State AG Opinions
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What ballot summary did Missouri approve for Mark Johnson's electoral-vote petition 2026-117?
The Attorney General approved the legal content and form of a summary stating that petition 2026-117 would replace Missouri's winner-take-all presidential electoral-vote system with a proportional…
What ballot summary did Missouri approve for Mark Johnson's electoral-vote petition 2026-116?
The Attorney General approved the legal content and form of a summary stating that petition 2026-116 would replace Missouri's winner-take-all presidential electoral-vote system with a proportional…
What ballot summary did Missouri approve for Mark Johnson's electoral-vote petition 2026-114?
The Attorney General approved the legal content and form of a summary stating that petition 2026-114 would replace Missouri's winner-take-all presidential electoral-vote system with a proportional…
What ballot summary did Missouri approve for Mark Johnson's electoral-vote petition 2026-113?
The Attorney General approved the legal content and form of a summary stating that petition 2026-113 would replace Missouri's winner-take-all presidential electoral-vote system with a proportional…
What fiscal impact did Missouri approve for Andrew Prewitt's initiative petition 2026-147?
The approved summary reported $2.5 million in one-time costs, $2.5 million in annual costs, $271,000 in initial fee revenue, $14.5 million in annual state revenue, and $2.6 million in annual local…
What fiscal impact did Missouri approve for Andrew Prewitt's initiative petition 2026-146?
The approved summary reported $2.5 million in one-time costs, $2.5 million in annual costs, $271,000 in initial fee revenue, $14.5 million in annual state revenue, and $2.6 million in annual local…
What fiscal impact did Missouri approve for Andrew Prewitt's initiative petition 2026-145?
The approved summary reported $2.5 million in one-time costs, $2.5 million in annual costs, $271,000 in initial fee revenue, $14.5 million in annual state revenue, and $2.6 million in annual local…
Why did the Arkansas Attorney General reject 'The Natural Environment Amendment' ballot title for the third time, and what would the sponsor need to fix?
The AG rejected the ballot title because the underlying amendment text is too vague to support any non-misleading title. The constitutional duties on government are undefined, the limits on the…
Can a Kansas governor refuse to extradite a fugitive to a state that will seek the death penalty?
No. The Attorney General concluded that under Article IV, Section 2 of the U.S. Constitution and Kansas's Uniform Criminal Extradition Act, K.S.A. 22-2701 et seq., the Governor has no discretion to…
If an Arizona voter who registered using a pre-1996 driver license updates their registration (new address, new party, new name, or moves to a new county), can the county recorder require fresh proof of U.S. citizenship?
It depends. For an intra-county update (changing address, party, or name within the same county), the recorder cannot require new proof of citizenship. For a move to a new county, the new recorder…
Did a North Dakota rural ambulance district violate the open meetings or open records laws when its email notice to the official newspaper got stuck in an outbox, and when it took 80 days to release a severance agreement?
The AG found substantial compliance with notice rules for both meetings, despite a technical failure to email the newspaper about the first. KAAS violated open records law by taking nearly 80 days…
Can a North Dakota state's attorney refuse to release records of a child-sexual-abuse investigation to the convicted defendant, and how long can the office take to respond?
The AG upheld this records denial because the State's Attorney identified which requested records were exempt or not in his office's possession. The almost nine-month delay in responding was unreasonable.
Are DraftKings, FanDuel, and other Daily Fantasy Sports apps legal in New Mexico?
The AG could not reach a definitive conclusion about DFS contests without facts about particular games. No New Mexico law expressly authorizes DFS. Whether a contest is a regulated game depends on…
Can New Mexico let non-tribal racetracks offer Class II gaming (like bingo-style machines) without breaking the 2015 tribal-state gaming compact, and could the tribes stop their revenue sharing if it does?
The Attorney General declined to give a categorical answer. The questions turn on whether the term Gaming Machine in the 2015 Compact reaches Class II machines or only Class III, and that requires…
Can a new political party in New Mexico collect its qualification-petition signatures electronically (DocuSign, online portals, tablets), or do they have to be on paper in pen?
On paper in pen. Section 1-7-2(A) requires the petition information, including signatures, to be hand-printed. The AG concluded the more specific Election Code requirement controls over the general…
Can a New Mexico hospital that financed its building through the Hospital Equipment Loan Council claim a property tax exemption on the land and the building, or only on the equipment?
