State AG Opinions
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Did Missouri approve the form of Jamie Howard's initiative petition 2026-014?
Yes. The attorney general approved the petition as to form, but did not decide its substance or endorse its objectives. The secretary of state retained final authority to approve or reject the form.
Why did Missouri reject Katherine Floyd's initiative petition 2026-013?
The attorney general rejected the petition's form because its signature sheet addressed the wrong secretary of state and described a statutory change as a constitutional amendment. The secretary of…
Can a new road district be formed that overlaps with an existing road district? And does the county commission have any say in whether a properly-petitioned road district gets created?
No overlapping road districts: state law doesn't authorize them, and allowing them would double the tax burden on landowners and create administrative conflict. And no commission discretion: if a…
Can a city's zoning denial block a county from building a new jail on county-owned land within the city limits, or does the county get to override the city?
Neither government automatically prevails. Oklahoma uses the five-factor Rutgers balancing test, not a superior-sovereign rule. Applying that test to the proposed Oklahoma County jail site, the…
Can a Mississippi city use general fund money to subsidize rising garbage collection costs instead of raising fees?
No. The city can adopt an ordinance exempting certain residents from a portion of garbage fees, but it cannot tap the general fund to cover rising waste disposal costs. A 2016 amendment to Section…
Can I drive a side-by-side utility vehicle on a Maryland road if it is registered in West Virginia?
Generally no. The Attorney General said Maryland does not provide a statewide road-use registration path for recreational side-by-sides; limited travel is permitted on designated county roads in…
Did Missouri approve the fiscal note summary for local tobacco tax petition 2026-008?
Yes. The attorney general approved the summary's legal content and form. It estimated no direct government costs or savings, while noting that local tobacco tax changes could affect revenue and…
Did Missouri approve the fiscal note summary for local tobacco tax petition 2026-007?
Yes. The attorney general approved the summary's legal content and form. It estimated no direct government costs or savings, while noting that local tobacco tax changes could affect revenue and…
Did Missouri approve the fiscal note summary for local tobacco tax petition 2026-006?
Yes. The attorney general approved the summary's legal content and form. It estimated no direct government costs or savings, while noting that local tobacco tax changes could affect revenue and…
Did the Missouri AG approve the fiscal note summary for local tobacco-tax initiative petition 2026-005?
Yes. The Missouri Attorney General approved the legal content and form of the fiscal note summary for initiative petition 2026-005, but did not review whether the estimated fiscal impact was fair or…
Did the Missouri AG approve the fiscal note summary for local tobacco-tax initiative petition 2026-004?
Yes. The Missouri Attorney General approved the legal content and form of the fiscal note summary for initiative petition 2026-004, but did not review whether the estimated fiscal impact was fair or…
Did the Missouri AG approve the form of initiative petition 2026-012, and could the Secretary of State still reject it?
Yes. The Missouri Attorney General approved initiative petition 2026-012 as to form, but emphasized that the Secretary of State had final authority to approve or reject it. The letter did not…
Are the application materials and interview scoresheets for candidates in a public school superintendent search subject to public release?
Mostly. The successful applicant's Candidate Input Forms are personnel records and must be released without redactions. Internal applicants who already work for the district have their Candidate…
When 56 voters in Vermont's Bennington-1 House District received the wrong ballot in November 2024 (because of voter checklist errors after reapportionment) and the certified margin of victory was only 23 votes, what should the Vermont House of Representatives do under its constitutional power to judge the elections of its own members?
The AG's role under 17 V.S.A. § 2605(b)(1) is to investigate and report facts to the House Clerk, not to decide the election. The AG concluded that 56 registered voters in the Bennington-1 District…
Does South Carolina's Procurement Code apply when a private developer builds student housing and a university foundation manages it for a fee?
Probably not. The Attorney General agreed that, on the facts presented, a court would most likely find the South Carolina Consolidated Procurement Code inapplicable. A private developer builds and…
Did the Missouri AG approve the form of initiative petition 2026-011, and could the Secretary of State still reject it?
