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CHA 10/29/2012
FRIDLEY CHARTER COMMISSION AGENDA MONDAY, OCTOBER 29, 2012 7:00 P.M. LOCATION: Fridley Municipal Center Conference Room A - Upper Level CALL TO ORDER: ROLL CALL: 1. APPROVAL OF AGENDA: 2. APPROVAL OF MINUTES October 1,2012 3. ADMINISTRATIVE MATTERS 4. CHARTER BOOKS-CHAPTER REVIEW Run through Chapters for Updates. 5. DISCUSSION OF CHAPTER 5 Review recommended changes to Chapter 5 for fmal approval. 6. DISCUSSION OF PROS AND CONS OF BEING CHARTER CITY 7. OTHER BUSINESS 8. FUTURE MEETING TOPICS 9. ADJOURNMENT Next Regular Commission meeting January 4, 2013 Meeting Room 1 - Lower Level Meeting Room ill FRIDLEY CHARTER COMMISSION AGENDA MONDAY, OCTOBER 29, 2012 7:00 P.M. LOCATION: Fridley Municipal Center Conference Room A - Upper Level CALL TO ORDER: ROLL CALL: 1. APPROVAL OF AGENDA: 2. APPROVAL OF MINUTES October 1,2012 3. ADMINISTRATIVE MATTERS 4. CHARTER BOOKS-CHAPTER REVIEW Run through Chapters for Updates. 5. DISCUSSION OF CHAPTER 5 Review recommended changes to Chapter 5 for fmal approval. 6. DISCUSSION OF PROS AND CONS OF BEING CHARTER CITY 7. OTHER BUSINESS 8. FUTURE MEETING TOPICS 9. ADJOURNMENT Next Regular Commission meeting January 4, 2013 Meeting Room 1 - Lower Level Meeting Room CITY OF FRIDLEY CHARTER COMMISSION MEETING OCTOBER 1,2012 CALL TO ORDER: Chairperson Braam called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Commissioners Peter Borman,Gary Braam,Marion Flickinger,Carol Hoiby,Bill Holm, Nancy Jorgenson,Ted Kranz,Rick Nelson,Barb Reiland, Pam Reynolds, Lois Scholzen, Cynthia Soule Members Absent: Commissioners Don Findell,Noel Ryan and Keith Shaw Others Present: Deb Skogen,City Clerk/Staff Liaison APPROVAL OF AGENDA Commissioner Jorgenson MOVED and Commissioner Borman seconded a motion approving the meeting agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Reiland MOVED and Commissioner Hoiby seconded a motion approving the Charter Commission meeting minutes of May 7,2012. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS A. Ms. Skogen reminded the Commissioners their next meeting would be October 29th. The meeting was changed due to the general election the following week. B. The Commissioners discussed the 2013 calendar. After reviewing the calendar Commissioner Hoiby MOVED and Commissioner Reynolds seconded a motion setting the 2013 meeting dates on January 7,February 4, March 4,April 1,May 6, September 9,October 7,and November 4. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. DISCUSSION OF CHAPTER 5 Commissioner Reynolds had several questions about the changes to Chapter 5. She had not attended some of the spring meetings due to her granddaughter's death and wanted to understand why the changes were being made. Question 1. Section 5.03-Section 3 -she wondered if the section requiring a registered voter to circulate a petition was inconsistent with state law. CHARTER COMMISSION MEETING OF OCTOBER 1,2012 PAGE 2 Ms. Skogen stated Charter cities could adopt language that was more restrictive than state statute and this would no be inconsistent with state law. Question 2-Section 5.03.3(3)-asked who would be responsible for a signature on a petition for an individual who said they were a registered voter but wasn't. Ms. Skogen said the circulator would ask the individual if they were a registered voter. If the individual said yes and signed the petition,it is the individual that would be responsible,not the circulator. Question 3 -Section 5.03.4,5,6-Commissioner Reynolds wondered why these sections only referred to Ordinance No. 625. She did not think that was the right ordinance. Ms. Skogen looked in the appendix and found those sections were changed in Ordinance No.625 and not numbered at that time. She found Ordinance No. 1142 which created the numbers. The Commissioners agreed Ordinance No. 1142 should also be referenced. Question 4-Section 5.05-Commissioner Reynolds asked why the percentage of signatures needed was changed from 10%to 15%. She felt that it might be too difficult to acquire that many signatures. Ms. Skogen stated voter registration fluctuates throughout the year and it is sometimes hard to remember to print a report of the total number of registered voters on January 1st of each year. The report can only be printed on that one day,as the voter registration system does not keep track of statistics. After reviewing how charter amendments are made,staff decided it might be better to be consistent with those amendments. Staff recommended a change from the total number of registered voters on January 1st to the total number of voters voting in the last state general election,which is the number used for charter amendments. The percentage was changed because the number of registered voters is always higher than the number of individuals who voted. After comparing the numbers the Commission determined to raise the percentage to 15%. Commissioner Holm used the following example to describe the change. If there were 100 registered voters, 10% would be 10 registered voters. If there were 85 people voting, 15%would be 12.75 or 13 voters. Commissioner Nelson felt the percentage about the same. Considering the cost of an election,if the issue was important enough,he felt the higher threshold more important. Commissioner Reynolds said this chapter reserves the rights to the people and felt the higher percentage would limit those rights. Commissioner Braam agreed with the higher percentage and felt there should be enough people interested in an issue if they were committing the city to a change. Commissioner Reynolds mentioned the number of signatures needed for the petition to approve a tax levy for Springbrook Nature Center. Ms. Skogen said the Springbrook Nature Center petition was in support of the Council to approve a tax levy and the actual question was put before the voters by a resolution from the City Council,not through the petition process. Commissioner Jorgenson said the citizens should have the right to petition for a legitimate issue versus circulating a petition due to personal reasons. Commissioner Reynolds Question 5- Section 5.06-why was the number of days to ascertain signatures changed from 5 to 10 days for the original petition or from 30 to 10 days to circulate the signature pages if additional signatures were needed. Ms. Skogen said it was staffs recommendation to be consistent with charter amendments and that was the time provided in state law for charter amendments and would make our charter consistent with state law and easier to CHARTER COMMISSION MEETING OF OCTOBER 1,2012 PAGE 3 administrate in the future. She had a lot of experience over the past15 years and understands the differences,but that it is very confusing for someone who does not have the experience. The change would create consistency in the procedures for administering a petition for a charter amendment and for city code. Commissioner Holm then asked about the language in Section 5.07 and said 3 months was shorter than 17 weeks was inconsistent. The Commission discussed this issue and it was determined the City Clerk would review this section, as well as sections 5.14 and 5.19,again to see if the language was appropriate or if it should be changed. Ms. Skogen will prepare a report for the next meeting. (One big question-can a ballot question be placed on a primary election ballot and would the Commission really want a question to be placed on a primary election ballot with the lower voter turnout.) CHARTER BOOKS-REVIEW Ms. Skogen will prepare a print out providing the Chapter and most current date of amendment to the members for them to review with their books. This will allow them time to contact staff and let them know what pages or chapters they need to ensure their books are current. DISCUSSION OF PROS AND CONS OF BEING CHARTER CITY Commissioner Jorgenson was concerned the state is micro-managing cities with unfunded mandates and thinks it is an important topic to discuss. This issue was tabled. ADJOURNMENT: Commissioner Kranz MOVED and Commissioner Flickinger seconded a motion to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON SOULE DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:18 P.M. Respectfully submitted, Debra A. Skogen, Commissioner Peter Borman, Secretary City Clerk/Staff Liaison October 1, 2012 Fridley City Charter Chapter# Date Amended 1 10/05/1989 2 02/13/2012 3 07/14/2008 4 05/24/2010 5 07/14/2008 6 07/14/2008 7 12/20/2007 8 07/23/2001 9 10/05/1989 10 10/05/1989 11 10/05/1989 12 09/29/1997 October 1, 2012 Fridley City Charter Chapter# Date Amended 1 10/05/1989 2 02/13/2012 3 07/14/2008 4 05/24/2010 _ 5 07/14/2008 6 07/14/2008 7 12/20/2007 8 07/23/2001 9 10/05/1989 10 10/05/1989 11 10/05/1989 12 09/29/1997 FRIDLEY CITY CHARTER CHAPTER 5. INITIATIVE, REFERENDUM AND RECALL Section 5.01. POWERS RESERVED BY THE PEOPLE. The people of the City of Fridley reserve to themselves the power,in accordance with the provisions of this Charter, to initiate and adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes; to require any ordinance when passed by the Council to be referred to the electorate for approval or disapproval; and to recall elected public officials. These powers shall be called the initiative,the referendum, and the recall,respectively. (Ref. Ord. 857, 1142) Section 5.02. EXPENDITURES BY PETITIONERS. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signer of any such paper, or any other person, shall accept or offer any reward, monetary or otherwise, for service rendered in connection with the circulation thereof. This shall not prevent the committee from paying for legal advice and from incurring an expense not to exceed $200 for stationery, copying, printing, and notaries' fees. A sworn statement substantiating such,expenses shall be turned over to the City Clerk within five (5) days following the filing of a sufficient petition. Any violation of the provisions of this Section is a misdemeanor. Any violation of this Section shall be reported by the City Clerk to the proper authorities for prosecution under State Statutes applying thereto. (Ref. Ord. 1252) Section 5.03. FURTHER REGULATIONS. 1. A lawful petition under this Charter may be submitted, signed and circulated upon an ordinance to be initiated, or upon an ordinance to be made the subject of a referendum or on a proceeding for recall upon the grounds authorized by law and required by the Constitution of the State of Minnesota. Reasons stated in the proposed petition;are to be stated and noted in the petition itself. A petition for any other purpose may be made in accordance with procedures established by this Charter or under provisions of law as may be elsewhere provided. (Ref. Ord. 625, 1142) 2. A petition under this Charter shall be filed in the office of the City Clerk as one (1) instrument, which instrument shall contain any required documents (appropriate to the 1 petition), a copy of any ordinance proposed, covered or affected, and all the signature papers and affidavits attached in support of the same. (Ref Ord 1142) 3. : . - . •• only by a registered voter who has signed the same. All the signatures on any petition need that each signer was affirmed as a registered voter at the residence stated thereon. Any : . . . void of effect. A petition may be circulated only by a registered voter of the City. A petition may be signed by any registered voter of the Cit.. All the signatures on any petition need not be on one (1) signature paper. The circulator of the petition shall be certified as the circulator of the petition by an attached notarized affidavit which states: (1) that each signature was signed in the circulator's presence: (2) the signature is from the person wno signed the petition in from of the circulator: and (3) that each signer affirmed they were a registered voter at the residence stated thereon. Any signature paper lacking the notarized affidavit shall be void. If void. the signatures on that paper shall not be used in the calculation of signatures needed to fulfill the petition requirement. 