Not based on Council ownership. The Hospital Equipment Loan Act tries to designate the Council as 'the state' just for purposes of the constitutional property-tax exemption, but the same statute…
Can Hattiesburg spend city funds to help homeless individuals get the ID documents they need to apply for a job or housing?
Yes, conditionally. The City can spend funds for this purpose if its governing authorities determine (1) the city's Homeless Coordinator program is a 'social and community service program' under…
Can Pascagoula spend the tourism tax it collects from hotels and bed-and-breakfasts on tourism, economic development, and recreation programs?
Yes. The 2004 local and private law authorizing the city's 3% lodging tax expressly says the funds are for 'the purpose of providing funds to promote tourism, economic development and recreation.'…
When a county employee files a complaint about a coworker or supervisor under the county's personnel policy, is that complaint a 'personnel record' (mostly disclosable) or an 'employee evaluation' (mostly sealed)?
It's a personnel record. The 'at the behest' test under A.C.A. § 25-19-105(c)(1) requires command or directive, a personnel policy that lets employees file complaints isn't a command. Reprimands and…
If a Delaware public body holds a virtual town hall with sign-in requirements and a waiting room, but only a few members attend, did they violate the open-meetings law?
The AG found no FOIA violation at this town hall. The Consortium’s sworn response said seven of its 24 members attended, below its 13-member quorum, and only one spoke. On those facts, the AG found…
If a Tennessee city has a private act passed before July 1, 2021, that authorizes up to a 5% hotel occupancy tax, but the city council didn't actually vote to charge the full 5% until after that cutoff date, is the city stuck with the new statewide 4% cap?
No. Tennessee's grandfathering provision protects pre-existing private acts that 'authorize the levy' of an occupancy tax, not just acts that already imposed it. The city can vote to levy the full…
Can the Oklahoma Pardon and Parole Board's Executive Director put a dying or medically frail inmate on the medical parole docket without a request from the Department of Corrections Director?
No. The DOC Director has the sole authority to start the medical parole process by requesting that an inmate be placed on the Pardon and Parole Board's docket. Without that request, the PPB…
Can I get the police station booking-area video and 911 audio for an arrest where the charges were later dismissed?
The AG found no FOIA violation in New Castle County’s denial of requested police, 911, dispatch, transport, and station records from an incident whose charges were dismissed. Affidavits identified…
If a Family Court temporary order gives one spouse exclusive use of the home, can law enforcement issue a trespass notice against the excluded spouse, even though they still co-own the property?
Yes. The AG concluded that South Carolina's trespass-after-notice statute applies to anyone, including a property co-owner, when the person in peaceful possession asks them to leave. A pending…
How can a Garland County property owner clear a 1953 pipeline easement that was granted to a long-defunct state commission, when every state agency disclaims authority?
For the specific quitclaim deed recorded in Garland County Deed Record Book 383, pages 360–367, the opinion identifies the Arkansas Economic Development Commission as successor in interest and says…
If a medical clinic bought equipment with federal grant money, is it exempt from Arkansas business personal property tax? And does sending unpaid patient bills to collections cost it any tax exemption?
Federal grant funding alone does not exempt a private clinic’s equipment from Arkansas property tax. A clinic may qualify for the public charity exemption if it meets the opinion’s three criteria;…
Can a corporation or LLC own both a beer wholesaler and a wine-and-spirits wholesaler in Oklahoma after the 2025 statutory amendment, even though the Oklahoma Constitution restricts who can own a wine-and-spirits wholesaler license?
Yes. Article XXVIII-A, section 4 of the Oklahoma Constitution restricts wine-and-spirits wholesaler licenses to sole proprietors or partnerships, but expressly exempts beer wholesalers from those…
Can Oklahoma enforce its hunting and fishing laws against tribal members who are hunting or fishing on the Cherokee, Chickasaw, or Choctaw reservations? What about tribal members hunting on a reservation other than their own?
Federal law preempts Oklahoma Wildlife Code enforcement against Cherokee, Chickasaw, and Choctaw members hunting or fishing on their own Nation's reservation, and against citizens of the Five Tribes…
If a Virginia landowner's open-space use agreement under the land-preservation tax program expires (and they don't renew it), can the locality assess roll-back taxes against them as if there were a change in use?
No. The AG concluded that the expiration of an open-space use agreement is not a 'change in use' under Va. Code § 58.1-3237. Roll-back taxes attach when actual land use changes to a nonqualifying…
If someone is caught driving in South Carolina without a driver's license and they have a prior conviction that would have suspended a license they never had, what should they be charged with?
