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CHA 11/28/2005 TO: Charter Commission Members _ FROM: Deb Skogen, City Clerk and Staff Liaison Date: November 22, 2005 CITYOF Re: November 28, 2005, Charter Meeting FRIDLEY Happy Thanksgiving! Our offices will be closed on Thursday and Friday November 24th and 25th. Reminder: The Charter Commission created a new policy for members to follow regarding attendance at meetings. If you plan on attending the meeting, call or e-mail me before 8:00 a.m. Monday,November 28th If a commissioner has not called or e-mailed by 8:00 a.m., Monday,November 28th, it will be assumed they will not be attending the meeting. If there will be a quorum, based on the number of a meeting will be held, but Commissioners will not be called. If there will not be a quorum, those Commissioners who called will receive a phone call notifying them there will not a quorum and the meeting will be cancelled. A notice will then be placed on the door of the cancellation of the meeting for those commissioners who did not call, but came to the meeting. Attached please find your agenda for the November 28th meeting, along with the adopted minutes of the September 26th meeting. Deb Phone: 763-572-3523 e-mail: skogendna,ci.fridley.mn.us CITY OF FRIDLEY CHARTER COMMISSION MEETING September 26,2005 CALL TO ORDER: Chairperson Jorgenson called the Charter Commission meeting to order at 7:15 p.m. ROLL CALL: Members Present: Commissioners Braam,Fitzpatrick,Hoiby,Holm,Jorgenson,Reynolds, Soule and Van Dan Members Absent: Commissioners Borman,Findell,Gerrity,Gordon,Johnson and Linder Others Present: Deb Skogen,City Clerk/Staff Liaison APPROVAL OF AGENDA: Commissioner Holm MOVED and Commissioner Soule seconded a motion to approve the agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF JULY 18,2005,CHARTER COMMISSION MINUTES: Commissioner Van Dan MOVED and Commissioner Braam seconded a motion to approve the July 18,2005, Charter Commission Minutes. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ADMINISTRATIVE MATTERS Skogen noted that the Commission had one vacancy. 2. MISSION STATEMENT Commissioner Van Dan asked that this discussion be tabled for the evening as she would like to review it and add to it. Chairperson Jorgenson noted that the Mission Statement had been adopted and asked if Commissioner Van Dan would like to have it on the next month's agenda. Commissioner Van Dan said yes. 3. UPDATE ON CITY COUNCIL PROPOSED CHARTER AMENDMENT Chairperson Jorgenson said at the last meeting the Commission approved the proposed charter amendment and discussed the possibility of the City Council amending the language. She felt there had been a significant change. Commissioner Holm said that the language did not change significantly,but that the language of the ballot was a little easier to understand. Adopted 10-24-05 CHARTER COMMISSION MEETING OF SEPTEMBER 26,2005 PAGE 2 Skogen noted that the only change in the ordinance was Section 3. She said that the city attorney gave the city council three choices of ballot language and recommending deleting the portion showing the underlines and strikeouts due to the confusion of the last election. Commissioner Van Dan was reluctant about the change in the language and felt it granted too much power by adding the language"without the passage of a referendum for each such issue." Commissioner Van Dan also wanted to be on the record as stating she felt the ad hoc committee that addressed the petition language after the 2000 election committed election fraud and that she had spoken with the State Auditor, State Attorney General and Secretary of State Offices about the alleged election fraud. Commissioner Jorgenson said that if Commissioner Van Dan was alleging election fraud,she would have to take on that action herself and since it could be considered pending litigation,the Charter Commission could no discuss the issue. Commissioner Reynolds said that the Commission approved the amendment as it was written and was concerned that the amendment and language of the ballot had changed and did not feel that was the intention of the Commission. Ms. Skogen said that she provided the information to the Commission to keep them up-to-date and informed on the issue. Chairperson Jorgenson said that the language that was adopted still has the same intent as the original language, which it is much shorter and hopefully easier to understand. Commissioner Soule said while it appeared the language might give the council more latitude,Chapter 11 still required fees to be reasonable and just,and if they aren't,people have the recourse to come back to the City Council. Commissioner Braam said the language was easier to understand compared to the last election,which was too wordy. Chairperson Jorgenson said that MN Statutes does now allow the city to profit off of its services nor transfer to other funds. Commissioner Reynolds said an AG Opinion dated 1999 pertaining to Breckenridge said the PUC determined what fees were fair and reasonable and anything in excess could be put in the general fund. Commissioner Holm stated he had discussed that issue to Rick Pribyl who told him any fee charges from water and sewer must go into rate reductions rather than into the general fund. He wondered how much reserves the city should be permitted to have in the water and sewer funds. Chairperson Jorgenson reminded the Commissioners that when there was a rate reduction by MCES,the city did reduce the rates to the city users. Commissioner Reynolds was concerned that due to the language the city could input double digit increases right from the start. She also wondered why the city did not have a Public Utilities Commission which would act as a checks and balances type of system. She wondered if the other recourse would be to have a 9%increase every year until they got there. Commissioner Holm asked who would want to pay less than the cost to provide the service. Commissioner Reynolds wondered who would want to leave a large gap. Commissioner Holm said he did because the city did not have a history of overcharging for their services. Chairperson Jorgenson said the charter commission should not micro-manage the city council,but that if the city council was not doing their job,the people should elect citizens that will represent them. Commissioner Reynolds wondered if the referendum language was removed,if it meant the citizens could never have another referendum. Adopted 10-24-05 CHARTER COMMISSION MEETING OF SEPTEMBER 26,2005 PAGE 3 Ms. Skogen explained the only difference is that the language is shorter,that the council still intends to amend the charter the same way as shown in the first reading. 