(KAIR)--Atchison County’s newest commissioner has a decision to make: remain in that office or remain in the office of Jackson County undersheriff, “but he cannot continue to serve in both offices lawfully.”

That’s outlined in a filing Tuesday in Atchison County District Court seeking “an order declaring that [John Calhoon] is not presently eligible to hold both offices.”

The petition in quo warranto, a legal action used to challenge someone’s right to hold a public office or exercise a governmental or corporate power, lays out the state’s case. The filing calls the situation a matter “of urgency and significant public concern,” noting that Calhoon is currently serving in the commission seat he was appointed to in late January and is “involved in reviewing and voting on various matters of county importance, including preparations for reviewing budgets for fiscal year 2027,” while holding both offices.

Calhoon executed the oath of office, and was sworn in as 2nd District Atchison County commissioner, on February 17. That followed his selection during a January 29 convention of the Atchison County GOP and his formal appointment by Gov. Laura Kelly on February 6, as well as correspondence from Secretary of State Scott Schwab February 9.

Questions regarding Calhoon’s eligibility for the Atchison County Commission position arose immediately after his convention selection. The filing states that “the state seeks an order requiring [Calhoon] to resign from one of the positions.”

The state is represented by Atchison County Attorney Sherri Becker.