A recall petition has been formally filed against Bourbon County Commissioner Samuel Tran, and Bourbon County Attorney James Crux has found the petition meets the legal requirements to begin collecting signatures that can lead to the recall process. This article looks at the petition, who filed it, the grounds for recall, the applicable laws, and what happens next.
For FortScott.biz’s publication of the County Attorney’s original letter finding the petition sufficient, see: County Attorney Finds Recall Petition of Commissioner Tran Sufficient.
Who Filed the Petition
The recall committee is made up of three Bourbon County residents:
- Lynne D. Oharah — Uniontown, KS
- Clinton L. Walker — Mapleton, KS
- Rachel S. Walker — Mapleton, KS
The petition was filed with the Office of the Secretary of State, Elections Division, using the standard Kansas “Petition For Recall of Elected Official” form (K.S.A. 25-4320, K.S.A. 25-4322).
Grounds for Recall
The petition alleges “Failure to perform duties prescribed by law” and makes the following specific claims:
- K.S.A. 79-2934, Kansas budget law, states that no money in any fund shall be used to pay for any indebtedness created in excess of the total amount of the adopted budget of expenditures for such fund.
- On December 15, 2025, during a regular business meeting, Commissioner Tran stated he would not be available to attend any budget hearing to amend the budget after the ten-day publication requirement.
- The petition alleges Tran failed to perform the duties prescribed by law to make himself available to amend known violations of budget law for Bourbon County, creating a budget violation.
- This budget violation was cited in the 2025 audit presented on May 4, 2026.
The petition states that these actions and omissions demonstrate a failure to perform official duties as prescribed by law and constitute sufficient grounds for recall under Kansas Statutes.
County Attorney’s Review
In a letter dated May 11, 2026, County Attorney James Crux reviewed the petition and found it meets all statutory requirements under K.S.A. 25-4320. Those requirements include the name and office of the official, grounds for recall described in less than 200 words, a statement that petition signers are registered electors, the name and address of the recall committee, the warning required by K.S.A. 25-4321, and a statement that a list of authorized petition circulators is on file with the County Election Officer.
Crux noted that under K.S.A. 25-4322, it is the duty of the County Attorney to determine the sufficiency of a recall petition. He found that the description of the alleged failure does indeed describe a failure to perform the required duties of a County Commissioner. However, the letter also notes that the truth or falsity of the grounds must still be determined by the electorate, not the County Attorney.
Signature Needed Still Being Determined
In an email on May 15, 2026, County Clerk Susan Walker stated that due to the uniqueness of Commissioner Tran’s appointment and the fact that he switched between districts, the Secretary of State is working on a ruling for the number of signatures that must be obtained. The Clerk indicated she would follow up as soon as a determination is made.
Under Kansas law (K.S.A. 25-4322), once the petition is found sufficient, the recall committee has 90 days to gather the required number of verified signatures from registered voters in the election district before the petition can proceed to a recall election.
Other Active Recall Petitions
Commissioner Tran is not the only Bourbon County official currently facing a recall petition. A separate recall petition was recently filed against County Clerk Susan Walker, alleging failure to perform duties related to ballot errors during the 2025 General Election. That petition was filed by a different recall committee made up of Kyle R. Parks, Kevin Wagner, and Lyle K. Owenby.
View the full recall petition documents (PDF)
Residents interested in the legal process for recalls may be interested in these links:
- K.S.A. 25-4301 et seq. — General provisions governing recall of local officials in Kansas
- K.S.A. 25-4320 — Requirements for the content of a recall petition
- K.S.A. 25-4321 — Warning required on the petition regarding the penalty for fraudulent signatures
- K.S.A. 25-4322 — County Attorney’s duty to determine sufficiency; 90-day signature-gathering period
- K.S.A. 25-4325 — Affidavit requirement for petition circulators
- K.S.A. 79-2934 — Kansas budget law (cited as the statute allegedly violated)
This is a developing story. FortScott.biz will continue to publish updates as more information becomes available, including the required number of signatures once the Secretary of State issues a ruling.