4. Discussion of Special Election by Mail Ballot Chairperson Jorgenson said it was a major concern about the voter turn out during a special election and that Ms. Skogen had prepared information on the possibility of allowing the city to vote by mail during a special election, which has been allowed by the legislature. Information was presented about the City of Plymouth and their change. Commissioner Soule suggested the Commissioner review the language in Chapter 11 after the election. Commissioner Van Dan did not think there was a need for a change. Chairperson Jorgenson wondered if there was any other information from other cities as to how it worked and whether or not there were there any controls that prevent fraud. Commissioner Reynolds wondered what happened in the future when technology changed and people were voting by computer. Ms. Skogen will gather information from other cities that may have done an election by mail. ADJOURNMENT: Commissioner Soule MOVED and Commissioner Reynolds seconded a motion to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON JORGENSON DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:30 P.M. Respectfully submitted, Debra A. Skogen, Kathleen Linder, Secretary City Clerk/Staff Liaison Adopted 10-24-05 CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, NOVEMBER 28, 2005 7:00 P.M. LOCATION: Fridley Municipal Center Meeting Room 1 (Lower Level) CALL TO ORDER: ROLL CALL: 1. APPROVAL OF AGENDA: 2. APPROVAL OF MINUTES October 24,2005 3. Administrative Matters A. One opening B. Appoint Nominations Committee C. Discuss Meeting Dates for 2006 4. Update on City Council Proposed Charter Amendment A. City Council Canvas Report 5. Discussion Mail Ballot of Special Elections 6. Appointment of Election Judges 7. Discussion of Future Items A. Mission Statement(Tabled) 8. ADJOURNMENT Next regular meeting: Monday, January 23, 2006, at 7:00 p.m. in Meeting Room 1 in the Lower Level CITY OF FRIDLEY CHARTER COMMISSION MEETING October 24,2005 CALL TO ORDER: Chairperson Jorgenson called the Charter Commission meeting to order at 7:05 p.m. ROLL CALL: Members Present: Braam,Findell,Hoiby,Holm Jorgenson,Linder,and Soule Members Absent: Borman,Fitzpatrick,Gerrity,Gorgon,Johnson,Reynolds,and Van Dan Others Present: Deb Skogen,City Clerk/Staff Liaison APPROVAL OF AGENDA: Commissioner Soule MOVED and Commissioner Findell seconded a motion to approve the agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF SEPTEMBER 26,2005,CHARTER COMMISSION MINUTES: The Charter Commission minutes were presented at the Charter Commission for the Commissioners to review. A few changes were pointed out to Ms. Skogen who said she would change the minutes and provide copies at the next meeting. Commissioner Braam MOVED and Commissioner Hoiby seconded a motion to approve the September 26,2005 Charter Commission Minutes as recommended. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ADMINISTRATIVE MATTERS Ms. Skogen noted that there was still one opening on the Commission and at the next meeting they would discuss the 2006 calendar. 2. Mission Statement The mission statement was again tabled due to the absence of Commissioner Van Dan. 3. Update on City Council Proposed Charter Amendment Ms Skogen gave an election update to the Commissioners letting them know the status of what was going on. She noted that the City has provided information to its citizens through the utility bill,cable television and the city newsletter. At this time the election is scheduled for November 8t. Draft CHARTER COMMISSION MEETING OF OCTOBER 24,2005 PAGE 2 4. Mail Ballot of Special Election At this time the Commission concluded that it would most likely be as expensive to do a mail ballot as it would be a regular election. The cost of the mailing would be the same cost as the salaries of the election judges. This item was tabled for future discussion. 5. Appointment of Election Judges Ms. Skogen said that the city attorney recommended the Charter Commission to review the appointment of election judges due to the differences between the state and city charter. The Charter recommends election judges be appointed in the precinct they live in,whereas the state allows election judges to be appointed statewide. Ms. Skogen said that sometimes it is hard when scheduling election judges to keep them in their precinct due to the requirements of state law. She said it would be much easier if the language in the charter requiring them to be appointed in their own precinct could be removed to make it easier to schedule the election judges as needed. She provided language from the state statutes as well as the city charter. The Commissioners discussed the language and recommended the following language to Section 4.05 of the city charter: The Council shall at least twenty-five(25)days before each municipal election appoint two(2)eligible registered voters for each voting precinct to be election judges ' and one(1)registered voter of the-same precinct to be the head election judge;or as many election judges mere-er-less as may be determined by the Council. Ms. Skogen will prepare a draft ordinance and a memo for the next meeting. ADJOURNMENT: Commissioner Findell MOVED and Commissioner Braam seconded a motion to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON JORGENSON DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:00 P.M. Respectfully submitted, Debra A. Skogen, Kathleen Linder, Secretary City Clerk/Staff Liaison DRAFT �. Section 4.05. JUDGES OF ELECTION. The Council shall at least twenty-five (25) days before each municipal election appoint two (2) registered voters of each voting precinct to be judges of elections therein and one (1) registered voter of the same precinct to be head judge of election, or as many more or less as may be determined by the Council. No person signing or circulating a petition of nomination of candidate for election to office