Section 56-1-450, not Section 56-1-460. The AG explained that 56-1-460 only applies when a license was once issued and then canceled, suspended, or revoked. A person who has never been licensed has…
Does an Arkansas sheriff need the county judge's approval to award a retiring deputy his service pistol, given that the county judge controls disposal of county property?
No. § 12-15-302 lets the sheriff award the pistol on his own. The general rule that the county judge disposes of county property is overridden by this specific statute, and the legislature's silence…
Can the Tennessee General Assembly split a single county into two separate judicial districts? And if so, can those districts share the same courthouse or jail?
The AG finds no constitutional bar to splitting a county into judicial districts. The opinion perceives no constitutional limit on sharing a jail. Sharing a courthouse might be possible, but…
I resigned in lieu of termination from a state job. Can my former employer release my voluntary separation form, resignation letter, and the email and memo about the events that led to my forced resignation?
For these records, yes. The Attorney General approved release of the separation form and resignation letter as personnel records, with an employee ID redacted. He also approved release of an email…
Does Arizona's new China-divestment law (SB 1221, A.R.S. § 35-395) reach the AZ529 college savings plan, and how fast must the state divest?
Yes. The AZ529 Education Savings Plan trust fund is a publicly managed fund under § 35-395, so prohibited Chinese-linked investments must be divested. Fund managers must start identifying prohibited…
Can a Kansas county destroy ballots on the usual schedule even if they're wanted for a criminal investigation?
It depends on the legal process involved. The Attorney General concluded that K.S.A. 25-2708(b)'s duty to destroy ballots after 6 or 22 months is directory, not mandatory, so it must give way to a…
If a Kansas city misses its newspaper notice deadline for a revenue neutral rate hearing, can the county clerk just send a new notice for a later date?
No, in the situation presented. The Attorney General concluded that because K.S.A. 79-2988(b)(2) requires a taxing subdivision to notify the county clerk of its public hearing date on or before July…
Can the State of Oklahoma or one of its political subdivisions (counties, cities, school districts) form and own a captive insurance company to self-insure against its own risks, without violating the Oklahoma Constitution's bans on state ownership of private companies?
Article X, section 15 does not bar the State from creating and owning a captive insurer solely for its own risk. Section 17 does not bar the Legislature from passing laws that permit political…
If three Delaware city councilmembers attend a meeting about a community Christmas event, does that automatically count as a 'public meeting' under FOIA?
No, not if they aren't conducting public business as a quorum. AG opinion 25-IB64 found that the City of New Castle did NOT violate FOIA when a councilmember and the Mayor met on November 9, 2025 to…
If a Delaware town's meeting agenda lists a 'Second Reading: Resolution' on a property tax rate, but the council actually does the first reading of an ordinance instead, is that a FOIA violation?
The AG found no FOIA violation: the November 10 agenda identified the real estate property tax rate issue, giving sufficient notice of the subject even though it listed a resolution rather than the…
When a Mississippi county sets the wrong millage rate for a school district by mistake, can the county correct the levy mid-year, and can it use general-county tax revenue to bail out the shortfall?
No to both. Once the new fiscal year begins, there is no statutory mechanism to amend the school district's millage; the school district has to issue a shortfall note under Section 37-57-108 to…
Can the Mississippi Soil and Water Conservation Commission accept federal money for flood-control studies and design work, and can it operate in counties inside Mississippi River levee districts without those counties' permission?
Yes to the federal funds, conditionally. Section 69-27-13(f), (g), and (j) authorize the Commission to receive and administer federal grants for studies, classification, and recommendations on land…
Can a Mississippi alderman who is also a PERS retiree skip his alderman salary so he can keep his retirement check, and what does the town have to do to make it official?
Yes. Section 25-11-127(6)(a)(i) lets a PERS retiree who is elected to municipal or county office file an annual written waiver of all salary or compensation in exchange for keeping the retirement…
If a Delaware town receives a FOIA request and never responds, what happens when the AG reviews a petition?
The town loses. The public body bears the burden to show it complied with FOIA. The Town of Blades only confirmed it received John Reiss's October 28, 2025 request for councilmember emails about a…
If a quorum court doesn't pass an annual appropriation ordinance by January 1, can the county judge and justices of the peace go without pay until they do, and do they get back pay once the ordinance passes?
