The ruling was issued Friday by District Judge John Fresh in a case brought by the Atchison County Attorney.
Calhoon was elected Atchison County Commissioner for District Two at a Republican Party convention in January, was appointed to the position by Governor Laura Kelly in February, and began serving as commissioner February 17th. He has continued to serve as undersheriff in Jackson County.
The court found that Kansas law prohibits anyone holding a state, county, township or city office from simultaneously serving as a county commissioner, with limited exceptions that do not apply in this case.
Fresh rejected Calhoon's arguments that the law was unconstitutional and that the case was an improper political effort to undermine the will of voters.
The judge ruled that the law is clear and unambiguous, and that Calhoon is ineligible to hold both offices at the same time.The court granted the county attorney's motion for judgment on the pleadings and ordered Calhoon to choose which office he will resign from.
The ruling takes effect immediately.
Calhoon, as the decision in the case remained in the judge's hands, was defeated in his attempt to hold the Commission seat for a full term, with Randell Vanderweide defeating him in this month's Republican Primary Election. She now faces Democrat John Settich in November's general election.