or any member of a committee petitioning for a referendum or recall shall be eligible to serve as a judge of such election. (Ref. Ord. 592, Ord. 873) 204B.17 CHANGE OF POLLING PLACE BY ELECTION JUDGES. When a designated polling place does not comply with the requirements of this chapter the election judges of that precinct,on or before the opening of the_polls-on election day and upon approval by the municipal clerk in municipalities or school districts or the county auditor in unorganized territory,shall procure a polling place which is as near the designated polling place as possible and which does comply with those requirements. When a new polling place is procured by the election judges,they shall meet on election day at the original polling place where they shall fill any vacancies in their number,publicly announce the change in polling place to the voters who are present and post a notice in large print of the change in a conspicuous place. They shall also post a notice in a location visible by voters who vote from their motor vehicles as provided in section 204C.15, subdivision 2. Upon completing these duties the election judges shall adjourn to the new polling place,where they shall post a similar notice of the change in polling place. The election judges shall certify to the appropriate governing body the expenses incurred because of the change. These expenses shall be paid as part of the expenses of the election. History: 1981 c29 art 4s17;1984 c 471 s 6;1990c453s5 204B.18 POLLING PLACES;EQUIPMENT. Subdivision 1. Booths.Each polling place must contain a number of voting booths in proportion to the number of individuals eligible to vote in the precinct. Each booth must be at least six feet high,three feet deep and two feet wide with a shelf at least two feet long and one foot wide placed at a convenient height for writing. The booth shall be provided with a door or curtains. Each accessible polling place must have at least one accessible voting booth or other accessible voting station. All booths or stations must be constructed so that a voter is free from observation while marking ballots. In all other polling places every effort must be made to provide at least one accessible voting booth or other accessible voting station. During the hours of voting,the booths or stations must have instructions,a pencil,and other supplies needed to mark the ballots. If needed,a chair must be provided for elderly and handicapped voters to use while voting. All ballot boxes,voting booths,voting stations,and election judges must be in open public view in the polling place. Subd.2. Ballot boxes.Each polling place shall be provided with one ballot box for each kind of ballot to be cast at the election. The boxes shall be substantially the same color as the ballots to be deposited in them. Each box shall be of sufficient size and shall have a sufficient opening to receive and contain all the ballots likely to be deposited in it. When buff or goldenrod ballot boxes are required,a separate box must be provided for each school district for which ballots are to be cast at that polling place. The number and name of the school district must appear conspicuously on the top of each buff or goldenrod ballot box. History: 1981 c 29 art 4 s 18;1984 c 471 s 7;1987 c 266 art 1 s 26;2000 c 467 s 17 NOTES AND DECISIONS 204B.18 Private group may not use official election machinery. Op.Atty.Gen.64-0,July 22,1966. Village and town may use a retractable partition in order to maintain separate voting facilities for each precinct.Op.Atty.Gen.185A-5, February 8,1966. NEW LANGUAGE 2004 204B.19 ELECTION JUDGES;QUALIFICATIONS. Subdivision 1. Individuals qualified to be election judges.Except as provided in subdivision 6,any individual who is eligible to vote in this state is qualified to be appointed as an election judge. Subd.2. Individuals not qualified to be election judges.No individual shall be appointed as an election judge for any precinct if that individual: (a)Is unable to read,write or speak the English language; (b)Is the spouse,parent,child or sibling of any election judge serving in the same precinct or of any candidate at that election;or (c)Is a candidate at that election. Subd.3.Repealed,1985 c 248 s 37 Subd.4. Additional qualifications permitted;examination.The appointing authority may establish additional qualifications which are not inconsistent with the provisions of this section and which relate to the ability of an individual to perform the duties of an election judge. The appointing authority may examine any individual who seeks appointment as an election judge to determine whether the individual meets any qualification established under this section. Subd.5. Party balance requirement.No more than half of the election judges in a precinct may be members of the same major political party unless the election board consists of an odd number of election judges,in which case the number of election judges who are members of the same major political party may be one more than half the number of election judges in that precinct. Subd 6. High school students.Notwithstanding any other requirements of this section.a student enrolled in a high school in Minnesota or who is in a home-school in compliance with sections 120A.22 and 120A24,who has attained the age of 16 is eligible to be appointed as a without party affiliation trainee election judge in the county in which the student resides. The student must meet qualifications for trainee election fudges specified in rules of the secretary of state. A student appointed as a trainee election fudge may be excused from school attendance during the hours that the student is serving as a trainee election judge if the student submits a written request signed and approved by the student's parent or guardian to be absent from school and a certificate from the appointing authority stating the hours during which the student will serve as a trainee election judge to the principal of the school at least ten days prior to the election. Students shall not serve as trainee election judges after 10:00p.m. Notwithstanding section 177.24 to the contrary,trainee election judges may be paid not less than two-thirds of the minimum wage for a large employer. The principal of the school may approve a request to be