Yes. The Missouri Attorney General approved initiative petition 2026-011 as to form, but emphasized that the Secretary of State had final authority to approve or reject it. The letter did not…
Did the Missouri AG approve the fiscal note summary for initiative petition 26-003?
Yes. The Missouri Attorney General approved the legal content and form of the fiscal note summary for initiative petition 26-003, but did not review whether the estimate was fair or sufficient and…
When can a city release records about a fired police officer, including the termination letter and the internal affairs report on the officer's misconduct?
Most of them can come out. The AG concludes Fayetteville's decision to release the termination letter and the OSP investigative memorandum on the former officer is consistent with the FOIA, because…
What problems did the Idaho AG flag with the re-submitted reproductive-freedom-until-fetal-viability ballot initiative?
The certificate raises concerns about an undefined privacy right that could conflict with parental rights, attempted limits on future legislatures, the proposal's interaction with existing abortion…
Can the Delaware Department of Correction be forced to disclose the names, ID numbers, and incarceration dates of elderly inmates in response to a FOIA request?
The AG found no FOIA violation when DOC withheld the requested names, SBI numbers, and incarceration dates. It found the information protected by 11 Del. C. § 4322(a)'s case-record privilege and…
Is a county historical society subject to North Dakota open meetings law, and what counts as proper meeting minutes?
Yes, the Emmons County Historical Society is a public entity because it receives Emmons County funding and is recognized under N.D.C.C. § 11-11-53. The president's 'personal notes' from three…
Did Missouri's Attorney General approve the summary statement for initiative petition 2024-002 on electronic signatures?
Yes. The Missouri Attorney General approved the legal content and form of the proposed summary statement for initiative petition 2024-002 under § 116.334, RSMo. The approval was not an endorsement…
Did Missouri's Attorney General approve the form of initiative petition 2026-010?
Yes. Despite the archive subject line describing a rejection, the opinion text approved initiative petition 2026-010 as to form. The Secretary of State retained final authority to approve or reject…
Did Missouri's Attorney General approve the form of initiative petition 2026-009?
Yes. Despite the archive subject line describing a rejection, the opinion text approved initiative petition 2026-009 as to form. The Secretary of State retained final authority to approve or reject…
Can Tennessee outsource its water and wastewater operator licensing exams to a third-party testing company without violating state law? And could a proposed law banning that practice run into constitutional problems?
Outsourcing the exam to a third party is likely fine under current Tennessee law because the certification statute gives the Board broad discretion over exam content. A future statute banning…
Can New Orleans hire a private company to take juveniles into custody after they violate release conditions?
The Louisiana AG said the Children’s Code generally assigns that authority to peace or probation officers. A court may be able to authorize a third-party provider under a juvenile's bail agreement…
Can a Louisiana mayor's court hear municipal ordinance or traffic citations against a 17-year-old?
No. The Louisiana Attorney General concluded that mayor's courts cannot hear municipal ordinance or traffic citations issued to 17-year-olds. It said those traffic citations belong in a court with…
If a Kansas city's population drops, does it automatically get reclassified to a lower city class, and does that affect campaign finance rules?
No, generally. The Attorney General concluded that Kansas statutes provide clear procedures for reclassifying a city upward as its population grows, but only one narrow statute, K.S.A. 14-901, lets…
Can a North Dakota home rule city like Fargo use approval voting for city elections instead of the ballot format required by state law?
Yes. Fargo voters approved an approval-voting amendment to the city charter in 2018, and the city implemented it through Ordinance 5191. North Dakota law gives home rule cities the power to provide…
Does a written trespass notice turn later shoplifting into third-degree burglary in South Carolina?
A trespass warning does not by itself void the 'without consent' element of third-degree burglary, but it can be used as evidence that a person who later entered a store did so without consent. In…
Can you drive a golf cart on a US highway like Main Street (US 178) in South Carolina?
