Johnson County withdraws planned March mail ballot after court limits sales-tax uses

Johnson County’s Board of County Commissioners unanimously approved a resolution Dec. 11 to withdraw the call of a special mail ballot election for a proposed public-safety retailer sales tax scheduled for March 3, 2026.

Chief Counsel Peg Trent told the board a Shawnee District Court judge issued an opinion on Dec. 9 interpreting the county’s ballot and related statute. “The decision indicated that funds for public safety are limited to the use of construction of law enforcement facilities, as well as operations related to those facilities,” Trent said, and recommended withdrawing the ballot language because the court’s interpretation made the current ballot language improper.

Ben Hobert, a registered public commenter, criticized the earlier proposition and the county’s subsequent litigation, saying the proposition had “clearly exceeded the board’s statutory authority” and calling the earlier process “a grossly negligent decision.”

Commissioner Hanslick moved the resolution to withdraw the call of the special mail ballot; the motion was seconded and the clerk recorded a 7-0 roll call in favor. The resolution directs necessary notices and certifications to effectuate withdrawal in accordance with applicable law.

What the action means: the withdrawal prevents the county from placing the proposed public-safety retailer sales tax before voters on March 3, 2026 under the existing ballot language. Trent and other staff told the board that the court opinion constrains how revenues from a retailer sales tax could legally be used, limiting them to construction of law-enforcement facilities and operations related to those facilities — narrower than the county’s previously proposed language.

Next steps: Commissioners said staff will continue exploring other avenues to fund public safety and that remaining deadlines and legal steps will be handled per counsel’s direction. Chair Mike Kelly and multiple commissioners emphasized the ongoing priority to fund public-safety services while complying with the court ruling.

Vote and motion: Resolution 164-25 — motion to withdraw the call of the special mail ballot election; moved by Commissioner Hanslick, seconded by (as recorded) Hallenbrand; roll call 7 in favor, 0 against.