Kansas senators hear bill to validate Greeley County USD 200 bond election

The Senate Committee on Local Government, Transparency, Ethics held a hearing on Senate Bill 2 on a bill to validate the results of a May 21, 2024 special election in Greeley County in which voters approved a bond issue authorizing the USD 200 Board to issue general-obligation bonds not to exceed $4,600,000 to improve school facilities.

The bill’s backers told the committee the vote reflected the will of local voters and that a technical omission — posting election notices to a county website — should not defeat the result. Supporters asked the Legislature to ratify the election so the district can proceed with planned gym, locker-room and accessible-playground projects.

Charles, the committee revisor, briefed senators that Senate Bill 2 follows a familiar legislative format used to validate local elections and said that, if enacted, the bill would take effect upon publication in the Kansas Register. Clay Barker, general counsel for the Kansas Secretary of State, testified in support and cited a long-standing “will of the people” doctrine found in state law and practice. Barker read language from the statute during his testimony: “Notwithstanding the fact that the provisions of law may not have been fully complied with in noticing and and conducting a question submitted election ... whenever the greater number of votes were in favor of the question submitted, the question shall be deemed to have carried.” He said that doctrine and related statutes support validating the Greeley County result.

John Nehu, superintendent of USD 200 Greeley County Schools, told the committee he traveled to testify on behalf of the district and described the projects the bond would fund — an Americans with Disabilities Act–compliant playground, accessible locker rooms and a second-generation physical-education space. Nehu said the district met all requirements within its control, that its bond counsel provided required documentation to the county election office, and that the district paid for the special election. He said the county relied on an unofficial community website rather than an official county-managed site, and argued the county’s failure to post notice online should not nullify the voters’ choice.

Christie Hopkins, owner and editor of the Greeley County Republican, which the witnesses described as the county’s only print newspaper, told the committee the bond election was published in print and on the newspaper’s website and that there were no documented public complaints about lack of notice. Hopkins said the May vote carried by a narrow margin and that local coverage and a printed FAQ provided voters ample information.

Shannon Kimball of the Kansas Association of School Boards testified in support, describing the bill as preserving local control and enabling school districts to carry out constitutional duties to manage and improve facilities. Committee members questioned how to define a required “website” and noted the maintenance burden small counties face when statutes require online posting. The committee’s revisor checked statutes and said there is no statutory definition of “website”; definitions exist for related terms but generally assume common usage.

Committee members also discussed turnout and vote margin. Nehu said turnout in the special election was about 36 percent and that the count was close; he estimated the final vote was about 161 to 152 in favor. Hopkins confirmed turnout figures and that the newspaper published the notices in print and posted legal notices outside the paper’s paywall on its site.

No formal committee vote on the bill was recorded during the hearing; senators asked clarifying questions and the hearing was closed. Supporters urged clarifying statutory language going forward so local governments and school districts are not disadvantaged by variations in county web presence.

The committee did not take final action on SB 2 during the hearing.