State AG Opinions
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Can Virginia keep purging registered voters off the rolls inside the 90 days before a federal election when the flag came from a DMV data match?
No. Both of Virginia's DMV-driven noncitizen list-maintenance programs (the documentation-of-legal-presence removals under § 46.2-328.1(E) and the self-attestation removals under § 24.2-410.1) count…
Can a Mississippi county unilaterally declare a 40-foot right-of-way along all county-maintained roads so it can grade, drain, and run utilities through it?
No. Mississippi counties cannot unilaterally declare a uniform right-of-way easement along county roads. Easements have to be acquired through gift, purchase, deed, dedication, eminent domain, or…
Can the Colorado State Treasurer invest state funds directly in corporate stock?
No. Article XI, section 2 of the Colorado Constitution generally prohibits the State from directly owning stock in a corporation. Recognized exceptions cover stock that comes to the state by…
Can Charleston voters approve using Transportation Sales Tax funds to build the Battery Extension, a $300M project that is mostly described as flood control, even though TST funds are supposed to pay for transportation projects?
The AG predicts a court would likely allow Transportation Sales Tax funds for the Battery Extension project as described by Charleston's mayor, if county voters approve the tax. The opinion relies…
When a Delaware city reschedules a council meeting because of bad weather and gives less than 7 days' notice for the new date, is 'inclement weather' enough of an explanation to satisfy FOIA, or does the city have to also explain why the actual agenda items can't wait?
The AG found a FOIA violation. Bad weather reasonably explained cancelling the original meeting, but Dover’s new notice did not explain why the Council needed to consider its agenda items, including…
If I ask a Delaware city for the rules governing how its council moves a bill from committee to a vote, and the city says 'we don't have a separate document for that,' is that a FOIA violation?
No, as long as the city's response is clear that no separate document exists. The City of Dover told Shyanne Miller that it conducts its legislative proceedings 'in accordance with the City of Dover…
If a Mississippi church owns property but uses it primarily as a school, does the property still qualify for ad valorem (property) tax exemption?
Maybe. There are two possible exemptions in Section 27-31-1(d): one for religious-society property used 'exclusively' for the society and not for profit, and a separate one for any property used to…
Will the Arkansas Attorney General certify the proposed Natural Environment Amendment ballot measure for circulation, and what would the proponent need to fix?
The AG rejected the popular name and ballot title. The submitted title scored at an eighth-grade reading level but omitted or misstated material provisions. The AG said a substitute title that…
Can a Jasper County, South Carolina elected treasurer hire his own outside lawyer (separate from the county attorney) and bind the county to pay the bills?
Generally no. The county ordinance requires county council approval before any county agency hires outside counsel, and state law gives the county council, not the treasurer, the exclusive authority…
Did the Arkansas Attorney General certify the popular name and ballot title for a proposed constitutional amendment that would abolish the office of constable?
Yes, with substituted language. Attorney General Tim Griffin substituted a more concise popular name ('The Constable Amendment of 2026') and a revised ballot title ('This is a proposed amendment to…
When a Regional Intermodal Facility in Arkansas wants to award a public works contract, buy commodities, or sell off real or personal property, does the state procurement law apply to it the way it applies to a state agency?
No. Attorney General Tim Griffin concluded that Regional Intermodal Facilities are public corporations created by counties or municipalities, not state agencies, and the Arkansas Procurement Law…
When a public employee's personnel records get a FOIA request, can the employee block release by objecting to the requester's motives or what the requester might do with the records?
No. The AG said the requester’s motives generally do not determine whether public records must be disclosed, so this employee’s objection could not justify withholding. He found the planned release…
Did the Arkansas Attorney General eventually certify the ballot title for the four-year-term-of-office initiative for justices of the peace?
Yes. The sponsor’s resubmitted ballot title still scored grade 10.1, above the eighth-grade limit, so the AG substituted and certified his own compliant title. He also replaced the proposed popular…
Can Florida exclude religious schools or organizations from generally available state benefits under its no-aid clause?
The Attorney General concluded that Florida may not exclude otherwise eligible people or organizations from generally available benefits because they are religious. He also said his office would not…
Can Oklahoma cabinet secretaries be paid more than the maximum salary the Legislature set for their position, and what happens if they have already received excess pay?
No. The salaries in 74 O.S. § 10.5 are statutory maximums, ranging from $65,000 to $90,000 depending on the position. Anything paid above that maximum is an improper overpayment that the State can…
Can the New Mexico Commission for the Blind use Title VII Part B federal funds and Social Security reimbursements for independent living services, and do the Statewide Independent Living Council's proposed public-comment policies violate the First Amendment?
Yes, the Commission can use Part B funds for independent living services for people under 55. Receipt of Part B funds is not a prerequisite for using Social Security reimbursements for independent…
When New Mexico law enforcement uses a warrant to extract data from someone's phone or email and then is required by the Electronic Communications Privacy Act to seal portions unrelated to the investigation, can a third party still get those sealed portions through an Inspection of Public Records Act request?
No. The Electronic Communications Privacy Act's sealing provisions (§ 10-16F-3(D)(2), (G), (H), and (L)) qualify for IPRA's catchall exception under § 14-2-1(N), which exempts records 'otherwise…
Is New Mexico's refundable Film Production Tax Credit (which can pay film companies more than they owe in tax) constitutional under the state constitution's Anti-Donation Clause?
Yes. The Anti-Donation Clause prohibits gifts of public funds without consideration. The Film Production Tax Credit Act requires film companies to fulfill specific statutory obligations (employment…
When New Mexico's legislature changed watershed district director selection from elections to appointments in 2025 and dropped the residency requirement built into the old election framework, did the change make it unconstitutional to require directors to live in the district?
No, the amendment is not facially unconstitutional. The New Mexico Constitution (art. 5, § 13) independently requires that 'district officers' be residents of the political subdivision they…
Can my Arkansas city withhold the entire internal affairs file on a police officer who was not disciplined?
Mostly yes. The AG found the memorandums, reprimands, and most of the internal affairs file to be evaluation records that must be withheld because the officer was not suspended or terminated. On the…
Does a Mississippi bank have to pay the city's local business privilege tax, or does the statewide finance-company privilege tax exempt it?
The statewide finance-company privilege tax in § 27-21-3 specifically excludes 'banks, state or national,' but that exclusion only applies to the statewide tax. It does not exempt banks from the…
Can a Mississippi state agency contribute to a federal Section 530A 'Trump account' for an employee's child as part of the employee's benefits package?
No, not under current state law. There is no statute authorizing Mississippi state agencies to make contributions to Trump accounts as a benefit. State agencies can only offer benefits the…
After a Delaware AG opinion ordered the City of Dover to re-review its withholdings of records about the police chief and the FOP, was the City's later use of attorney-client privilege and the personnel file exemption proper, and did the City have to file an affidavit with its supplemental production?
The AG found no FOIA violation in Dover’s supplemental response. A sworn statement from the City Solicitor supported the attorney-client privilege and the withholding of two confidential HR emails…
When a Delaware county uses code enforcement against a homeowner over multiple years, can the homeowner FOIA the search warrant materials, hearing recordings, and internal communications, or are those covered by the investigatory files exemption?
The AG found no FOIA violation as to the second through fourth groups of records Coleman challenged. The County showed an adequate search for hearing and officer-assignment materials; it had already…
Which of the new misdemeanor crimes the Georgia legislature created in 2025 should require fingerprinting at arrest?
The AG designated all seven reviewed misdemeanors for fingerprinting, covering roadside animal transfers, drones at ticketed events, school disruption and threats, political-event solicitation of…
Can my child's doctor refuse to give me my minor child's medical records in Arkansas?
Usually no, but there are two exceptions and one foster-care wrinkle. AG Tim Griffin concluded that under HIPAA and Arkansas law, parents and legal guardians normally have the right to access a…
May a Kansas pharmacist fill a prescription from an out-of-state physician assistant or APRN who lacks a Kansas license?
Only if the physician assistant or advanced practice registered nurse holds the required Kansas license. The opinion says Kansas pharmacists may fill prescriptions from PAs licensed by the Kansas…
When a North Dakota newspaper asks for the police report and body-camera footage from a state legislator's DUI arrest, can the police department withhold the records as 'active' even though the legislator has been arrested and the case is moving through the courts?
Yes, on the facts in this opinion. The AG found the detailed police report and body-camera footage were active criminal investigative information when the Herald requested them during a pending…
If a North Dakota city has officially blocked someone's email address (after notifying them and offering alternative methods to make records requests), and the person sends a records request via that blocked email anyway, does the city violate the open records law by not responding?
No. The AG found no violation because Mandan had notified Jordan it would no longer accept his email requests and had offered in-person or written requests instead. The City did not receive his 2023…
When a South Carolina special purpose district sells services outside its statutory boundary in competition with private companies, can it shield its customer list from a FOIA request as a 'trade secret'?
Probably not. The trade secrets exemption in S.C. Code § 30-4-40(a)(1) is narrowly construed because FOIA is a remedial statute meant to favor disclosure. The Court of Appeals' Campbell decision and…
When a Tennessee school district has to cut teaching positions, how does the law treat tenured versus non-tenured teachers, and who gets put on the rehire list?
Tennessee's reduction-in-force statute treats tenured and non-tenured teachers the same. Both groups get the same statutory protections, both can be cut based on effectiveness ratings, and both can…
Does an Arkansas sheriff's deputy's forced resignation count as a 'termination' for FOIA disclosure of misconduct records?
Yes, if the resignation was forced in the face of certain, impending termination. On the custodian’s representation that the former sheriff’s office employee’s resignation was forced, the AG found…
Are leave balances, vacation accruals, and PTO records of an Arkansas city fire department employee subject to release under FOIA?
Yes. AG Tim Griffin concluded that the City of Fayetteville's records custodian was right to release the leave-balance and accrual records for a fire department employee with one redaction. Payroll…
Can my Arkansas city legally refuse a FOIA request for citizen complaints filed against a police officer who was not disciplined?
Mostly no. AG Tim Griffin concluded that the City of Bryant's refusal to release the complaint files was only partially correct. The internal investigation memorandums must be withheld as…
After Arkansas Act 314 of 2025 ended extraterritorial planning jurisdiction, can a city still appoint planning commissioners who live outside the city limits?
Yes, but only when the older boundary still controls. AG Tim Griffin concluded that a municipality may still appoint up to one-third of its planning commission from electors who live outside city…
Who can legally use blue lights and sirens to escort an oversize truck load on a Mississippi state highway?
Mississippi restricts blue lights to police vehicles used for emergency work and bars their use or display by anyone other than an on-duty law enforcement officer. Section 63-5-49(6) authorizes an…
When must the president of a West Virginia county commission and the county clerk hand-sign a pay order or check?
Yes, in counties with populations under 50,000. West Virginia Code § 7-5-4(a) requires the president of the county commission and the county clerk (or alternative signatories under subsection (b))…
Why did the Arkansas Attorney General reject the proposed ballot title for changing justice-of-the-peace and constable terms from two years to four?
Because the ballot title described a December 31, 2026 cutoff date that was nowhere in the actual amendment text. AG Tim Griffin rejected the popular name and ballot title for David Dinwiddie's…
Can my city release a police officer's termination letter and internal affairs file to a FOIA requester in Arkansas?
Yes, in this case. AG Tim Griffin concluded that the City of Cabot's records custodian was right to classify Officer Son Le's termination letter, letter of reprimand, and internal affairs…
In a Tennessee K-8 school, who counts as an 'elementary school student' for the 40-minutes-a-day physical activity rule, and can a school take recess away as punishment?
Students in grades K-4 always count as elementary school students. Fifth graders in a K-8 school can be classified either way; the local school board decides. And no, schools cannot withhold…
Can an Arkansas public school excuse a student during the school day to attend off-campus religious instruction with parental permission?
Yes, but with limits. AG Tim Griffin concluded that Arkansas school districts already have the authority under A.C.A. § 6-18-209(a) to adopt attendance policies allowing released time for off-campus…
When a Delaware public body needs more than 15 business days to respond to a FOIA request, what does it actually have to tell the requester, and can it require prepayment of search fees?
A public body extending a FOIA response must give an authorized reason and a good-faith estimate of the additional time needed. DOC gave an acceptable storage reason for its email search but no time…
When the Mississippi Department of Education has both a State Superintendent and a State Board of Education, which one is the 'agency head' for purposes of the Internal Audit Act?
The State Board of Education. The Mississippi Internal Audit Act defines 'agency head' as either an elected agency head, an executive director, or a governing board responsible for heading an…
When a city arrests a person and that person is bound over to the grand jury, does the city or the county pay the jail housing bill?
The county pays the upkeep and expenses of a municipal prisoner bound over to the grand jury after a preliminary hearing or waiver. The county remains responsible if the grand jury does not indict,…
Can a Mississippi county that helps fund a community college reduce its yearly tax levy to the college based on its own changing budget?
No, with one narrow exception. Section 37-29-141(1) prohibits a member county from levying a smaller millage for a junior college district than it did the previous year unless the college's board of…
Is a construction project on leased public land that is funded entirely by a private nonprofit a 'public work' under Washington law, requiring competitive bidding and prevailing wages?
Maybe. The Washington AG concluded that the public-works classification is highly fact-specific. A project is very likely a public work if the private entity receives substantial government funding…
What can a city release when someone FOIAs the file of a recently fired employee, including the termination letter, internal emails, and a social worker's note?
Most of the file comes out, but not all. Routine grievance correspondence, supervisor statements, signed workplace policies, and similar documents are personnel records and must be released (with…
If a deer farmer in Oklahoma breeds white-tailed deer under the Chronic Wasting Disease Genetic Improvement Act pilot program, where, when, and to whom can those deer actually be released?
Pilot Program deer can only be released by ODAFF-licensed cervid farmers, only between February 1 and April 15 each year, only onto private land, and only if the deer were born and raised in…
If a Virginia school division refuses to fix a special-ed problem after the state Department of Education tells them to, what can the state actually do about it?
School divisions are legally required to fully implement any corrective action VDOE orders after a finding that a student was denied a free appropriate public education, and they have to do it…
Did South Carolina's 2010 and 2013 permit extension resolutions, which tolled development approval deadlines after the Great Recession, also extend a 1995 water and sewer infrastructure agreement between a private trust and a municipal utility?
The AG predicts a court would find the 2010 and 2013 resolutions applicable to the particular 1995 CPW and trust agreement for water and wastewater services supporting development. It does not…
Does a postage-meter date stamp count as the postmark for proving an Arkansas property tax payment was mailed by the October 15 deadline?
No. A private meter date stamp shows when an envelope ran through the meter, not when USPS received it. In the circumstances described, the collector could not treat an October 15 meter stamp as a…
Can a Virginia city council or board of supervisors block early in-person voting from starting on the 45-day mark?
No. State law makes the 45-day in-person absentee voting window mandatory for every election, and neither registrars, electoral boards, nor local governing bodies have any discretion to delay it. A…
Can a South Carolina county add the local option sales tax (LOST) on top of the transportation tax and educational capital improvements tax it already collects, when a city inside the county is also charging the tourism development fee?
Yes, if voters approve. The AG found no statutory bar to Horry County adding the local option sales tax while its transportation and educational capital improvements taxes and Myrtle Beach’s tourism…
Can the North Dakota State Auditor audit the state's Protection and Advocacy agency, including records that are confidential under federal disability-rights laws and state attorney-client privilege rules?
Yes. North Dakota's audit-access statute (N.D.C.C. § 54-10-22.1) starts with 'notwithstanding any other specific sections of law,' giving the State Auditor access to confidential records during…
Can an Arkansas district court issue a writ of execution? Does a district court judgment automatically become a lien? Can a sheriff execute a writ from a court in another county or another state?
Yes, sometimes, and yes with conditions. District courts are courts of record in Arkansas and can issue writs of execution to enforce their own judgments. A district court judgment does NOT…
In Texas, can a Secretary of State election inspector take photos or video at a polling place, and can poll watchers watch the handling and counting of mail-in ballots?
Yes to both. State inspectors are exempt from the polling-place recording ban while doing their official duties, and they're explicitly authorized to gather 'evidence,' which includes photos and…
Can a Florida county require building permits for temporary lodging used during agritourism events on a working farm?
No. If the lodging is part of a bona fide agritourism activity (such as equestrian competitions on a working farm), Florida law preempts counties from imposing building permits or site plan requirements.
If I'm a Texas-licensed psychologist, counselor, social worker, or marriage and family therapist, am I covered by SB 14's restrictions on gender-transition care for minors, even though I can't perform surgeries or write prescriptions?
Yes, according to AG Paxton. The Behavioral Health Executive Council's licensees (psychologists, LPCs, MFTs, social workers) are 'health care providers' under Tex. Health & Safety Code § 161.701(2).…
If I ask a North Dakota county for records and the records are actually held by a separate housing authority that the county appoints board members for, does the county have to track down those records for me?
No. A public entity must timely tell a requester when it does not have the requested records. Morton County complied by saying it did not possess the separate housing authority's minutes. The…
When North Dakota residents invite city commissioners to a public meeting and only two of five commissioners actually show up, has the city commission violated the open meetings law if no special meeting notice was issued?
No. The open meetings law applies to a 'meeting,' which under North Dakota statute requires either a quorum of the governing body or a smaller-than-quorum gathering held to evade the open-meeting…
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