No. Under § 56-2-105, a permitted golf cart may be driven only on a secondary highway or street with a posted speed limit of 35 mph or less, within set distance limits. Because the Main Street…
If I'm a poll volunteer or campaigner in Virginia, where exactly can I stand and what can I say to voters at a polling place, including voters in cars or buses?
The opinion says a simple greeting or offer of materials outside the 40-foot prohibited area would not itself violate Virginia law, but conduct that hinders, intimidates, or interferes with a secret…
Can an Illinois state's attorney share LEADS database information with a defense attorney to comply with Brady disclosure?
Yes, in limited circumstances. Prosecutors can disclose information they obtained from LEADS if it tends to negate the defendant's guilt or reduce punishment, but they should narrow what they hand…
Did Missouri's Attorney General approve the fiscal note summary for initiative petition 2026-002?
Yes. The Missouri Attorney General approved the legal content and form of the fiscal note summary for initiative petition 2026-002. The review did not examine whether the estimated fiscal impact was…
Does Tennessee Public Safety Network peer-support training count for Mississippi's certified peer support member designation?
The statute is clear: a certified peer support member must have critical incident stress management training and must be certified by the Mississippi State Board of Health or the Mississippi…
Did Missouri's Attorney General approve the form of initiative petition 2026-008?
Yes. Despite the archive subject line describing a rejection, the opinion text approved initiative petition 2026-008 as to form. The Secretary of State retained final authority to approve or reject…
Did Missouri approve the form of initiative petition 2026-007 to amend Article X?
Yes. The Attorney General approved initiative petition 2026-007 as to form only. The approval did not address substance or endorsement, and the Secretary of State retained final authority.
Did Missouri approve the form of initiative petition 2026-006 to amend Article X?
Yes. The Attorney General approved initiative petition 2026-006 as to form only. The approval did not address substance or endorsement, and the Secretary of State retained final authority.
Did Missouri approve the form of initiative petition 2026-005 to amend Article X?
Yes. The Attorney General approved initiative petition 2026-005 as to form only. The approval did not address substance or endorsement, and the Secretary of State retained final authority.
Did Missouri approve the form of initiative petition 2026-004 to amend Article X?
Yes. The Attorney General approved initiative petition 2026-004 as to form only. The approval did not address substance or endorsement, and the Secretary of State retained final authority.
When does the New Mexico Public Education Department have to submit its annual special-appropriations budget request to the Legislative Finance Committee and the Department of Finance and Administration?
September 1. Section 6-3A-7(B) sets the September 1 deadline for performance-based program budget requests, and PED's special 'below the line' appropriations (teacher development, AP test waivers,…
Can a Mississippi county pay a coroner mileage for using a personal vehicle to transport bodies for autopsies when the county vehicle is unreliable?
Yes. Sections 41-61-75 and 41-61-61 let a Mississippi county pay a coroner's actual expenses, including mileage, when the coroner transports a body for autopsy. If the county-assigned vehicle is…
Can the Mississippi State Auditor conduct managerial studies without a request from the Governor or Legislature?
No. Section 7-7-211(d)'s independent audit authority is limited to financial audits. Section 7-7-211(c) allows the Department of Audit to conduct managerial studies, but only on written request from…
If a Mississippi tax sale is voided, does that erase the landowner's liability for unpaid special assessments?
No. A Mississippi board of supervisors voiding tax sales for prior years does not erase the landowner's underlying liability for special and maintenance assessments to a public improvement district.…
Once I sign up to be an organ donor, can my family override my decision after I die? And can a hospital or organ bank that follows my donor card be sued by my family?
If you signed up as an organ donor, no one else can revoke your gift, before or after your death, unless you provided express contrary indication. Your gift is yours alone to revoke. And anyone who…
Can a Mississippi county collect delinquent garbage fees from sixteenth section land when the leaseholder has abandoned the property?