absent from school conditioned on acceptable academic performance at the time of service as a trainee election judge. History:1981 c 29 art 4 s 19;1983 c 126 s 1;1983 c 303 s 7;1985 c 39 s 1; 1987 c 266 art 1 s 27, 1991 c 237 s 1,2;1995 c 34 s 1;2000 c 467 s 18;2004 c 293 art 2 s 19,20 NOTES AND DECISIONS 2048.19 Violation of statutes setting election judge qualifications not condoned.Hahn v.Graham,225 N.W.2d 385(Minn.1975). Where there was a complete failure to comply with statute in the appointment of election board the election was invalid.In re Contest of Election of Vetsch,245 Minn.229,71 N.W.2d 652(1955). In an election which is not a general election,additional judges to count ballots are not required,but may be provided by the village with no limitation on the number thereof.Op.Atty.Gen.183G,September 19,1967. Statutory requirement of party balance amongst election judges is applicable to all election precincts,including one precinct municipalities described in former section 204A.17(5).Op.Atty.Gen.183N,September 30,1964. Village and town which are separate election precincts may not use one set of election judges or one set of election facilities in one room. Op.Atty.Gen.185A-5,August 6,1964. Former section 204A.17 is applicable to special county election on question of issuing bonds.Op.Atty.Gen.183G,November 27,1963. Village council has no authority to modify,change,or waive the provisions of law requiring appointment of judges of election at least twenty-five days prior to date of election.Op.Atty.Gen.472K,July 11,1951. 204B.195 TIME OFF FROM WORK TO SERVE AS ELECTION JUDGE. An individual who is selected to serve as an election judge pursuant to section 204B.21,subdivision 2 may, after giving an employer at least 20 days'written notice,be absent from a place of work for the purpose of serving as an election judge without penalty. An employer may reduce the salary or wages of an employee serving as an election judge by the amount paid to the election judge by the appointing authority during the time the employee was absent from the place of employment. The written request to be absent from work must be accompanied by a certification from the appointing authority stating the hourly compensation to be paid the employee for service as an election judge and the hours during which the employee will serve. An employer may restrict the number of persons to be absent from work for the purpose of serving as an election judge to no more than 20 percent of the total work force at any single worksite. History:1983 c 126 s 2;1986 c 444;1991 c 237 s 3 204B.20 ELECTION BOARD;HEAD ELECTION JUDGE;DUTIES. The election judges appointed to serve in an election precinct shall constitute the election board for that precinct. The appointing authority shall designate one of the election judges in each precinct to serve as the head election judge. The head election judge shall assign specific duties to the election judges of that precinct as necessary or convenient to complete forms,obtain signatures,and perform all the other duties required of election judges. History: 1981 c 29 art 4 s 20; 1986 c 444; 1 Sp2001 c 10 art 18 s 20 204B.21 APPOINTMENT OF ELECTION JUDGES. Subdivision 1. Appointment lists;duties of political parties and county auditor.On July 1 in a year in which there is an election for a partisan political office,the county or legislative district chairs of each major political party,whichever is designated by the state party,shall prepare a list of eligible voters to act as election judges in each election precinct in the county or legislative district. The chairs shall furnish the lists to the county auditor of the county in which the precinct is located. By July 15,the county auditor shall furnish to the appointing authorities a list of the appropriate names for each election precinct in the jurisdiction of the appointing authority. Separate lists shall be submitted by the county auditor for each major political party. Subd.2. Appointing authority;powers and duties.Election judges for precincts in a municipality shall be appointed by the governing body of the municipality. Election judges for precincts in unorganized territory and for performing election-related duties assigned by the county auditor shall be appointed by the county board. Election judges for a precinct composed of two or more municipalities must be appointed by the governing body of the municipality or municipalities responsible for appointing election judges as provided in the agreement to combine for election purposes. Appointments shall be made from lists furnished pursuant to subdivision 1 subject to the eligibility requirements and other qualifications established or authorized under section 204B.19. If no lists have been furnished or if additional election judges are required after all listed names have been exhausted,the appointing authority may appoint any other individual to serve as an election judge subject to the same requirements and qualifications. The appointments shall be made at least 25 days before the election at which the election judges will serve. History: 1981 c 29 art 4 s 21;1983 c 303 s 8;1986 c 444;1987 c 212 s 5;1999 c 132 s 19 NOTES AND DECISIONS 204B.21 Where there was a complete failure to comply with statute in the appointment of election board the election was invalid.In re Contest of Election of Vetsch,245 Minn.229,71 N.W.24 652(1955). In an election which is not a general election,additional judges to count ballots are not required,but may be provided by the village with no limitation on the number th ereo£Op.Atty.Gen.183G,September 29,1967. Village and town which are separate election precincts may not use one set of election judges or one set of election facilities in one room. Op.Atty.Gen.185A-5,August 6,1964. Section is applicable to special county election on question of issuing bonds.Op.Atty.Gen.183G,November 27,1963. Village council has no authority to modify,change,or waive the provisions of law requiring appointment of judges of election at least twenty-five days prior to date of election.Op.Atty.Gen.472K,July 11,1951. NEW LANGUAGE 2004 204B.22 ELECTION JUDGES;NUMBER REQUIRED. n Subdivision 1. Minimum number required.