Kansas Legislature Seeks to Validate Greeley County School Bond Issue Despite Technical Violation

Jan 29, 2025 at 12:38 AM

The Kansas Secretary of State and Republican legislators have thrown their support behind a bill that aims to overturn the state attorney general's decision. This decision had invalidated a $4.6 million bond issue for Greeley County public schools due to a technicality related to voter notification procedures. The bond was intended to fund school construction and playground improvements in a district with just 230 students, located near the Colorado border. Attorney General Kris Kobach ruled that the election did not comply with a new state law requiring website notifications, despite the county's small population and alternative methods of informing voters.

Legislative Support for Voter Intent

The proposed Senate Bill 2 seeks to honor the will of the voters who approved the bond issue in May. Greeley County, home to only 1,180 residents, saw 36% of registered voters participate in the election. Deputy Secretary of State Clay Barker emphasized that the state has historically upheld the principle of respecting voter decisions, even when procedural errors occurred. This approach has allowed multiple bond elections with minor defects to remain valid without legislative intervention.

Christy Hopkins, editor of the local newspaper, highlighted the extensive efforts made to inform the community about the bond issue. Official legal notices were published in the newspaper, which has a circulation exceeding the number of households in the county. Additionally, the school district provided detailed information on its website, including project renderings and answers to frequently asked questions. Senator Bill Clifford remarked that it would be nearly impossible for residents to remain unaware of the election, given the widespread coverage.

Addressing Legal and Practical Concerns

Supporters argue that the law requiring website notifications may have been poorly written and should be reconsidered. Senator Joseph Claeys noted that while the school district made every effort to inform voters, the law itself might need amendment. Superintendent John Niehues confirmed that the district self-reported the oversight to the attorney general's office, emphasizing that the lack of a website post did not hinder public awareness of the election.

Lobbyist Shannon Kimball from the Kansas Association of School Boards urged the Senate committee to prioritize fairness and good public policy by supporting the bill. She argued that applying the website notification requirement in this case would be fundamentally unfair, especially considering the minimal impact of the technical violation on voter knowledge. The committee is now tasked with balancing legal requirements against the clear intent of the electorate, as reflected in the overwhelming support for the bond issue.