4. The insufficiency or irregularity of a petition shall not prejudice the filing of any new petition for the same purpose, nor shall it prevent the Council from referring any ordinance proposed to the electorate at the next regular or special election, or otherwise acting favorably upon the same. (Ref. Ord. 625, 1142) 2 5. The Council may provide by ordinance such further regulations for the initiative, referendum, and recall not inconsistent with this Charter as it deems necessary. (Ref. Ord. 625, 1142) 6. The City Clerk, upon receipt of documented information that any signature on any petition paper has been falsely attested to, shall promptly forward such information to the proper authority for prosecution under State Statutes applying thereto. (Ref Ord. 625, 1142) INITIATIVE Section 5.04. INITIATION OF MEASURES. Any five (5) registered voters may form a committee for the initiation of any ordinance as provided in Section 5.03.01. Before circulating any petition the committee shall file a copy of the proposed ordinance with the City Clerk along with the names and addresses of members of said committee. The committee shall attach a verified copy of the proposed ordinance to each of the signature papers herein described, along with their names and addresses as sponsors thereof A verified copy of the proposed ordinance shall be a copy to which the City Clerk affixes the words: "Proposed Ordinance on File. Fridley City Clerk: Date: ." (Ref Ord. 857, 1142) Section 5.05. FORM OF PETITION AND OF SIGNATURE PAPERS. The completed petition for the adoption of any ordinance not yet in effect shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by at least ten fifteen percent (4-0-15%) of the total votes cast at the last state general election in the Cite. number of registered voters as of January 1st of that year. Each signature paper shall be in substantially the following form: • INITIATIVE PETITION Proposing an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. This ordinance is sponsored by the following committee of registered voters: 3 Name (Please Print) Address (Please Print) 1. 2. 3. 4. 5. The undersigned registered voters, understanding the terms and the nature of the ordinance hereto attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the electorate for their approval. Name (Please Print) Birth Year Address (Please Print) Signature 1. 2. 3. At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. (Ref. Ord. 625, 857, 1142) Section 5.06. FILING OF PETITIONS AND ACTION THEREON. Within five (5) ten (10) days after the filing of the completed petition,the City Clerk shall ascertain by examination the number of signatures appended thereto and whether this number is at least ten fifteen percent(-1-0 15%)of the total number of registered voters. as of January 1st of that year votes cast at the last state general election in the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall at once notify one (1) or more of the committee of sponsors of that fact, stating the reasons for the insufficiency or irregularity. The committee shall then be given ten (10) thiftt (30) days in which to file additional signature papers and to correct the petition in all other particulars with the City Clerk. The City Clerk shall have five (5) days to verify the sufficiency of the additional signature papers or corrected petition. If at the end of that period the petition is found to be still insufficient or irregular, the petition shall be filed in the City Clerk's office and no further action shall be taken. The City Clerk shall notify each member of the committee of that fact. (Ref. Ord. 625, 857, 1142) 4 Section 5.07. ACTION OF THE COUNCIL ON PETITIONS. When the completed petition is found to be sufficient, the City Clerk shall transmit the initiative petition to the Council at its next meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute, and the Council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or Council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council fails to pass the proposed ordinance,or passes it in a form different from that set forth in the petition and unsatisfactory to the petitioner, the proposed ordinance shall be submitted by the Council to the electorate at the next regular municipal election; but if the number of signers of the petition is equal to at least fifteen twenty-five percent(1-5 25%) of the total votes cast at the last state general election in the City number of registered voters, the Council shall call a special election upon the measure. Such special election shall be held not less than fifty three (53) nor more than sixty (60) days sixty-seven (67) days from the date of final action on the ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action unless prohibited by Minnesota Election Law; but if a regular election is to occur within three (3) months, or not less than seventeen weeks. the Council may submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the City Clerk within ten (10) days of the passage thereof by the Council,the ordinance need not be submitted to the electorate. (Ref. Ord. 857, 1142, 1252) Section 5.08. INITIATIVE BALLOTS. The ballots used when voting upon such proposed ordinance shall state the substance of the ordinance and shall give the electorate the opportunity to vote either "Yes" or "No" on the question of adoption. If a majority of those voting on any such ordinance vote in favor of it, it shall thereupon become an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election; ni,tt the voter shall be allowed to vote for or against each separately. In the case of inconsistency between two (2) or more initiative ordinances approved by the voters, the 5 ordinances shall not go into effect until the City Council has had sixty (60) days to resolve the inconsistencies. (Ref. Ord. 625, 857) Section 5.09. INITIATION OF CHARTER AMENDMENTS. The ways to initiate amendments to this Charter are set forth in Minnesota Statutes. (Ref. Ord. 857, 914.) REFERENDUM Section 5.10. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by at least fifteen per cent(15%) of the total number of registered voters as of January 1st of that year votes cast at the last state general election in the City request that any such ordinance be repealed or be submitted to a vote of the electors, the ordinance shall thereby be prevented from going into operation. (Ref Ord. 857, 1142) Section 5.11. REFERENDUM PETITIONS. Any five (5) registered voters may form a committee for the purpose of petitioning for a referendum as provided in Section 5.03.01. Before circulating any petition, the committee shall file a copy of the proposed referendum petition and a copy of the ordinance proposed to be repealed with the City Clerk along with the names and addresses of members of said committee. The committee shall attach a verified copy of the referendum and the ordinance to be repealed to each of the signature papers herein described, along with their names and addresses as sponsors thereof A verified copy of the ordinance proposed to be repealed to the referendum shall be a copy to which the city clerk has affixed the words: "Proposed Ordinance on File. Fridley City Clerk , Date ." A referendum petition shall read as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. The proposed repeal is sponsored by the following committee of registered voters: 6 Name (Please Print) Address (Please Print) 1. 2. 3. 4. 5. The undersigned registered voters, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the City,petition the Council for its submission to the electorate for their approval or disapproval. Name (Please Print) Birth Year Address (Please Print) Signature 1. 2. 3. At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. (Ref. Ord. 625, 857, 1142) Section 5.12. FILING OF REFERENDUM PETITIONS 1. REFERENDUM PETITION PROPOSING REPEAL OF CHARTER AMENDMENT The requirements for the purposes of petitioning for a referendum repealing a charter amendment are set forth in Minnesota State Statutes. 2. REFERENDUM PETITION PROPOSING REPEAL OF AN ORDINANCE Within five (5) ten (10) days after the filing of the completed referendum petition, the City Clerk shall ascertain by examination the number of signatures appended thereto and whether this number is at least fifteen percent(15%) of the total number of - .. " of that year votes cast at the last state general election in the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall at once forthwith notify one (1) or more of the committee of sponsors of that fact, stating the reasons for the insufficiency or irregularity. The committee shall then be given ten (10) thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars with the Cite Clerk. The City Clerk shall have five (5) days to verit the sufficiency of the additional signature papers or corrected petition. If at the end of that period the petition is found to be still insufficient or irregular, the petition shall be filed in the City Clerk's 7 office, no further action shall be taken, and the ordinance will become effective immediately or on the date specified. The City Clerk shall notify each member of the committee of that fact. (Ref. Ord. 1252) Section 5.13. REFERENDUM PETITIONS; SUSPENSION OF EFFECT OF ORDINANCE When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: 1. There is a final determination of insufficiency of the petition; or 2. The petitioner's committee withdraws the petition; or 3. The council repeals the ordinance; or 4. Upon seven days after canvass of election is completed when a majority of those voting on any such ordinance vote in favor of it. (Ref. Ord. 1252) Section 5.14. ACTION OF THE COUNCIL ON REFERENDUM PETITIONS If the referendum petition or amended referendum petition is found to be sufficient, the City Clerk shall transmit the referendum petition to the Council at the next regular Council meeting. The Council shall thereupon reconsider the ordinance and either repeal it or by aye and nay vote re- affirm its adherence to the ordinance as passed. If the Council votes to reaffirm the ordinance, the Council shall immediately order a special election to be held thereon, not less than sixty-seven (67) 53 days nor more than 60 days after such meeting, unless prohibited by Minnesota Election law, or submit the ordinance at the next regular municipal election not less than seventeen weeks before the t.eneral election. (Ref. Ord. 1252) Section 5.15. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in Section 5.08 of this Charter for initiative ballots. 8 RECALL Section. 5.16. THE RECALL Any five (5) registered voters may form a committee for the purpose of bringing about the recall of any elected officer of the City as provided in Section 5.03.01. Before circulating any petition, the committee shall file with the City Clerk a copy of a statement naming the elected officer whose removal is sought, a statement of the grounds for removal in not more than two hundred fifty (250) words, and their intention to bring about the recall with their names and addresses as members of said committee. The statement of grounds for removal of the elected officer must identify malfeasance or nonfeasance of conduct in the officer's performance of official duties. Malfeasance constitutes an illegal or harmful act which an elected official should not perform in an official capacity. Nonfeasance is the neglect or refusal to perform official duties. The committee shall also attach a verified copy of said statement to each of the signature papers herein described, together with their names and addresses as sponsors thereof. A verified copy of said statement shall be a copy to which the city clerk shall affix the following words: "Proposed Recall Statement on File. Fridley City Clerk(Attest): Date: . (Ref. Ord. 625, 857, 1142) Section 5.17 RECALL PETITIONS. The petition for the recall of any elected official shall consist of the statement identical with that filed with the City Clerk together with all the signature papers and affidavits thereto attached. Such petition shall not be considered to be complete unless signed by at least twenty five percent (25%) of the total number of registered voters votes cast in the last state general election in the Ward or City represented by the office holder as of January I st of that year. Each signature paper shall be in substantially the following form: RECALL PETITION Proposing the recall of from office as which recall is sought for the reasons set forth in the attached statement. This movement is sponsored by the following committee of registered voters: 9 Name Address 1. 