(a)A minimum of three election judges shall be appointed for each precinct. In a combined polling place under section 204B.14,subdivision 2,at least one judge must be appointed from each municipality in the combined polling place,provided that not less than three judges shall be appointed for each combined polling place. The appointing authorities may appoint election judges for any precinct in addition to the number required by this subdivision including additional election judges to count ballots after voting has ended. (b)An election judge may serve for all or part-of Election Day,at the discretion of the appointing authority, as long as the minimum number of judges required is always present. The head election judge designated under section 204B.20 must serve for all of election day and be present in the polling place unless another election judge has been designated by the head election judge to perform the functions of the head election judge during any absence. Subd.2. Additional election judges in paper ballot precincts.In precincts using paper ballots,one election judge shall be appointed for each 150 votes cast in that precinct at the last similar election. At each state primary or state general election in precincts using paper ballots and in which more than 300 votes were cast at the last similar election,additional election judges shall be appointed to count the ballots and complete the returns in place of the election board that served while voting was taking place. Subd.3. Minimum number required in certain precincts.At each state primary or state general election in precincts using an electronic voting system with marking devices and in which more than 400 votes were cast at the last similar election,the minimum number of election judges is three plus one judge to demonstrate the use of the voting machine or device. Subd.4. Election judge trainees not counted toward minimum number of election judges.The presence or participation of election judge trainees must not be counted toward satisfying any of the required numbers of election judges in this chapter. HIST: 1981 c 29 art 4 s 22; 1986 c 362 s 3; 1987 c 212 s 6; 1994 c 607 s 5; 1997 c 147 s 31; 1 Sp2001 c 10 art 18 s 21,22;2004 c 293 art 2 s 21 NOTES AND DECISIONS 204B.22 Where there was a complete failure to comply with statute in the appointment of election board the election was invalid.In re Contest of Election of Vetsch,245 Minn.229,71 N.W.2d 652(1955). Failure to have full number of required election judges present was not fatal to validity of election. State ex re Sch.Dist.No.56, Traverse Co.v.Schmiesing,243 Minn.11,66 N.W.2d 20(1954). In an election which is not a general election,additional judges to count ballots are not required,but may be provided by the village with no limitation on the number thereof.Op.Atty.Gen.183G,September 29,1967. Village and town which are separate election precincts may not use one set of election judges or one set of election facilities in one room. Op.Atty.Gen.185A-5,August 6,1964. Former section 204A.17 applicable to special county election on question of issuing bonds.Op.Atty.Gen.183G,November 27,1963. Village council has no authority to modify,change,or waive the provisions of law requiring appointment of judges of election at least twenty-five days prior to date of election.Op.Atty.Gen.472K,July 11,1951. 204B.23 VACANCIES AMONG ELECTION JUDGES. A vacancy on an election board occurs when any election judge who is a member of that board: (a)Fails In arrive attir polling place within 30 miraltes after&time when the polling place is scheduled toopen; (b)Becomes unable to perform the duties of the office after assuming those duties;or (c)For any reason fails or refuses to perform the duties of the office as assigned by the head election judge. When a vacancy occurs,the remaining election judges of the precinct shall elect an individual to fill the vacancy subject to the provisions of section 204B.19. When possible the election judges shall elect individuals who have been trained as election judges pursuant to section 204B.25. The oath signed by the new election judge shall indicate that the new election judge was elected to fill a vacancy. The municipal clerk may assign election judges to fill vacancies as they occur. NEST: 1981 c 29 art 4 s 23; 1986 c 444; 1997 c 147 s 32; 1 Sp2001 c 10 art 18 s 23 204B.24 ELECTION JUDGES;OATH. Each election judge shall sign the following oath before assuming the duties of the office: "I solemnly swear that I will perform the duties of election judge according to law and the best of my ability and will diligently endeavor to prevent fraud,deceit and abuse in conducting this election." The oath shall be attached to the summary statement of the election returns of that precinct. If there is no individual present who is authorized to administer oaths,the election judges may administer the oath to each other. History: 1981 c 29 art 4 s 24 NOTES AND DECISIONS 204B.24 Defects in oath-taking did not invalidate election. Green v.Ind.Consol Sch.Dist.No.1,Lyon Co.,252 Minn.361,89 N.W.2d 12(1958). 204B.25 TRAINING FOR ELECTION JUDGES. Subdivision 1. Duties of county auditor.Each county auditor shall provide training for all election judges who are appointed to serve at any election to be held in the county. The county auditor shall also provide a procedure for emergency training of election judges elected to fill vacancies. The county auditor may delegate to a municipal election official the duty to provide training of election judges in that municipality or school district. Subd.2. Rules of secretary of state.The secretary of state shall adopt rules establishing programs for the training of county auditors,local election officials,and election judges by county auditors as required by this section. Subd.3. Trained election judges;number required.Each election precinct in which less t•an 100 individuals voted at the last state general election shall have at least two election judges who are members of different major political parties who have received training as required in this section. In every other election precinct,no individual may serve as an election judge who has not received training as required by subdivision 1. Subd.4. Training for local election officials.At least once every two years,the county auditor shall conduct training sessions for the municipal and school district clerks in the county. The training sessions must beconducted in the manner provided by the secretary of state. No local election official may administer an election without receiving training from the county auditor. History: 1981 c 29 art 4 s 25;1987 c 266 art 1 s 28;1999 c 250 art 1 s 86,87 204B.26 ELECTION JUDGES;VIOLATIONS;PENALTIES. Any individual who serves as an election judge in violation of any of the provisions of sections 204B.19 to 204B.25,is guilty of a misdemeanor. History: 1981 c 29 art 4 s 26 NOTES AND DECISIONS 204B.26 Violation of election statutes does not invalidate election absent showing of prejudice,fraud,or bad faith. Hahn v.Graham,302 Mimi. 407,225 N.W.2d 385(1975). 