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County counselor: referendum on data centers needs statutory authorization
Summary
County counselor Jake Vance told commissioners a county-led referendum on data centers would require explicit statutory authorization; he reviewed the Emporia example and said citizen-petition and court processes shape the available paths absent new legislation.
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Jake Vance, county counselor, told the commission that a county board cannot unilaterally place a binding referendum on the ballot without statutory authorization. "In order for us to be able to even do that refer subject to a vote like that, we have to have expressed statutory authorization in order to do so," Vance said, describing his legal review of Emporia's case and the court matters that followed.
Vance explained the legal distinction between legislative and administrative actions and how that distinction affects whether a question can be resolved by petition or election. He advised the commission staff and members that, without state legislation granting specific authority, options include citizen petition processes and possible court review if the question is contested; he said staff would keep monitoring the legal landscape and court decisions.
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