Letter, August 23, 1972, to Arthur Harvey, Rice County Clerk, Lyons, Kansas.

Dear Mr. Harvey:

Your letter of August 8, 1972, to Miss Vincent of the State Library has been referred to our office for consideration.

In your letter you pose the following question:

"Does the fact that Bushton residences voted on this question invalidate the library question voting?"
In answer to your question I call your attention to K.S.A. 12-1220 which provides in part:
"If the territory of the municipality includes another municipality which is then maintaining a library, the proposition to establish a library by the larger municipality shall not be voted upon by the residents of the included municipality, nor shall a levy to establish or maintain such library be assessed against property therein, . . . ."
The wording of the statute would appear to prohibit the residents of Bushton from voting on the library question only if Bushton is currently maintaining a public library. Because Bushton does not have a publicly financed library, it was proper for the residents of Bushton to vote in the township library election.

- Quoted from Kansas Public Library Laws, Attorney General’s Opinions and Rules and Regulations, State Library of Kansas, March 1979.


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