204B.27 DUTIES OF SECRETARY OF STATE. Subdivision 1. Blank forms.At least 25 days before every state election the secretary of state shall transmit to each county auditor a sufficient number of blank county abstract forms and other blank forms the secretary of state deems necessary for the conduct of the election. Subd.2. Election law and instructions.The secretary of state shall prepare and publish a volume containing all state generallaws relating to elections. The attorney general shall provide annotations to the secretary of state for this volume. On or before July 1 of every even numbered year the secretary of state shall furnish to the county auditors and municipal clerks enough copies of this volume so that each county auditor and municipal clerk will have at least one copy. The secretary of state may prepare and transmit to the county auditors and municipal clerks detailed written instructions for complying with election laws relating to the conduct of elections,conduct of voter registration and voting procedures. Subd.3. Instruction posters.At least 25 days before every state election the secretary of state shall prepare and furnish to the county auditor of each county in which paper ballots are used,voter instruction posters printed in large type upon cards or heavy paper. The instruction posters must contain the information needed to enable the voters to cast their paper ballots quickly and correctly and indicate the types of assistance available for elderly and handicapped voters. Two instruction posters shall be furnished for each precinct in which paper ballots are used. Subd.4. Pamphlets.The secretary of state shall prepare and distribute to election officials pamphlets for voters containing impartial instructions relating to voter registration and election procedures. The pamphlets must indicate the types of registration and voting assistance available for elderly and handicapped individuals and residents of health care facilities and hospitals. Subd.5. Conferences for county auditors.Before each state primary the secretary of state shall conduct conferences with county auditors to instruct them on the administration of election laws and the training of local election officials and election judges. Subd.6. Voter participation.The secretary of state may sponsor or participate in nonpartisan activities to promote voter participation in Minnesota elections and in efforts to increase voter registration and voter turnout. Subd.7. Educational activities.The secretary of state may authorize educational activities related to voting and elections for elementary or secondary school students in the polling place on the day of a state,county, municipal,or school district election. Ballots used for educational activities must be a different color than any ballot used at the election. Activities authorized under this subdivision must be administered in a manner that does not interfere with the conduct of the election. Subd.8. Voter information telephone line.The secretary of state shall provide a voter information telephone line. A toll-free number must be provided for use by persons residing outside the metropolitan calling area. The secretary of state shall make available information concerning voter registration,absentee voting,election results,and other election-related information considered by the secretary of state to be useful to the public. Subd.9. Election supply contract.The secretary of state may enter into a statewide contract from which any county auditor may purchase ballots,forms,or other election supplies. Subd. 10. Training for county auditors;training materials.The secretary of state shall develop a training program in election administration for county auditors and shall certify each county auditor who successfully completes the training program. The secretary of state shall provide each county auditor with materials for use in training local election officials and election judges. Subd. 11. Translation of voting instructions.The secretary of state may develop voting instructions in languages other than English,to be posted and made available in polling places during elections. The state demographer shall determine and report to the secretary of state the languages that are so common in this state that there is a need for translated voting instructions. History: 1981 c 29 art 4 s 27; 1983 c 303 s 9; 1984 c 471 s 8,9; 1984 c 560 s 10,11; 1987 c 175 s 6; 1989 c 291 art 1 s 9; 1991 c 237 s 4; 1992 c 513 art 3 s 43; 1994 c 632 art 3 s 54; 1997 c 147 s 33; 1999 c 132 s 20; 1999 c 250 art 1 s 88; 1 Sp2001 c 10 art 18 s 24 204B.28 CLERKS;ELECTION SUPPLIES;DUTIES. Subdivision 1. Meeting with election officials.At least 12 weeks before each regularly scheduled general election,each county auditor shall conduct a meeting with local election officials to review the procedures for the election. The county auditor may require the head election judges in the county to attend this meeting. Subd.2. Election supplies; duties of county auditors and clerks.Except as otherwise provided for absentee ballots in section 204B.35,subdivision 4,the county auditor shall complete the preparation of the election materials for which the auditor is responsible at least four days before every state primary and state general election. At any time after all election materials are available from the county auditor but not later than four days before the election each municipal clerk shall secure from the county auditor. (a)The forms that are required for the conduct of the election; (b)Any printed voter instruction materials furnished by the