The Mississippi Board of Education is not the 'owner' of sixteenth section land; the State of Mississippi owns it in trust for the public schools. The county's Section 19-5-22 lien attaches to the…
Can a Texas district clerk reject a criminal court e-filing over a typo or wrong court designation?
No to outright refusal, but yes to returning it for correction. The AG concluded a district clerk may not refuse to file an electronically filed document in a criminal case based on the clerk's own…
Did Missouri approve the form of initiative petition 2026-003 to amend Article III?
Yes. The Attorney General approved initiative petition 2026-003 as to form only. The approval did not address substance or endorsement, and the Secretary of State retained final authority.
Did the Arkansas AG approve the revised Fort Smith / Sebastian County interlocal agreement to consolidate 911 dispatch operations after the parties added the missing property-disposal language?
Yes. The AG approved the revised interlocal agreement under A.C.A. § 25-20-104. The only change from the version rejected in Opinion 2024-085 was a single sentence added to Section 8 specifying…
Can New Mexico's Public Education Department give money from the state Indian Education Fund directly to tribal schools and Bureau of Indian Education schools, or must the funds go only to public schools the state controls?
Yes, PED can fund tribal and BIE schools from the Indian Education Fund. Distributions support the Indian Education Act's purposes and do not run afoul of the Anti-Donation Clause, the prohibition…
Can a Mississippi city forgive water bills that customers underpaid because of a city billing error?
No. The Mississippi Constitution forbids remitting any debt owed to a municipality except by payment. So when a city's billing error or faulty meter results in underbilled accounts, the city must…
Can a Mississippi city pay annual membership dues to a chamber of commerce?
A Mississippi city may pay chamber of commerce annual membership fees if its governing authorities find, on the minutes, that the dues serve advertising and economic-development purposes under…
Can a Virginia voter demand that their ballot be counted by hand instead of by a scanning machine?
No. The Virginia Constitution allows voting either by ballot or by machines, and the AG opinion concludes that no provision gives an individual voter the right to choose which counting method is…
Can a Delaware town council discuss a public employee's performance plan in a string of emails, instead of holding a public meeting?
No. The town's lawyer sent the whole council a draft performance plan and solicited comments. Members' replies became an exchange of opinions that supplanted a public meeting, so the AG found a FOIA…
Does Delaware's Department of Correction have to compile a list of incarcerated misdemeanants from its database to answer a FOIA request about voter eligibility?
No. DOC submitted a sworn statement that its system could not accurately produce the requested information without manual verification using other agencies' records. The AG found DOC justified its…
Does Kentucky's Planned Community Act cover mixed residential/commercial HOAs, and can an HOA fine members if its documents don't allow fines?
The Attorney General reached a two-part answer. First, Kentucky's Planned Community Act applies to an association governing a community that has both residential and non-residential lots, as long as…
Can a private vendor manage Mississippi sheriff's deputies' off-duty security work and charge clients an additional fee for profit?
Section 17-25-11 does not prohibit a third-party vendor from facilitating sheriff's deputies' off-duty security details and charging the client an additional fee for profit, as long as Section…
Did Missouri AG Opinion 23-2024 approve Winston Apple's proposed Article III initiative petition?
The Attorney General approved the petition as to form only. The Secretary of State retained final authority to approve or reject it, and the opinion made no finding about substantive validity or merits.
What did Missouri AG Opinion 22-2024 say Amendment 3 would do to five state abortion statutes?
The AG concluded that, if certified, Amendment 3 would generally prevent enforcement of five abortion statutes. He said they could still be enforced after viability, when a parent had not consented…
How does a Mississippi city handle unclaimed cash found by police, and does a court order have to authorize transfer to the city general fund?
If Sturgis determines the found cash is abandoned property, Section 21-39-21 governs: post notice in three public places and allow 120 days for a claim. After the required notice, the cash could be…
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Two states are not listed and are not pending: New Hampshire publishes its opinions on a page that automated retrieval cannot read, and Rhode Island publishes no complete full-text archive at all. We will add them if that changes.