After a head-spinning few days, it remains unclear which of two government-related Prairie Village petitions — if either — will make it onto the upcoming Nov. 7 ballot.
Judge Rhonda Mason of Division 4 at Johnson County District Court on Thursday issued two contradictory rulings — one orally from the bench and the other in writing — regarding three resident-led petitions that aim to limit rezoning and enact significant governance change.
Here’s where things stand as of Thursday afternoon, a week after Mason heard arguments related to the three petitions and a day the judge’s competing rulings.
What petition measure is going to be on the Prairie Village ballot this November?
For the moment, it’s not totally clear if any petition question will be on Prairie Villager’s Nov. 7 ballot at this time.
The Post asked the Johnson County Election Office what Mason’s original ruling (issued from the bench Wednesday morning) meant for the Nov. 7 ballot.
A Johnson County public affairs and communications representative told the Post on behalf of the county election office that the county is reviewing the judge’s written order (the one issued later Wednesday that contradicted her first ruling) and “will be determining next steps from there.”
Regardless of the petitions, six city council seats — one in each ward — are up for a vote and will appear on Prairie Village ballots this fall.
What is the difference between the “abandon” and “adoption” petitions?
These are two separate petitions that aim to make significant changes to Prairie Village’s government.
The “abandon” petition — which according to Mason’s current order, is not eligible to appear on the ballot — aims to strip the city of its current mayor-council form of government. This is in an effort to limit mayoral powers in what petitioners have characterized as Prairie Village’s “strong mayor” form of government.
Initially on Wednesday, Mason’s oral ruling from the bench deemed the “abandon” petition valid to be put before voters, but the subsequent written ruling reversed this.
The “adoption” petition hopes to accomplish two things. First, establish a mayor-council-manager form of government. Second, it seeks to remove six sitting councilmembers from office in the middle of their term. These six councilmembers were all elected in the 2021 general election and their current terms do not end until 2026.
The “adoption” petition, then, would have the six candidates who win in this November’s election be the only sitting city councilmembers going forward.
Initially on Wednesday, Mason’s oral ruling from the bench deemed the “adoption” petition to be ineligible to be put before voters, but her subsequent written ruling reversed this.
What about the “rezoning” petition?
Mason remained consistent in both her oral ruling Wednesday morning and her written ruling that same afternoon on the “rezoning” petition.
Both times, she determined that the “rezoning” petition — which would define rezoning and limit multifamily developments in a majority of Prairie Village — is ineligible to take before voters.
It appears, then, that the “rezoning” petition will not be on the Nov. 7 ballot.
What are both sides saying?
Mason hosted attorneys from both sides in a conference call Thursday morning regarding her written ruling, which contradicted her earlier oral ruling.
Attorney Joe Hatley of Spencer Fane LLP, representing Prairie Village, argued Mason’s written ruling failed to address the city’s main issue with the “adoption” petition.
The “adoption” petition, he argued, if approved by voters as written, would go into effect immediately after the election. Hatley said state law stipulates that a newly adopted form of city government must instead go into effect following the next election.
Rex Sharp, an attorney representing the petition backers and the husband of Lori Sharp, who is running for city council this fall, said he saw nothing wrong with Mason’s written ruling validating the “adoption” petition to go on the ballot.
Mason told all legal counselors that her main concern is to “get it right” because this was “too big of an issue and too complex of an issue to rush through.”
Is there still time to get a petition on the Nov. 7 ballot?
That remains unclear.
The original deadline for an item to be placed on the November ballot was Sept. 1, but Johnson County Election Office officials previously told the Post they would allow this Prairie Village petition case to play out.
But, Johnson County Election Office officials previously told the Post that this week was the latest it could hear back on any petition items in order to place something on the Nov. 7 ballot.
A Johnson County communications representative did not immediately respond to the Post’s question about whether there is still time to place a question on the Nov. 7 ballot.