secretary of state; (c)Any other instructions for election officers;and (d)A sufficient quantity of the official ballots,registration files,envelopes for ballot returns,and other supplies and materials required for each precinct in order to comply with the provisions of the Minnesota Election Law. The county auditor may furnish the election supplies to the municipal clerks in the same manner as the supplies are furnished to precincts in unorganized territory pursuant to section 204B.29,subdivision 1. History: 1981 c 29 art 4 s 28; 1981 c 217 s 5; 1984 c 560 s 12; 1986 c 444; 1990 c 585 s 25; 1999 c 250 art 1s 89; 1Sp2001 c 10 art 18 s 25 204B.29 ELECTION JUDGES;ELECTION SUPPLIES;DUTIES. Subdivision 1. Securing election materials.Before 9:00 p.m.on the day preceding an election,at least one election judge from each precinct in each municipality,or school district if applicable,shall secure voter registration files,ballots,forms,envelopes and other required supplies from the municipal clerk,school district clerk,or other legal custodian. The election judge shall deliver the materials to the polling place before the time when voting is scheduled to begin on election day. The county auditor shall send or deliver the election supplies enumerated in this section to the election judges in the precincts in unorganized territory. The election supplies may be sent by certified mail,parcel post,express mail or any other postal service providing assured delivery by no later than the day before the election. If the election supplies are delivered by any other means,they hall be delivered by no later than the day before the election. Each precinct shall be furnished with 100 ballots of each kind for every 85 individuals who voted in that precinct at the last election for the same office or on similar questions,or with ballots of each kind in an amount at least ten percent greater than the number of votes which are reasonably expected to be cast in that precinct in that election,whichever supply of ballots is greater. No precinct shall be furnished with any ballots containing the name of any candidate who cannot properly be voted for in that precinct. The election judges shall be responsible for the preservation of all election materials received by them until returned to the appropriate election officials after the voting has ended. Subd.2. Failure of election judges to secure materials.If no election judge secures the election materials for a precinct in any municipality,or school district if applicable,as provided in subdivision 1,the municipal or school district clerk shall deliver them to an election judge for that precinct not later than the time when voting is scheduled to begin. The municipal or school district clerk shall require the election judge accepting delivery of the election supplies to sign a receipt for them. The election judges of that precinct shall pay the expenses of delivery of the materials and shall be liable for the penalty provided by law for neglect of duty. History: 1981 c 29 art 4 s 29; 1984 c 560 s 13;1987 c 266 art 1 s 29 204B30 UNOFFICIAL BALLOTS. When no official or substitute ballots are ready at the time when voting is scheduled to begin or if the supply is exhausted before the voting ends,the election judges shall contact the municipal clerk and,at the clerk's direction, shall prepare unofficial ballots,printed or written as nearly as practicable in the form of the official ballots,which ballots may be used until official or substitute ballots are available. When unofficial ballots are prepared and used in any precinct,the election judges shall note that fact on the summary statement of the returns for that precinct and specify the number of unofficial ballots that were cast. History: 1981 c 29 art 4 s 30;1986 c 444 204B31 COMPENSATION FOR ELECTION SERVICES. Subdivision 1. Compensation.The compensation for services performed under the Minnesota election law shall be as follows: ■••• • (a)To presidential electors from funds appropriated to the secretary of state for this purpose,$35 for each day of attendance at the capitol and mileage for travel to and from the capitol in the amount allowed for state employees in accordance with section 43A.18,subdivision 2; (b)To individuals,other than county,city,school district,or town employees during their normal work day, who are appointed by the county auditor to carry ballots to or from the county auditor's office,a sum not less than the prevailing Minnesota minimum wage for each hour spent in carrying ballots and mileage in the amount allowed pursuant to section 471.665,subdivision 1; (c)To members of county canvassing boards,a sum not less than the prevailing Minnesota minimum wage for each hour necessarily spent and an amount for each mile of necessary travel equal to the amount allowed pursuant to section 471.665,subdivision 1; (d)To election judges serving in any city,an amount fixed by the governing body of the city;to election judges serving in any school district election which is not held in conjunction with a state election,an amount fixed by the school board of the school district;to election judges serving in unorganized territory,an amount fixed by the county board;and to election judges serving in towns,an amount fixed by the town board. Election judges shall receive at least the prevailing Minnesota minimum wage for each hour spent carrying out their duties at the polling places and in attending training sessions required by section 204B.25,except as provided in subdivision 2. An election judge who travels to pick up election supplies or to deliver election returns to the county auditor shall receive,in addition to other compensation authorized by this section,a sum not less than the prevailing Minnesota minimum wage for each hour spent performing these duties,plus mileage in the same amount as allowed pursuant to section 471.665,subdivision 1;and (e)To sergeants at arms,an amount for each hour of service performed at the direction of the election judges, fixed in the same manner as compensation for election judges. Subd.2. Volunteer service.Any person appointed to serve as an election judge may elect to serve without payment by submitting a written statement to the appropriate governing body no later than ten days before the election. History: 1981 c 29 art 4 s 31;1982 c 424 s 58;1983 c 126 s 3;1983 c 253 s 8;1987 c 266 art 1 s 30;1997 c 147 s 34 204B.32 ELECTION EXPENSES;PAYMENT. Subdivision 1. Payment.