They can go without pay temporarily, but they're entitled to back pay once the ordinance is adopted. Reading Act 24 of 2025 to deny back pay would unconstitutionally decrease the county judge's…
Can a Minnesota sheriff sign a 287(g) immigration enforcement agreement with ICE on their own, and does a 287(g) agreement let local officers hold someone in jail solely on an ICE detainer?
No on both counts. A Minnesota sheriff cannot unilaterally enter a 287(g) agreement; the county board of commissioners must authorize it by resolution under the Joint Powers Act. And even when a…
When a North Dakota county commission calls a special meeting, what notice does it have to give and what must the minutes record?
Special meetings need notice to the principal office, the meeting location, the website, the county auditor, anyone who has requested notice, AND the official newspaper. Minutes must record members…
When does a North Dakota Ethics Commission opinion protect someone from penalties, and can a Commission rule override a state statute?
Valid Ethics Commission advisory opinions on specified hypothetical facts or prospective conduct can carry statutory immunity. The AG found AO 25-01 too general to qualify, so it carried no…
Can the Oklahoma State Superintendent of Public Instruction unilaterally require teachers from other states to pass an extra competency exam before being certified to teach in Oklahoma?
No. The State Board of Education has authority over teacher certification, and the State Superintendent cannot unilaterally add an examination for out-of-state applicants. The statutory reciprocity…
Can a Delaware agency refuse a FOIA request when the requester has announced an intent to sue the agency over the same records?
Yes, on these facts. The AG found DelDOT did not violate FOIA in denying a request for 1994 property acquisition records under 29 Del. C. § 10002(o)(9), which exempts records pertaining to pending…
Who enforces South Carolina's Kratom Consumer Protection Act, and can the Department of Public Health write rules under it?
The AG says the Act does not expressly assign enforcement to any entity and contains no specific rulemaking delegation. It considers the Department of Public Health unlikely to gain enforcement…
Does a Delaware town meeting agenda have to say it will hold a 'first reading' of a tax-rate proposal, or is 'New Tax Rate' specific enough?
'New Tax Rate' was specific enough. The AG found the Town of Blades did not violate FOIA when its October 27, 2025 special-meeting agenda listed 'New Tax Rate' without stating that the Council would…
Can a Mississippi city let a political party's local executive committee meet in city hall for free?
Yes, but only if the city has adopted a uniform written policy that allows private groups to use city facilities, and the city collects from the user any actual costs the city incurs (cleaning,…
Federal grant funding for our prosecutor's victim-services and administrative staff just expired. Are the counties in our judicial district legally required to keep paying these positions?
Only if those positions existed at the time of the county's January 1, 1999 appropriation. If they did, the counties must fund the positions at sufficient levels for operation, but no less than the…
Can my city stop someone from tearing down a building while the council decides whether to declare it historic?
The 2024 amendment to § 15.2-2306 does not prohibit a locality from issuing a demolition permit while it considers historic designation. Its 30-day stay applies after approval of an application to…
If a state agency deletes a meeting video on a records-retention schedule and a journalist asks for it later, is that a violation of the open records law?
No. RIO did not violate open records law by failing to provide a meeting recording deleted under its retention schedule before the request. It had no duty to recreate a record no longer in its possession.
Can the public get a list of which specific companies and how much money each individual investment manager has put the North Dakota Legacy Fund into?
RIO could withhold the requested manager-specific Legacy Fund positions as confidential financial information under N.D.C.C. § 44-04-18.4. It directed the requester to monthly reports listing…
If a public-entity insurance pool denies my claim, can it also refuse to give me its claim file by calling it 'active litigation records'?
No, not on these facts. The North Dakota Insurance Reserve Fund violated the open records law by refusing the Kommers' claim file twice, first under an overbroad reading of the…
When someone asks a North Dakota sheriff's office for records about a victim or witness in a criminal case, must the sheriff release them?
Records that could be used to locate a victim or witness are exempt and protected. But the sheriff cannot deny the entire records request just because some pages contain protected information. The…
Can sitting county commissioners have one-on-one chats with newly elected commissioners about portfolios and the chair election before the new commissioners take office?
Yes, on the facts here. Conversations before a commissioner-elect's term began (the first Monday in December under N.D.C.C. § 11-10-05.1) don't involve a quorum of the current commission. The AG…
Is a private nonprofit senior services organization that gets county mill levy funding subject to North Dakota's open records and meetings laws?
Partially. The Williston Council for the Aging, a private nonprofit getting about 27% of its budget from county mill levies under N.D.C.C. § 57-15-56, is a 'public entity' to the extent of those…
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