2. 3. 4. 5. The undersigned registered voters, understanding the nature of the charges against the officer herein sought to be recalled,desire the holding of a recall election for that purpose. Name(Please Print) Birth Year Address Signature 1. 2. 3. At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. (Ref. Ord. 625, 857, 1142) Section. 5.18 FILING OF PETITION. Within thirty (30) days after the filing of the original proposed petition, the committee shall file the completed petition in the Office of the City Clerk. The City Clerk shall examine the petition within the next live (5) ten (10) days, and if the City Clerk finds it irregular, or finds that the number of signers is less than twenty-five percent (25%) of the total number of registered voters votes cast in the last state general election in the f the Ward or City represented by the office holder as of January 1 of that year, the City Clerk shall so notify one (1) or more members of the committee advising the reasons for the insufficiency or irregularity. The committee shall then be given ten(10) days in which to file additional signature papers and to correct the petition in all other respects, but they may not change the statement of the grounds upon which the recall is sought. the City Clerk shall have five (5) days to verify the sufficiency of the additional signature papers or corrected petition. If at the end of that time the City Clerk finds the petition still insufficient or irregular, all the members of the committee shall be notified to that effect and the petition shall be filed in the City Clerk's office. No further action shall be taken thereon. (Ref. Ord. 857, 1142) 10 Section. 5.19. RECALL ELECTION. If the petition or amended petition is found sufficient, the City Clerk shall transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of a special recall election not less than fifty three (53) nor more than sixty (60 sixty-seven t67) days after such meeting unless prohibited by Minnesota Election Law. t lif any other a primary or general election is to occur within seventeen weeks within sixty, (60) day:, after such meeting, the Council may in its discretion provide for the holding of the recall election at that time. (Ref. Ord. 1252) Section. 5.20. PROCEDURE AT RECALL ELECTION. The Clerk shall include with the published notice of the election the statement of the grounds for the recall and also, in not more than five hundred (500) words, the answer of the elected officer concerned in justification of his/her conduct in office. Candidates to succeed the officer to be recalled shall be nominated in the usual way, and the election shall be conducted, as far as possible, in accordance with the usual procedure in municipal elections. (Ref. Ord. 857, 1142) Section 5.21. FORM OF RECALL BALLOT. 1. If the officer sought to be recalled resigns within ten (10) days after the receipt by the Council of the completed recall petition, the Council shall declare the office vacant and shall then fill the vacancy for the unexpired term in accordance with the City Charter, Section 2.06. 2. If the officer sought to be recalled does not resign within ten (10) days after the receipt by the Council of the completed recall petition, the question to be placed on the ballot at the recall election referenced in Section 5.19 of the Charter shall be: "Shall be recalled?", the name of the officer whose recall is sought being inserted in the blank, and those voting shall be permitted to vote "Yes" or "No" upon this question. If a majority of those voting on the question of recall vote in favor of recall (a majority voting_"Yes"), the officer shall be promptly removed from office. The Council shall then fill the vacancy for the unexpired term in accordance with the City Charter, Section 2.06. If a majority of those voting on the question of recall vote against 11 recall (a majority voting "No"), the officer shall continue in office with no further action required. (Ref. Ord. 1252) Section 5.22. INSTRUCTIONS TO PETITIONERS. The City Clerk shall provide to every person circulating a petition for the initiation of an ordinance, for the initiation of Charter amendments, for a referendum, or for the recall of an elected official, written instructions delineating the correct and proper procedure for circulating the petition. The instructions provided will clearly define falsification of a signature and false attestation of a signature and will cite those ordinances, laws,or statutes relating to such acts. (Ref Ord. 625, 1142) 12 FRIDLEY CITY CHARTER CHAPTER 5. INITIATIVE, REFERENDUM AND RECALL Section 5.01. POWERS RESERVED BY THE PEOPLE. The people of the City of Fridley reserve to themselves the power, in accordance with the provisions of this Charter, to initiate and adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes; to require any ordinance when passed by the Council to be referred to the electorate for approval or disapproval; and to recall elected public officials. These powers shall be called the initiative,the referendum,and the recall, respectively. (Ref Ord. 857, 1142) Section 5.02. EXPENDITURES BY PETITIONERS. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signer of any such paper, or any other person, shall accept or offer any reward, monetary or otherwise, for service rendered in connection with the circulation thereof This shall not prevent the committee from paying for legal advice and from incurring an expense not to exceed $200 for stationery, copying, printing, and notaries' fees. A sworn statement substantiating such expenses shall be turned over to the City Clerk within five (5) days following the filing of a sufficient petition. Any violation of the provisions of this Section is a misdemeanor. Any violation of this Section shall be reported by the City Clerk to the proper authorities for prosecution under State Statutes applying thereto. (Ref Ord. 1252) Section 5.03. FURTHER REGULATIONS. 1. A lawful petition under this Charter may be submitted, signed and circulated upon an ordinance to be initiated,or upon an ordinance to be made the subject of a referendum or on a proceeding for recall upon the grounds authorized by law and required by the Constitution of the State of Minnesota. Reasons stated in the proposed petition,are to be stated and noted in the petition itself A petition for any other purpose may be made in accordance with procedures established by this Charter or under provisions of law as may be elsewhere provided. (Ref. Ord. 625, 1142) 2. A petition under this Charter shall be filed in the office of the City Clerk as one (1) instrument, which instrument shall contain any required documents (appropriate to the 1 petition), a copy of any ordinance proposed, covered or affected, and all the signature papers and affidavits attached in support of the same. (Ref Ord 1142) 3. .. • . - . • . :. . . . . .. . - . . -- - . _ .. void of effect. A petition may be circulated only by a registered voter of the City. A petition may be signed by any registered voter of the City. All the signatures on any petition need not be on one (1) signature paper. The circulator of the petition shall be certified as the circulator of the petition by an attached notarized affidavit which states: (1 ) that each signature was signed in the circulator's presence: (2) the signature is from the person who signed the petition in front of the circulator: and (3) that each signer affirmed they were a registered voter at the residence stated thereon. Any signature paper lacking the notarized affidavit shall be void. If void. the signatures on that paper shall not be used in the calculation of signatures needed to fulfill the petition requirement. 4. The insufficiency or irregularity of a petition shall not prejudice the filing of any new petition for the same purpose, nor shall it prevent the Council from referring any ordinance proposed to the electorate at the next regular or special election, or otherwise acting favorably upon the same. (Ref. Ord. 625, 1142) 2 5. The Council may provide by ordinance such further regulations for the initiative, referendum, and recall not inconsistent with this Charter as it deems necessary. (Ref Ord. 625, 1142) 6. The City Clerk, upon receipt of documented information that any signature on any petition paper has been falsely attested to, shall promptly forward such information to the proper authority for prosecution under State Statutes applying thereto. (Ref Ord. 625, 1142) INITIATIVE Section 5.04. INITIATION OF MEASURES. Any five (5) registered voters may form a committee for the initiation of any ordinance as provided in Section 5.03.01. Before circulating any petition the committee shall file a copy of the proposed ordinance with the City Clerk along with the names and addresses of members of said committee. The committee shall attach a verified copy of the proposed ordinance to each of the signature papers herein described, along with their names and addresses as sponsors thereof A verified copy of the proposed ordinance shall be a copy to which the City Clerk affixes the words: "Proposed Ordinance on File. Fridley City Clerk: Date: ." (Ref Ord. 857, 1142) Section 5.05. FORM OF PETITION AND OF SIGNATURE PAPERS. The completed petition for the adoption of any ordinance not yet in effect shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by at least ten fifteen percent (4-0-15%) of the total votes cast at the last state general election in the City. number of registered voters as-of January 1st of that year. Each signature paper shall be in substantially the following form: INITIATIVE PETITION Proposing an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. This ordinance is sponsored by the following committee of registered voters: 3 Name (Please Print) Address (Please Print) 1. 2. 3. 4. 5. The undersigned registered voters, understanding the terms and the nature of the ordinance hereto attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the electorate for their approval. Name (Please Print) Birth Year Address (Please Print) Signature 1. 2. 3. At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. (Ref. Ord. 625, 857, 1142) Section 5.06. FILING OF PETITIONS AND ACTION THEREON. Within five(5) ten (10) days after the filing of the completed petition,the City Clerk shall ascertain by examination the number of signatures appended thereto and whether this number is at least ten fifteen percent(-1-0 15%)of the total number of registered voters. as of January 1st of that Year votes cast at the last state general election in the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall at once notify one (1) or more of the committee of sponsors of that fact, stating the reasons for the insufficiency or irregularity. The committee shall then be given ten (10) thiffy (30) days in which to file additional signature papers and to correct the petition in all other particulars with the City Clerk. The City Clerk shall have five (5) days to verify the sufficiency of the additional signature papers or corrected petition. If at the end of that period the petition is found to be still insufficient or irregular, the petition shall be filed in the City Clerk's office and no further action shall be taken. The City Clerk shall notify each member of the committee of that fact. (Ref. Ord. 625, 857, 1142) 4 Section 5.07. ACTION OF THE COUNCIL ON PETITIONS. When the completed petition is found to be sufficient, the City Clerk shall transmit the initiative petition to the Council at its next meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute, and the Council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or Council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council fails to pass the proposed ordinance,or passes it in a form different from that set forth in the petition and unsatisfactory to the petitioner, the proposed ordinance shall be submitted by the Council to the electorate at the next regular municipal election; but if the number of signers of the petition is equal to at least fifteen twenty-five percent(-1-5 25%) of the total votes cast at the last state general election in the City number of registered voters, the Council shall call a special election upon the measure. Such special election shall be held not less than fifty three (53) nor more than sixty (60) days sixty-seven (67) days from the date of final action on the ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action unless prohibited by Minnesota Election Law; but if a regular election is to occur within three (3) months, or not less than seventeen weeks. the Council may submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths (4/5) of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the City Clerk within ten (10) days of the passage thereof by the Council,the ordinance need not be submitted to the electorate. (Ref. Ord. 857, 1142, 1252) Section 5.08. INITIATIVE BALLOTS. The ballots used when voting upon such proposed ordinance shall state the substance of the ordinance and shall give the electorate the opportunity to vote either "Yes" or "No" on the question of adoption. If a majority of those voting on any such ordinance vote in favor of it, it shall thereupon become an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election: but the voter shall be allowed to vote for or against each separately. In the case of inconsistency between two (2) or more initiative ordinances approved by the voters, the 5 ordinances shall not go into effect until the City Council has had sixty (60) days to resolve the inconsistencies. (Ref. Ord. 625, 857) Section 5.09. INITIATION OF CHARTER AMENDMENTS. The ways to initiate amendments to this Charter are set forth in Minnesota Statutes. (Ref. Ord. 857, 914.) REFERENDUM Section 5.10. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by at least fifteen per cent(15%) of the total - . - ; . .. . votes cast at the last state general election in the City request that any such ordinance be repealed or be submitted to a vote of the electors, the ordinance shall thereby be prevented from going into operation. (Ref. Ord. 857, 1142) Section 5.11. REFERENDUM PETITIONS. Any five (5) registered voters may form a committee for the purpose of petitioning for a referendum as provided in Section 5.03.01. Before circulating any petition, the committee shall file a copy of the proposed referendum petition and a copy of the ordinance proposed to be repealed with the City Clerk along with the names and addresses of members of said committee. The committee shall attach a verified copy of the referendum and the ordinance to be repealed to each of the signature papers herein described, along with their names and addresses as sponsors thereof. A verified copy of the ordinance proposed to be repealed to the referendum shall be a copy to which the city clerk has affixed the words: "Proposed Ordinance on File. Fridley City Clerk , Date ." A referendum petition shall read as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. The proposed repeal is sponsored by the following committee of registered voters: 6 Name (Please Print) Address (Please Print) 1. 2. 3. 4. 5. The undersigned registered voters, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the City,petition the Council for its submission to the electorate for their approval or disapproval. Name (Please Print) Birth Year Address (Please Print) Signature 1. 2. 3. At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. (Ref. Ord. 625, 857, 1142) Section 5.12. FILING OF REFERENDUM PETITIONS 1. REFERENDUM PETITION PROPOSING REPEAL OF CHARTER AMENDMENT The requirements for the purposes of petitioning for a referendum repealing a charter amendment are set forth in Minnesota State Statutes. 2. REFERENDUM PETITION PROPOSING REPEAL OF AN ORDINANCE Within five (5) ten (10) days after the filing of the completed referendum petition, the City Clerk shall ascertain by examination the number of signatures appended thereto and whether this number is at least fifteen percent (15%) of the total number of registered voters. as of January l' of that )ear votes cast at the last state general election in the City. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall at oncc torthwith notify one (1) or more of the committee of sponsors of that fact, stating the reasons for the insufficiency or irregularity. The committee shall then be given ten (10) thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars with the City Clerk. The City Clerk shall have live (5) days to verify the sufficiency of the additional signature papers or corrected petition. If at the end of that period the petition is found to be still insufficient or irregular, the petition shall be filed in the City Clerk's 7 office, no further action shall be taken, and the ordinance will become effective immediately or on the date specified. The City Clerk shall notify each member of the committee of that fact. (Ref. Ord. 1252) Section 5.13. REFERENDUM PETITIONS; SUSPENSION OF EFFECT OF ORDINANCE When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: 1. There is a final determination of insufficiency of the petition; or 2. The petitioner's committee withdraws the petition; or 3. The council repeals the ordinance; or 4. Upon seven days after canvass of election is completed when a majority of those voting on any such ordinance vote in favor of it. (Ref. Ord. 1252) Section 5.14. ACTION OF THE COUNCIL ON REFERENDUM PETITIONS If the referendum petition or amended referendum petition is found to be sufficient, the City Clerk shall transmit the referendum petition to the Council at the next regular Council meeting. The Council shall thereupon reconsider the ordinance and either repeal it or by aye and nay vote re- affirm its adherence to the ordinance as passed. If the Council votes to reaffirm the ordinance, the Council shall immediately order a special election to be held thereon, not less than sixty-seven (67) 53 days nor more than 60 days after such meeting, unless prohibited by Minnesota Election lave, or submit the ordinance at the next regular municipal election not less than seventeen weeks before the general election. (Ref Ord. 1252) Section 5.15. REFERENDUM BALLOTS. The ballots used in any referendum election shall conform to the rules laid down in Section 5.08 of this Charter for initiative ballots. 8 RECALL Section. 5.16. THE RECALL Any five (5) registered voters may form a committee for the purpose of bringing about the recall of any elected officer of the City as provided in Section 5.03.01. Before circulating any petition, the committee shall file with the City Clerk a copy of a statement naming the elected officer whose removal is sought, a statement of the grounds for removal in not more than two hundred fifty (250) words, and their intention to bring about the recall with their names and addresses as members of said committee. The statement of grounds for removal of the elected officer must identify malfeasance or nonfeasance of conduct in the officer's performance of official duties. Malfeasance constitutes an illegal or harmful act which an elected official should not perform in an official capacity. Nonfeasance is the neglect or refusal to perform official duties. The committee shall also attach a verified copy of said statement to each of the signature papers herein described, together with their names and addresses as sponsors thereof A verified copy of said statement shall be a copy to which the city clerk shall affix the following words: "Proposed Recall Statement on File. Fridley City Clerk(Attest): Date: . (Ref Ord. 625, 857, 1142) Section 5.17 RECALL PETITIONS. The petition for the recall of any elected official shall consist of the statement identical with that filed with the City Clerk together with all the signature papers and affidavits thereto attached. Such petition shall not be considered to be complete unless signed by at least twenty five percent (25%) of the total number of registered voters votes cast in the last state general election in the Ward or City represented by the office holder as of January I st of that year. Each signature paper shall be in substantially the following form: RECALL PETITION Proposing the recall of from office as which recall is sought for the reasons set forth in the attached statement. This movement is sponsored by the following committee of registered voters: 9 Name Address 1. 2. 3. 4. 5. The undersigned registered voters, understanding the nature of the charges against the officer herein sought to be recalled, desire the holding of a recall election for that purpose. Name(Please Print) Birth Year Address Signature 1. 2. 3. At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. (Ref. Ord. 625, 857, 1142) Section. 5.18 FILING OF PETITION. Within thirty (30) days after the filing of the original proposed petition, the committee shall file the completed petition in the Office of the City Clerk. The City Clerk shall examine the petition within the next live (5) ten (10) days, and if the City Clerk finds it irregular, or finds that the number of signers is less than twenty-five percent (25%) of the total number of registered voters votes cast in the last state general election in the of the Ward or City represented by the office holder as of January I of that year, the City Clerk shall so notify one (1) or more members of the committee advising the reasons for the insufficiency or irregularity. The committee shall then be given ten(10) days in which to file additional signature papers and to correct the petition in all other respects, but they may not change the statement of the grounds upon which the recall is sought. The City Clerk shall have five (5) days to verify the sufficiency of the additional signature papers or corrected petition. If at the end of that time the City Clerk finds the petition still insufficient or irregular, all the members of the committee shall be notified to that effect and the petition shall be filed in the City Clerk's office. No further action shall be taken thereon. (Ref. Ord. 857, 1142) 10 Section. 5.19. RECALL ELECTION. If the petition or amended petition is found sufficient, the City Clerk shall transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of a special recall election not less than fifty three (53) nor more than sixty (60? sixty-seven (67) days after such meeting unless prohibited by Minnesota Election Law..7lu-t lif any other a primary or general election is to occur within seventeen weeks within sixty (60) days after such meeting, the Council may in its discretion provide for the holding of the recall election at that time. (Ref. Ord. 1252) Section. 5.20. PROCEDURE AT RECALL ELECTION. The Clerk shall include with the published notice of the election the statement of the grounds for the recall and also, in not more than five hundred (500) words, the answer of the elected officer concerned in justification of his/her conduct in office. Candidates to succeed the officer to be recalled shall be nominated in the usual way, and the election shall be conducted, as far as possible, in accordance with the usual procedure in municipal elections. (Ref. Ord. 857, 1142) Section 5.21. FORM OF RECALL BALLOT. 1. If the officer sought to be recalled resigns within ten (10) days after the receipt by the Council of the completed recall petition, the Council shall declare the office vacant and shall then fill the vacancy for the unexpired term in accordance with the City Charter, Section 2.06. 