(a)The secretary of state shall pay the compensation for presidential electors,the cost of printing the pink paper ballots,and all necessary expenses incurred by the secretary of state in connection with elections. (b)The counties shall pay the compensation prescribed in section 204B.31,clauses(b)and(c),the cost of printing-the canary ballots,the white ballots,the pink ballots when machines are used,the state partisan primary ballots,and the state and county nonpartisan primary ballots,all necessary expenses incurred by county auditors in connection with elections,and the expenses of special county elections. (c)Subject to subdivision 2,the municipalities shall pay the compensation prescribed for election judges and sergeants at arms,the cost of printing the municipal ballots,providing ballot boxes,providing and equipping polling places and all necessary expenses of the municipal clerks in connection with elections,except special county elections. (d)The school districts shall pay the compensation prescribed for election judges and sergeants-at-arms,the cost of printing the school district ballots,providing ballot boxes,providing and equipping polling places and all necessary expenses of the school district clerks in connection with school district elections not held in conjunction with state elections. When school district elections are held in conjunction with state elections,the school district shall pay the costs of printing the school district ballots,providing ballot boxes and all necessary expenses of the school district clerk. All disbursements under this section shall be presented,audited,and paid as in the case of other public expenses. Subd.2. Allocation of election expenses.The secretary of state shall develop procedures for the allocation of election expenses among counties,municipalities,and school districts for elections that are held concurrently. The following expenses must be included in the procedures: salaries of election judges;postage for absentee ballots and applications;preparation of polling places;preparation and testing of electronic voting systems;ballot preparation; publication of election notices and sample ballots;transportation of ballots and election supplies;and compensation for administrative expenses of the county auditor,municipal clerk,or school district clerk. n History:1981 c 29 art 4 s 32;1983 c 301 s 162; 1987 c 266 art 1 s 31;1991 c 227 s 14;1995 c 8 s 3 1 TO: Charter Commission Members _ FROM: Deb Skogen, City Clerk and Staff Liaison Date: November 22, 2005 CITY OF Re: Appointment of Election Judges FRIDLEY Election judges are appointed by the City Council before each municipal election. This year one of our councilmembers questioned the appointment of one judge, thinking that they had moved out of town. Our city attorney stated that our Charter requireed the election judges to be appointed by precinct. Although our Charter can be more restrictive, in this case state law would supersede the language because there are some instances where we cannot appoint election judges to their own precincts. Over the years the appointment of election judges has evolved in state law. Our City Charter requires that at least 3 judges, or as many more or less as needed, be appointed from the precincts that they live in. To help clarify the appointment of election judges it is good to note that state law requires the following: An individual qualified to be an election judge • Is eligible to vote in this state An individual not qualified to be an election judge • Is unable to read, write or speak the English language; • Is the spouse, parent, child or sibling of any election judge serving in the same precinct or of any candidate at that election; or • Is a candidate at that election. Additional qualifications • The appointing authority may establish additional qualifications which are not inconsistent with the provisions of this section and which relate to the ability of an individual to perform the duties of an election judge. • No more than half of the election judges in a precinct may be members of the same major political party, unless the election board consists of an odd number of election judges, in which case the number of election judges who are members of the same major political party may be one more than half the number of election judges in that precinct. Each municipal election staff struggles to schedule election judges to meet the requirements of the city charter and state law. It is a very difficult task and staff has consistently worked within the intent of the state law when scheduling them. There are instances where staff cannot find election judges that are willing to work in a certain precinct, because there are no individuals who live in that precinct that apply. When that happens, staff has scheduled election judges from r other precincts to work in that precinct. Based on the recommendation of the city attorney, staff would concur and recommend that the Charter Commission recommend by ordinance an amendment to the city charter pertaining to the appointment of election judges. r r ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER PERTAINING TO APPOINTMENT OF ELECTION JUDGES The Fridley Charter Commission and the Fridley City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Charter be hereby amended as follows: Fridley City Charter Chapter 4—Nominations and Elections Section 4.05 Judges of Election The Council shall at least twenty-five (25) days before each municipal election appoint two (2) eligible registered voters for each voting precinct to be election judges and one (1)registered voter of the same precinct to be the head election judge; or as many election judges more or less as may be determined by the Council. No person signing or circulating a petition of nomination of candidate for election to office, or any member of a committee petitioning for a referendum or recall, shall be eligible to serve as a judge of such election. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200 . SCOTT J. LUND,MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: First Reading: Second Reading: Published: