A proposal to extend Johnson County’s public safety sales tax is headed for the voters four months later than originally planned, so the county can prepare for legal opposition likely to come from Kansas Attorney General Kris Kobach.
County commissioners voted Thursday to withdraw the item from this November’s general election ballot and instead schedule it for a special mail-in election on March 3, 2026.
The change will come with an added price tag of $900,000 to $950,000 for the special election expenses, but commissioners said the delay will give them time to ask a judge whether county commissioners can ask for the election under home rule or whether doing so would exceed their authority, as Kobach has said.
Original tax was approved in 2016
The quarter-cent sales tax was approved by voters in 2016 to replace the aging courthouse in Olathe and build a lab for a medical examiner’s office. Those two buildings have since been constructed, and the tax is set to expire in March, 2027.
Commissioners had proposed extending it for another 10 years, with the county’s share of revenues going toward capital and operating expenses for the Med-Act ambulance service, Sheriff’s office, mental health crisis intervention and other public safety-related services.
The tax is expected to bring in $54 million annually, which would be split between the county and cities. It was proposed as a way to ease pressure on a county budget that officials say is being squeezed by inflation, slowing revenues and uncertainty of federal funds.
Kobach raised concerns at behest of GOP senator
Putting the question on the November ballot had already been approved, but last week, at the request of Republican Kansas Sen. Mike Thompson of Shawnee, Kobach’s office weighed in.
He took issue with several points, saying that:
- sales tax must be used for both construction and operating public safety funds,
- mental health and health care services don’t qualify,
- the commission shouldn’t have expressed it as a “renewal” of the tax
- and that the proposal is outside the board’s authority.
The delay gives the county legal team time to prepare arguments for a judge and perhaps change ballot language, commissioners said Thursday, as they voted 6-1 for it.
It also lets cities have a bit more time to consider the impact on their own budgets, said Chairman Mike Kelly.
Most commissioners support putting tax before voters
Commissioners in favor pointed out that putting it on the ballot puts the decision in the hands of the voters.
“I think we’re doing exactly what we have been elected to do and we are involving all constituents to be able to be involved in this decision that I think is going to be for the betterment of our community in safety services for Johnson County, ” said Commissioner Jeff Meyers.
Commissioner Michael Ashcraft cast the lone dissenting vote.
He objected to using non-recurring funds for ongoing operations as “not a best practice,” and “to add almost a million dollars for a special election just adds insult to that injury.”
Meanwhile, Kelly said only that he stood by comments he made during last week’s meeting.
At that time, Kelly blasted Kobach and Thompson as being “extreme politicians” who want to defund safety services and “force us to raise your property taxes rather than spread out the cost of these services.”
“The attorney general doesn’t think that calling 911 or having an ambulance show up at your house to deliver lifesaving care or mental health co-responder counts as public safety,” he said at last week’s meeting.
Kelly called it a “direct attack on responsive and responsible local government,” an erosion of local control and a “sabotaging of voter-backed investments in public safety.”
Public comments veer towards opposition
Five people spoke on the issue Thursday — all of them familiar voices at commission meetings and all against putting the sales tax measure before voters.
Phil Bauer of Leawood said the commission should stop wasteful spending and also objected to the tone of Kelly’s remarks at last week’s meeting.
“Stop the hate that’s coming from this dais,” he said. “Over the last several weeks there’s been too much hate speech and name calling spewing from the dais up here.”
Ben Hobert of Westwood Hills said he hoped “no judge will legislate from the bench” as the county appeals for a judge’s ruling on the sales tax measure.