2. If the officer sought to be recalled does not resign within ten(10) days after the receipt by the Council of the completed recall petition, the question to be placed on the ballot at the recall election referenced in Section 5.19 of the Charter shall be: "Shall be recalled?", the name of the officer whose recall is sought being inserted in the blank, and those voting shall be permitted to vote "Yes" or "No" upon this question. If a majority of those voting on the question of recall vote in favor of recall (a majority voting "Yes"), the officer shall be promptly removed from office. The Council shall then fill the vacancy for the unexpired term in accordance with the City Charter, Section 2.06. If a majority of those voting on the question of recall vote against 11 recall (a majority voting "No"), the officer shall continue in office with no further action required. (Ref. Ord. 1252) Section 5.22. INSTRUCTIONS TO PETITIONERS. The City Clerk shall provide to every person circulating a petition for the initiation of an ordinance, for the initiation of Charter amendments, for a referendum, or for the recall of an elected official, written instructions delineating the correct and proper procedure for circulating the petition. The instructions provided will clearly define falsification of a signature and false attestation of a signature and will cite those ordinances, laws,or statutes relating to such acts. (Ref. Ord. 625, 1142) 12 10/29/12 Suggested language changes to City Charter by staff Section 5.07 25% of the total votes cast at the last state general election in the City number of registered voters, the Council shall call a special election upon the measure. Such special election shall be held not less than fifty wee six (54 56) nor more than sixty (60)days from the date of final action on the ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission to the Council when there has been no final action unless prohibited by Minnesota Election Law, but if a regular election is to occur within seventeen weeks three (3) months, the Council may submit the ordinance at that election Section 5.14 ....If the Council votes to reaffirm the ordinance, the Council shall immediately order a special election to be held thereon. The election shall be held not less than fifty-three six (5 56) days nor more than 60 days after such meeting, unless prohibited by Minnesota Election law: or submit the ordinance at the next regular municipal election, if the election is to occur within seventeen weeks of the final action. Section 5.19 ...The Council shall at its next meeting, by resolution,provide for the holding of a special recall election not less than fifty-three six ( 56) nor more than sixty (60) days after such meeting unless prohibited by Minnesota Election Law. bit Iif a primary or general election is to occur within sixty(60) days seventeen weeks after such meeting, the Council may in its discretion provide for the holding of the recall election at that time. FRIDLEY CITY CHARTER CHAPTER 4. NOMINATIONS AND ELECTIONS Section 4.01. GENERAL ELECTION LAWS TO APPLY. Except as hereinafter provided, the general laws of the State of Minnesota pertaining to registration of eligible voters and the conduct of primary and general elections shall apply for all municipal elections of such officers as are specified in this Charter. The Council shall, through ordinances duly adopted in compliance with such state laws and this Charter, adopt suitable and necessary regulations for the conduct of such elections. (Ref. Ord. 857) Section 4.02. REGULAR MUNICIPAL ELECTIONS. On the first Tuesday after the first Monday in November, municipal general elections shall be held, at such place or places as the City Council may designate by resolution. General municipal elections shall be held every even numbered year. The Council may divide the City into as many voting precincts as it may from time to time deem necessary. Each ward shall constitute at least one (1) voting precinct and no precinct shall be in more than one (1) ward. At least fifteen (15) days' notice shall be given by the City Clerk of the time and places of holding such election, and of the officers to be elected, by posting a notice thereof in at least one (1) public place in each voting precinct and by publishing a notice thereof at least once in the official newspaper of the City, but failure to give such notice shall not invalidate such election. (Ref. Ord 1252) Section 4.03. PRIMARY ELECTIONS. There shall be a primary election, on the date established by Minnesota State Law, for the selection of two (2) nominees for each elective office at the regular municipal election, unless only two (2) nominees file for each elective office. Primary municipal elections shall be held every even numbered year, if necessary. (Ref Ord 1269) Section 4.04. SPECIAL ELECTIONS. The Council may by resolution order a special election, fix the time of holding the same, and provide all means for holding such special election, provided that three (3) weeks' published notice shall be given of said special election. The procedure at such elections shall conform as nearly as possible to that herein provided for other municipal elections. Special elections for vacancies in the City Council shall be held in accordance with provisions of Section 2.06 (Ref. Ord. 1034) Section 4.05. JUDGES OF ELECTION. The Council shall at least twenty-five (25) days before each municipal election appoint two (2) eligible voters for each voting precinct to be election judges and one (1) registered voter to be head election judge; or as many election judges 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, 1230) 05/24/10 • 203B.081, 2011 Minnesota Statutes Page 1 of 1 Coming soon -website redesign! View information about the redesign. 2011 Minnesota Statutes 203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON. An eligible voter may vote by absentee ballot in the office of the county auditor and at any other polling place designated by the county auditor during the 46 days before: (1) a regularly scheduled election for federal, state, county, city, or school board office; (2) a special election for a federal or county office; and (3) an election held in conjunction with an election described in clauses (1) and (2), and during the 30 days before any other election. The county auditor shall make such designations at least 14 weeks before the election. At least one voting booth in each polling place must be made available by the county auditor for this purpose. The county auditor must also make available at least one electronic ballot marker in each polling place that has implemented a voting system that is accessible for individuals with disabilities pursuant to section 206.57, subdivision 5. History: 1997 c 147 s 17; 1999 c 132 s 12; 2008 c 244 art 1 s 7; 2010 c 184 s 6; 2010 c 201 s 18 Prirn/Corrt) • Atg 1/11.410 4/4 d l° Afte4 https://www.revisor.mn.gov/statutes/?id=203B.081 10/3/2012 • 204D.195, 2011 Minnesota Statutes Page 1 of 1 Coming soon -website redesign! View information about the redesign. 2011 Minnesota Statutes 204D.195 DATE OF SPECIAL ELECTION; CERTAIN TIMES PROHIBITED. Notwithstanding any other provision of law, a special primary and special general election r.1-,12. not be held for a period beginning the da followin: the date of the state .r'mar e - . • and e•di the day prior to the date of the stataeneral election. History: 2010 c 201 s 54 https://www.revisor.mn.gov/statutes/?id=204D.195 10/3/2012 205.02, 2011 Minnesota Statutes Page 1 of 1 Coming soon -website redesign! View information about the redesign. • 2011 Minnesota Statutes 205.02 MS 1957 [Repealed, 1959 c 675 art 13 s 1] 205.02 STATUTES APPLICABLE. Subdivision 1. Minnesota Election Law. Except as provided in this chapter the provisions of the Minnesota Election Law apply to municipal elections, so far as practicable. Subd. 2. City elections. In all statutory and home rule charter cities, the primary, general and 4 special elections held for choosing city officials and deciding public questions relating to the city shall be held as provided in this chapter, except that sections 205.065, subdivisions 4 to 7; 205.07, subdivision 3; 205.10; 205.121; and 205.17, subdivisions 2 and 3, do not apply to a city whose charter provides the manner of holding its primary, general or special elections. History: 1959 c 675 art 6 s 2; 1983 c 62 s 1; 1987 c 62 s 5; 1989 c 209 art 2 s 1; 1994 c 646 s 3 https://www.revisor.mn.gov/statutes/?id=205.02 10/3/2012 205.065, 2011 Minnesota Statutes Page 1 of 1 • Coming soon -website redesign! View information about the redesign. 2011 Minnesota Statutes 2c4 205.065 PRIMARIES. Subdivision 1. Establishing primary. A municipal primary for the purpose of nominating elective officers may be held in any city on the second Tuesday in August of any year in which a municipal general election is to be held for the purpose of electing officers. The date of a municipal primary held in an odd-numbered year may be postponed for inclement weather as provided in section 205.105. Subd. 2. Resolution or ordinance. The governing body of a city may, by ordinance or resolution adopted by April 15 in the year when a municipal general election is held, elect to choose nominees for municipal offices by a primary as provided in this section. The resolution or ordinance, when adopted, is effective for all ensuing municipal elections until it is revoked. The municipal clerk shall notify the secretary of state and the county auditor within 30 days after the adoption of the resolution or ordinance. Subd. 3.[Repealed, 1994 c 646 s 28] Subd. 4. Candidates, filing. The clerk shall place upon the primary ballot without partisan designation the names of individuals whose candidacies have been filed and for whom the proper filing fee has been paid. When not more than twice the number of individuals to be elected to a municipal office file for nomination for the office, their names shall not be placed upon the primary ballot and shall be placed on the municipal general election ballot as the nominees for that office. Subd. 5. Results. (a) The municipal primary shall be conducted and the returns made in the manner provided for the state primary so far as practicable. If the primary is conducted: (1) only within that municipality, a canvass may be conducted on either the second or third day after the primary; or (2) in conjunction with the state primary, the canvass must be conducted on the third day after the primary, except as otherwise provided in paragraph (b). The governing body of the municipality shall canvass the returns, and the two candidates for each office who receive the highest number of votes, or a number of candidates equal to twice the number of individuals to be elected to the office, who receive the highest number of votes, shall be the nominees for the office named. Their names shall be certified to the municipal clerk who shall place them on the municipal general election ballot without partisan designation and without payment of an additional fee. (b) Following a municipal primary as described in paragraph (a), clause (2), a canvass may be conducted on the second day after the primary if the county auditor of each county in which the municipality is located agrees to administratively review the municipality's primary voting statistics for accuracy and completeness within a time that permits the canvass to be conducted on that day. Subd. 6. Recount. A losing candidate at the municipal primary may request a recount of the votes for that nomination subject to the requirements of section 204C.36. Subd. 7.[Repealed, 2011 c 65 s 9] History: 1983 c 62 s 2; 1987 c 62 s 6,7; 1989 c 209 art 1 s 19; 1994 c 646 s 4,5; 2010 c 184 s 26,27; 2010 c 194s21; 2010 c 201 s 57; 2011 c65s5 https://www.revisor.mn.gov/statutes/?id=205.065 10/3/2012 205.07, 2011 Minnesota Statutes Page 1 of 1 Coming soon -website redesign! View information about the redesign. 2011 Minnesota Statutes 205.07 MS 1957 [Repealed, 1959 c 675 art 13 s 1] 205.07 CITY GENERAL ELECTION. Subdivision 1. Date of election. The municipal general election in each city shall be held on the first Tuesday after the first Monday in November in every even-numbered year. Notwithstanding any provision of law to the contrary and subject to the provisions of this section, the governing body of a city may, by ordinance passed at a regular meeting held before June 1 of any year, elect to hold the election on the first Tuesday after the first Monday in November in each odd-numbered year. A city may hold elections in either the even-numbered year or the odd-numbered year, but not both. When a city changes its elections from one year to another, and does not provide for the expiration of terms by ordinance, the term of an incumbent expiring at a time when no municipal election is held in the months immediately prior to expiration is extended until the date for taking office following the next scheduled municipal election. If the change results in having three council members to be elected at a succeeding election, the two individuals receiving the highest vote shall serve for terms of four years and the individual receiving the third highest number of votes shall serve for a term of two years. To provide an orderly transition to the odd or even year election plan, the governing body of the city may adopt supplementary ordinances regulating initial elections and officers to be chosen at the elections and shortening or lengthening the terms of incumbents and those elected at the initial election. The term of office for the mayor may be either two or four years. The term of office of council members is four years. Whenever the time of the municipal election is changed, the city clerk immediately shall notify in writing the county auditor and secretary of state of the change of date. Thereafter the municipal general election shall be held on the first Tuesday after the first Monday in November in each odd-numbered or even-numbered year until the ordinance is revoked and notification of the change is made. A municipal general election scheduled to be held in an odd-numbered year may be postponed for inclement weather as provided in section 205.105. Subd. la. City council members; expiration of terms. The terms of all city council members of charter cities expire on the first Monday in January of the year in which they expire. Subd. 2.[Repealed, 1976 c 44 s 70] Subd. 3. Effect of ordinance; referendum. An ordinance changing the year of the municipal election is effective 240 days after passage and publication or at a later date fixed in the ordinance. Within 180 days after passage and publication of the ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. The petition shall be signed by eligible voters equal in number to ten percent of the total number of votes cast in the city at the last municipal general election. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by a majority of the voters voting on the question at a general or special election held at least 60 days after submission of the petition. If the petition is filed, the governing body may reconsider its action in adopting the ordinance. History: 1959 c 675 art 6 s 7; 1973 c 123 art 3 s 4; 1974 c 337 s 3; 1976 c 44 s 5; 1981 c 29 art 7 s 38; 1983 c 62 s 3; 1986 c 444; 1991 c 227 s 19,20; 1994 c 646 s 6; 1995 c 8 s 5; 2010 c 201 s 58,59 https://www.revisor.mn.gov/statutes/?id=205.07 10/3/2012 205.10, 2011 Minnesota Statutes Page 1 of 1 Coming soon -website redesign!View information about the redesign. 2011 Minnesota Statutes 205.10 MS 1957 [Repealed, 1959 c 675 art 13 s 1] 205.10 MUNICIPAL SPECIAL ELECTIONS. Subdivision 1. Questions. Special elections may be held in a city or town on a question on which the voters are authorized by law or charter to pass judgment. A special election may be ordered by the governing body of the municipality on its own motion or, on a question that has not been submitted to the voters in an election within the previous six months, upon a petition signed by a number of voters equal to 20 percent of the votes cast at the last municipal general election. A question is carried only with the majority in its favor required by law or charter. The election officials for a special election shall be the same as for the most recent municipal general election unless changed according to law. Otherwise special elections shall be conducted and the returns made in the manner provided for the municipal general election. Subd. 2. Vacancies in city offices. Special elections shall be held in statutory cities to fill vacancies in elective city offices as provided in section 412.02, subdivision 2a. 4 Subd. 3. Prohibition. No 4 special election authorized under subdivision 1 may be held within s after the state general election; Subd. 4. Vacancies in town offices. Special elections must be held with the town general election to fill vacancies in town offices as provided in section 367.03, subdivision 6. Subd. 5. Limit on ballot questions. The governing body of a city or town may not act to submit a ballot question at a general or special election and may not accept a petition for submission of a ballot question at a general or special election unless all election-related deadlines can be met, including publication deadlines for all required notices. A petition rejected under this subdivision may be resubmitted at a time when compliance with all election-related deadlines is possible. Nothing in this subdivision requires the scheduling of a special election for a ballot question. Subd. 6. Cancellation. A special election ordered by the governing body of the municipality on its own motion under subdivision 1 may be canceled by motion of the governing body, but not less than 46 days before the election. History: 1959 c 675 art 6 s 10; 1976 c 2 s 74; 1976 c 44 s 6; 1981 c 29 art 7 s 38; 1981 c 172 s 1; 1983 c 62 s 4; 1993 c 375 art 7 s 7; 1994 c 646 s 8,9; 1997 c 147 s 42; 1999 c 75 s 1; 1999 c 132 s 31,32; 2003 c 75 s 1; 2008 c 244 art 1 s 15 https://www.revisor.mn.gov/statutes/?id=205.10 10/3/2012 205.16, 2011 Minnesota Statutes Page 1 of 1 Coming soon -website redesign! View information about the redesign. 2011 Minnesota Statutes 205.16 MS 1957 [Repealed, 1959 c 675 art 13 s 1] 205.16 NOTICE. Subdivision 1. Publication and posting. In every municipality, the municipal clerk shall, except as otherwise provided in this section, give two weeks' published notice, and may also give ten days' posted notice, of the election, stating the time of the election, the location of each polling place, the offices to be filled, and all propositions or questions to be voted upon at the election. In a city of the fourth class or a town not located within a metropolitan county as defined in section 473.121, the governing body may dispense with publication of the notice of the municipal general election, in which case ten days' posted notice shall be given. The municipal clerk shall also post a copy of the notice in the clerk's office for public inspection. Subd. 2. Sample ballot, publication. For every municipal election, the municipal clerk shall, at least two weeks before the election, publish a sample ballot in the official newspaper of the municipality, except that the governing body of a fourth class city or a town not located within a metropolitan county as defined in section 473.121 may dispense with publication. Subd. 3. Sample ballot, posting. For every municipal election, the municipal clerk shall at least two weeks before the election prepare a sample ballot for the municipality, make them available for public inspection in the clerk's office, and post a sample ballot in each polling place on election day. Subd. 4. Notice to auditor. At least 67 days before every municipal election held in conjunction with a regularly scheduledsthlary for federal, state, county, city, or school board office or a special primary for federal office, at least 7 s before every municipal election held in connection with a regularly scheduled eneral election for federal, state, county, city, or school board office or a special election for federal office, and at least 53 days before any other municipal election, the municipal clerk shall provide a written notice to the county auditor, including the date of the election, the offices to be voted on at the election, and the title and language for each ballot question to be voted on at the election. At least 67 days before every municipal election held in conjunction with a regularly scheduled rE imary for federal, state, county, city, or school board office or a special primary for federal office, at least,74 days before a regularly scheduled general election for federal, state, county, city, or school board office or a special election for federal office , and at leastl6dais before any other election, the municipal clerk must provide written notice to the county auditor of any special election canceled under section 205.10, subdivision 6. Subd. 5. Notice to secretary of state. At least 67 days before every municipal election held in conjunction with a regularly scheduled primary for federal, state, county, city, or school board office or a special primary for federal office, at least 74 days before every municipal election held in conjunction with a regularly scheduled general election for federal, state,county, city, or school board office or a special election for federal office, and at least 46 days before any other municipal election for which a notice is provided to the county auditor under subdivision 4, the county auditor shall provide a notice of the election to the secretary of state, in a manner and including information prescribed by the secretary of state. History: 1959 c 675 art 6 s 16; 1976 c 2 s 77,78; 1976 c 44 s 11; 1978 c 572 s 6,7; 1981 c 29 art 7 s 38; 1983 c 62 s 6; 1989 c 291 art 1 s 20; 1991 c 227 s 21; 1994 c 646 s 12,13; 1999 c 132 s 33; 2004 c 293 art 2 s 35,36; 2008 c 244 art 1 s 16; 2010 c 184 s 29,30; 2010 c 201 s 63-66 https://www.revisor.mn.gov/statutes/?id=205.16 10/3/2012 205.121, 2011 Minnesota Statutes Page 1 of 1 • Coming soon -website redesign! View information about the redesign. Af/ti 2011 Minnesota Statutes 205.121 NOMINATING PETITIONS; CITIES OF FIRST CLASS; SIGNATURES. A nominating petition filed on behalf of a candidate for municipal office in a city of the first class shall be signed by eligible voters who maintain residence in the election district from which the candidate is to be elected. The number of signers shall equal 500, or two percent of the total number of individuals who voted in the municipality, ward, or other election district at the last preceding municipal general election, whichever is greater. History: 1981 c 29 art 7 s 9 alLe NJ. l06 https://www.revisor.mn.gov/statutes/?id=205.121 10/3/2012 205.13, 2011 Minnesota Statutes Page 1 of 2 Coming soon -website redesign! View information about the redesign. • 2011 Minnesota Statutes 205.13 MS 1957 [Repealed, 1959 c 675 art 13 s 1] 205.13 CANDIDATES, FILING. Subdivision 1. Affidavit of candidacy. An individual who is eligible and desires to become a candidate for an office to be voted for at the municipal general election shall file an affidavit of candidacy with the municipal clerk. Candidates for a special election to fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit of candidacy for the specific office to fill the unexpired portion of the term. Subject to the approval of the county auditor, the town clerk may authorize candidates for township offices to file affidavits of candidacy with the county auditor. The affidavit shall be in substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk shall also accept an application signed by not less than five voters and filed on behalf of an eligible voter in the municipality whom they desire to be a candidate, if service of a copy of the application has been made on the candidate and proof of service is endorsed on the application being filed. Upon receipt of the proper filing fee, the clerk shall place the name of the candidate on the official ballot without partisan designation. Subd. la. Filing period. In a city nominating candidates at a primary, an affidavit of candidacy for a city office voted on in November must be filed no more than 84 days nor less than 70 days before the city primary; In municipalities that do not hold a primary, an affidavit of candidacy must be filed no more than 70 days and not less than 56 days before the municipal general election held in March in any year, or a special election not held in conjunction with another election, and no more than 98 days nor less than 84 days before the municipal general election held in November of any year. Subd. lb. Absent candidates. A candidate for municipal office who will be absent from the state during the filing period may submit a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary petitions in person to the filing officer. The candidate shall state in writing the reason for being unable to submit the affidavit during the filing period. The affidavit, filing fee, and petitions must be submitted to the filing officer