
September 27, 2023PDF122.05 KB
K.S.A. 79-2988(b)(2)’s use of “shall” is mandatory. As a result, a governing body of a taxing subdivision may not levy a tax rate in excess of the revenue neutral rate where the county clerk fails to...
September 07, 2023PDF136.90 KB
A certificate of deposit qualifies as an individual savings account that may be designated as a first-time home buyers savings account under K.S.A. 58-4903. Although neither a savings account nor a c...
September 01, 2023PDF145.81 KB

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For opinions issued prior to 2023, please visit the opinions database hosted by the Washburn University School of Law.