during the seven days immediately preceding the candidate's absence from the state. In cities of the first class, and in any city where the use of nominating petitions is permitted under the city's charter, a nominating petition for a candidate who will be absent from the state during the filing period may be signed during the 14 days immediately preceding the date when the affidavit of candidacy is filed. Subd. 2. Notice of filing dates. At least two weeks before the first day to file affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last dates on which q. affidavits of candidacy may be filed in the clerk's office and the closing time for filing on the last day for filing. The clerk shall post a similar notice at least ten days before the first day to file affidavits of candidacy. The notice must separately list any office for which affidavits of candidacy may be filed to fill the unexpired portion of a term when a special election is being held to fill a vacancy as provided in section 412.02, subdivision 2a. Subd. 3. Filing fees. Unless the charter of a city provides the amount of the fee for filing an application or affidavit of candidacy for city office, the filing fee for a municipal office is as follows: (a) in first class cities, $20; (b) in second and third class cities, $5; and (c) in fourth class cities and towns, $2. https://www.revisor.mn.gov/statutes/?id=205.13 10/3/2012 205.13, 2011 Minnesota Statutes Page 2 of 2. Subd. 4. Petition in place of fees. A candidate for municipal office may file a petition in place of the filing fees specified in subdivision 3. The petition shall meet the requirements of section 204B.11, subdivision 2. Subd. 5. Nominating petition; cities of the first class. A nominating petition filed on behalf of a candidate for municipal office in a city of the first class shall be signed by eligible voters who reside in the election district from which the candidate is to be elected. The number of signers shall be at least 500, or two percent of the total number of individuals who voted in the municipality, ward, or other election district at the last preceding municipal general election, whichever is greater. Subd. 6. Withdrawal. A candidate for a municipal elective office may withdraw from the election by filing an affidavit of withdrawal with the municipal clerk no later than 5:00 p.m. two days after the last day for filing affidavits of candidacy. Thereafter, no candidate may file an affidavit of withdrawal. History: 1959 c 675 art 6 s 13; 1976 c 44 s 8; 1978 c 572 s 3; 1981 c 29 art 7 s 10; 1983 c 62 s 5; 1985 c 72 s 4; 1987 c 62 s 8; 1994 c 646 s 10,11; 1997 c 147 s 43; 2000 c 467 s 26,27; 1Sp2001 c 10 art 18 s 35; 2010 c 184 s 28; 2010 c 201 s 61,62; 2011 c 65 s 6 https://www.revisor.mn.gov/statutes/?id=205.13 10/3/2012 205.17, 2011 Minnesota Statutes Page 1 of 2 Coming soon -website redesign! View information about the redesign. 2011 Minnesota Statutes 205.17 MS 1957 [Repealed, 1959 c 675 art s 1] 205.17 BALLOTS. ubdivision 1. Second, third and fourth class cities; towns. In all statutory n and home rule charter cities of the second, third, and fourth class, and in all towns, for the municipal general election, the municipal clerk shall have printed on light green paper the official ballot containing the names of all candidates for municipal offices. The ballot shall be printed in quantities of 25, 50, or 100, shall be headed "City or Town Election Ballot," shall state the name of the city or town and the date of the election, and shall conform in other respects to the white ballot used at the state general election. The names shall be arranged on city ballots in the manner provided for the state elections. On town ballots names of the candidates for each office shall be arranged either: (1) alphabetically according to the candidates' surnames; or (2) in the manner provided for state elections if the town electors chose at the town's annual meeting to arrange the names in that way for at least two consecutive years. Subd. 2. First class cities. In all cities of the first class, for the municipal general election, the city clerk shall have printed in blocks of 50 a partisan ballot upon which the names of all candidates for the office of mayor and for the city council are printed, and a nonpartisan ballot upon which the names of all candidates for all other city offices are printed. The partisan ballot shall be printed on light orange paper and shall be headed "City Partisan General Ballot." The nonpartisan ballot shall be printed on light green paper and shall be headed "City Nonpartisan General Ballot." Both ballots shall state the name of the city and the date of the election and conform in all other respects to the white ballot used at the state general election. The names of the candidates on the nonpartisan ballot shall be rotated in the manner prescribed for the rotation of names on nonpartisan ballots in state general elections. On the partisan ballot the names of the candidates for mayor shall be placed first. The order of the names of the candidates shall be in the manner prescribed for state general elections in section 204D.13. Subd. 3. Primary ballots. The municipal primary ballot in cities of the second, third, and fourth class and towns and the nonpartisan primary ballot in cities of the first class shall conform as far as practicable with the municipal general election ballot except that it shall be printed on light green paper. No blank spaces shall be provided for writing in the names of candidates. The partisan primary ballot in cities of the first class shall conform as far as practicable with the state partisan primary ballot. Subd. 4. Blue ballots; questions. All questions relating to the adoption of a city charter or charter amendments, a proposition for the issuance of bonds, and all other questions relating to city or town affairs submitted at an election to the voters of the municipality shall be printed on one separate blue ballot and shall be prepared, printed, and distributed under the direction of the municipal clerk at the same time and in the same manner as other municipal ballots. The ballots, when voted, shall be deposited in a separate blue ballot box provided by the local authorities for each voting precinct. The ballots shall be canvassed, counted, and returned in the same manner as other municipal ballots. The returns shall provide appropriate blank spaces for the counting, canvassing, and returning of the results of the questions submitted on the blue ballot. https://www.revisor.mn.gov/statutes/?id=205.17 10/3/2012 205.17, 2011 Minnesota Statutes Page 2 of 2 E Subd. 5. Statutory cities; vacancies. In statutory cities, the names of candidates to fill vacancies at a special election held as provided in section 412.02, subdivision 2a, shall be placed on the municipal primary and general election ballots. The names of candidates to fill a vacancy in the office of council member in a statutory city shall be listed under the separate heading "Special election for council member to fill vacancy in term expiring ," with the date of expiration of the term and any other information necessary to distinguish the office. Under the heading for the office of mayor in a special election shall be the words "To fill vacancy in term expiring Subd. 6. Form of ballot. The ballots for municipal elections must be prepared by the municipal clerk in the manner provided in the rules of the secretary of state. Subd. 7. Example ballot. No later than 30 days before absentee ballots must be prepared and delivered under section 204B.35 for use in a town general election conducted in March, the secretary of state shall supply each town clerk in a town conducting a March general election with a copy of an example ballot. The example ballot must illustrate the format required for the ballots used in the general election that year. History: 1959 c 675 art 6 s 17; 1973 c 387 s 2; 1976 c 2 s 79,80; 1976 c 44 s 12,13; 1976 c 224 s 4; 1981 c 29 art 7 s 13,38; 1981 c 172 s 2; 1983 c 62 s 7; 1983 c 253 s 21; 1986 c 444; 1994 c 646 s 14; 1997 c 18 s 1; 1997 c 147 s 44; 2000 c 467 s 28; 1Sp2001 c 10 art 18 s 36 https://www.revisor.mn.gov/statutes/?id=205.17 10/3/2012 CPLII;CVF/tta 1 MINNESOTA STATUTES 2011 410.12 410.12 AMENDMENTS. Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least 17 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth. Subd. la. Alternative methods of charter amendment. A home rule charter may be amended only by following one of the alternative methods of amendment provided in subdivisions 1 to 7. Subd. 2. Petitions. The signatures to such petition need not all be appended to one paper, but to each separate petition there shall be attached an affidavit of the circulator thereof as provided by this section. A petition must contain each petitioner's signature in ink or indelible pencil and must indicate after the signature the place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of five electors of the city, and on each paper the names and addresses of the same five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. The affidavit attached to each petition shall be as follows: State of ) ) ss. County of ) being duly sworn, deposes and says that the affiant, and the affiant only, personally circulated the foregoing paper, that all the signatures appended thereto were made in the affiant's presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be. Signed (Signature of Circulator) Subscribed and sworn to before me this day of Notary Public (or other officer) Copyright©2011 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 2 MINNESOTA STATUTES 2011 410.12 authorized to administer oaths The foregoing affidavit shall be strictly construed and any affiant convicted of swearing falsely as regards any particular thereof shall be punishable in accordance with existing law. Subd. 3. May be assembled as one petition. All petition papers for a proposed amendment shall be assembled and filed with the charter commission as one instrument. Within ten days after such petition is transmitted to the city council, the city clerk shall determine whether each paper of the petition is properly attested and whether the petition is signed by a sufficient number of voters. The city clerk shall declare any petition paper entirely invalid which is not attested by the circulator thereof as required in this section. Upon completing an examination of the petition, the city clerk shall certify the result of the examination to the council. If the city clerk shall certify that the petition is insufficient the city clerk shall set forth in a certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of the findings. A petition may be amended at any time within ten days after the making of a certificate of insufficiency by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall within five days after such amendment is filed, make examination of the amended petition, and if the certificate shall show the petition still to be insufficient, the city clerk shall file it in the city clerk's office and notify the committee of the petitioners of the findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Subd. 4. Election. Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter. The form of the ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment. Subd. 5. Amendments proposed by council. The council of any city having a home rule charter may propose charter amendments to the voters by ordinance. Any ordinance proposing such an amendment shall be submitted to the charter commission. Within 60 days thereafter, the charter commission shall review the proposed amendment but before the expiration of such period the commission may extend the time for review for an additional 90 days by filing with the city clerk its resolution determining that an additional time for review is needed. After reviewing the proposed amendment, the charter commission shall approve or reject the proposed amendment or suggest a substitute amendment. The commission shall promptly notify the council of the action taken. On notification of the charter commission's action, the council may submit to the people, in the same manner as provided in subdivision 4, the amendment originally proposed by it or the substitute amendment proposed by the charter commission. The amendment shall become effective only when approved by the voters as provided in subdivision 4. If so approved it shall be filed in the same manner as other amendments.Nothing in this subdivision precludes the charter commission from proposing charter amendments in the manner provided by subdivision 1. Subd. 6. Amendments, cities of the fourth class. The council of a city of the fourth class having a home rule charter may propose charter amendments by ordinance without submission to the charter commission. Such ordinance, if enacted, shall be adopted by at least a four-fifths vote Copyright©2011 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 3 MINNESOTA STATUTES 2011 410.12 of all its members after a public hearing upon two weeks' published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. The council shall submit the proposed amendment to the people in the manner provided in subdivision 4, but not sooner than three months after the passage of the ordinance. The amendment becomes effective only when approved by the voters as provided in subdivision 4. If so approved, it shall be filed in the same manner as other amendments. Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the city council must vote on the proposed charter amendment ordinance. The ordinance is enacted if it receives an affirmative vote of all members of the city council and is approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. The petition must be signed by registered voters equal in number to at least five percent of the registered voters in the city or 2,000, whichever is less. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters. History: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227 s 1; 1949 c 122 s 1; 1959 c 305 s 3,4; 1961 c 608 s 5,6; 1969 c 1027 s 3; 1973 c 503 s 1-4; 1986 c 444; 1998 c 254 art 1 s 107; 1999 c 132 s 42; 2005 c 93 s 1; 2008 c 331 s 7; 2010 c 184 s 43 Copyright©2011 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. Process for Petition to amend City Charter: Section 410.12 requires a petition to amend the City Charter must be submitted to the City Clerk 17 weeks before the general election. To meet that deadline, we have put forth the following timeline: Prior to circulation the proposers of the amendment must submit the uncirculated petition to the City Clerk to allow the clerk to verify the committee members are registered voters. Petition submitted to City Clerk shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, then a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed amendment, shall be submitted to the Charter Commission for its approval as to form and substance. Once the clerk has verified the committee members are registered, the clerk must present the petition to the Charter Commission for their review prior to circulation. The Charter Commission shall have ten (10) days to return the same to the proposes of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements set forth. Once petition has been returned to the City Clerk, the Clerk shall notify the Petition Committee it has been reviewed and the petition may be circulated. A sufficient petition shall have a minimum number of signatures of 5% of the total number of votes cast at the last previous state general election in the City. To ensure the amendment would be on the ballot, the following timeline should be used: Submit to City Clerk to verify individuals signing petition are registered voters and that there is the minimum number of signatures needed. (10 days) (4th Friday of June) If petition is sufficient, it would then go to City Council and all other dates are irrelevant. If petition is insufficient (not enough signatures of registered voters) • the clerk will return the petition to the Petition Committee to allow them to circulate the petition to obtain additional signatures. (10 days) (First Tuesday in July.) • City Clerks receives petition and additional signatures to verify. (5 days) (second Friday of July) • Petition is sufficient: • Prepare council memo for council (Third Thursday of July) • Resolution for Council action scheduling question to general election. (Fourth Tuesday of July.) If insufficient, petition shall be placed on file. 1. No special election may be held between the Primary and General Election(204D.195) 2. Special elections prohibited within 40 days of General Election(205.10, subd. 3) 3. Special election not held with federal or state election, continues to be 30 days for AB (203B.081) 4. If special held with Primary, notice must be 67 days; if with general notice must be 74 days (205.16, subd 4) 5. Minimum notice required by Anoka County if special municipal would be 39 days to prepare bal- lot and for AB process; plus the time needed to publish Notice of Filing, filing period, AB voting and 3 weeks published Notice of SE(Charter Section 4.04)or a minimum of 64 days. January February March April S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 3 4 5 6 7 8 9 7 8 9 10 11 12 13 7 8 9 10 11 12 13 4 5 6 7 8 9 10 10 11 12 13 14 15 16 14 15 16 17 18 19 20 14 15 16 17 18 19 20 11 12 13 14 15 16 17 17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27 18 19 20 21 22 23 24 24 25 26 27 28 29 30 28 28 29 30 31 25 26 27 28 29 30 31 Notice of Filing Published 4/29 S M a y M T W T F S June July y M T W T F S August 1 S M T W T F S S M T W T F S 2 3 4 5 6 7 8 02 3 ® 5 4 5 6 7 8 9 10 I 2 3 4 5 6 7 6 7 8 9 10 11 12 9 10 11 12 13 14 15 11 12 13 14 15 16 17 8 9 Q 11 12 13 14 16 17 8 19 20 21 22 13 14 15 16 17 18 19 15 16 17 18 19 ©0 21 20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 23 24 25 26 27 28 29 25 26 27 28 29 30 31 30 31 27 28 29 30 29 30 31 (Filings Open May 18) (Filings Close June 1) (Cert to County 67 days June 4)(AB Voting begins June 25 days Aug Election 0)( no Primary 10) (Cert g County/1 74 days Au 20)(If no Primary Filings 8/3 to 8/17 September October S MT W T F S November December S A/ T W T F S S M T W T F S S11 T WT FS 1 2 3 4 1 2 3 4 5 6 7 8 9 1 0 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 7 8 9 10 11 12 134 5 6 7 8 9 10 11 SO 12 13 14 15 16 17 18 10 /1 12 13 14 15 16 17 18 19 20 21 22 23 14 15 16 17 18 19 20 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 22 23 24 25 26 27 19 20 21 22 23 24 25 26 27 28 29 30 24 25 26 27 28 29 30 31 28 29 30 ' 26 27 28 29 30 31 (AB Voting Begins Sept 17) (General Election Nov 2) 41s1 Day No special elections between August 10th and December 12th A petition to amend the City Charter must be submitted to the City Clerk prior to circulation The City Clerk must present the proposed petition to the Charter Commission for their review 2012 , Signatures of 5%of the registered voters from the last state general election is the minimum number needed Time needed to circulate the petition after received from Charter Commission. Charter Amendment Timeline January February March Ap ril S M T WT FS S M T W T F S S M T W F S M T W T F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 1 2 3 4 5 6 7 4 5 8 9 10 11 12 13 14 5 6 7 8 9 10 11 11 12 �3 14 85 �6 1� 8 9 10 11 12 13 14 15 16 17 18 19 20 21 12 13 14 15 16 17 18 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19 20 21 22 23 24 25 18 19 20 21 22 23 24 22 23 24 25 26 27 28 29 30 31 26 27 28 29 25 26 27 28 29 30 31 29 30 June May S M T W T F S July August . S M T W T F S 1 2 S M T W T F S S M T W T F S 1 2 3 4 5 3 O4 5 6 7 8 9 1 2 ^ 4 5 6 7 1 2 3 4 6 7 8 9 10 11 12 10 11 12 13 14 15 16 8 9 11 12 13 14 5 6 7 8 9 10 11 13 14 15 16 17 (-1-8\ 19 17 18 19 20 21 23 15 16 17 18 19 20 21 12 13 4 15 16 17 18 • 20 21 22 23 24 26 24 25 26 27 28 29 30 22 23 24 25 26 27 28 19 20 21 22 23 24 25 27 28 29 30 31 29 30 31 26 27 28 29 30 31 25-Date to submit signed petition(10) 4-resubmit to petition group (10) 10-Submit Notice to County Auditor 15-return to city clerk to review signatures(5) 21 Memo to Council 17 weeks before general election 14 'Prj fm., 25 Council Action/Resolution September December S Al T W T F S October November 5 Al T W T FS 1 S M T W T F S S M T W T F S 2 3 4 5 6 7 8 1 2 3 4 5 6 1 2 3 2 3 4 5 6 7 imp 9 10 11 12 13 14 15 7 8 9 10 11 12 13 4 5 07 8 9 10 9C7-7)0 11 12 13 14 15 16 17 18 19 20 21 22 14 15 16 17 18 19 20 11 12 13 14 15 16 17 16 18 19 20 21 22 23 24 25 26 27 28 29 21 22 23 24 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30 * 30 31 G,- G 0(NI 11. 1 10-41st Day after election,1st day for a Special Election. A petition to amend the City Code must be submitted to the City Clerk prior to circulation for approval as to form to verify committee members are all registered voters. Minimum signatures needed is 15%of the number of voters who voted in the last state general election. After form is approved and committee members verified,Committee may begin circulating peti- tion. This calendar would be used during a state general election for guidance. The following deadlines would occur for this 2012 City Code Amendment Timeline March January February April S M T W T F S S M T W T F S S Al T W S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 5 6 7 8 9 10 11 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 12 13 14 15 16 17 18 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19 20 21 22 23 24 25 18 19 20 21 22 23 24 22 23 24 25 26 27 28 29 30 31 26 27 28 29 25 26 27 28 29 30 31 29 30 June July May S M T W T F S S M T W T F S August S M T W T F S 1 2 1 2 0 4 5 6 7 S M T W T F S 1 2 3 4 5 3 4 5 6 7 8 9 8 9 10 11 12 13 14 1 2 3 4 6 7 8 9 10 11 12 10 11 12 13 14 15 16 15 16 17 18 19 20 21 S 6 8 9 10 11 13 14 15 16 17 18 19 17 18 19 20 21 22 23 22 23 24 25 26 27 28 12 13 15 16 17 18 20 21 22 23 24 25 26 24 25 26 27 28 Z9 30 7-3 If petition insufficient,return for add'1 sig- 19 20 21 22 23 24 25 27 28 29 30 31 natures(10 days). 7-13 return for clerk to 26 27 28 29 30 31 Submit petition for verification process verify signatures(5)days. 7-19 If sufficient New language 6-22(10 days) prepare council memo.7-23 Council approval or 8-14 Send notice of question to County Auditor Old language 6-28(5 days) resolution scheduling election. 74 Days before Election(MS 205.16,subd 4) September December S l4 T W T F S October November S Al T W T F S 1 S M T W T F S S I V I T W T F S 2 3 4 5 6 7 8 1 2 3 4 5 6 1 2 3 2 3 4 5 6 7 84: 9 10 11 12 13 14 15 7 8 9 10 11 12 13 4 5 © 7 8 9 10 9 10 11 12 13 14 15 16 17 18 19 20 21 22 14 15 16 17 18 19 20 11 12 13 14 15 16 17' 16 17 18 19 20 21 22 23 24 25 26 27 28 29 21 22 23 24 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30 30 31 10- j ay atter election, I st day for a Special 11-6 General Election Day ,S ction. Process for Petition to amend City Charter: Section 410.12 requires a petition to amend the City Charter must be submitted to the City Clerk 17 weeks before the general election. To meet that deadline, we have put forth the following timeline: • Prior to circulation the proposers of the amendment must submit the uncirculated petition to the City Clerk to allow the clerk to verify the committee members are registered voters. Petition submitted to City Clerk shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, then a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed amendment, shall be submitted to the Charter Commission for its approval as to form and substance. Once the clerk has verified the committee members are registered, the clerk must present the petition to the Charter Commission for their review prior to circulation. The Charter Commission shall have ten (10) days to return the same to the proposes of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements set forth. Once petition has been returned to the City Clerk, the Clerk shall notify the Petition Committee it has been reviewed and the petition may be circulated. A sufficient petition shall have a minimum number of signatures of 5% of the total number of votes cast at the last previous state general election in the City. To ensure the amendment would be on the ballot, the following timeline should be used: Submit to City Clerk to verify individuals signing petition are registered voters and that there is the minimum number of signatures needed. (10 days) (4th Friday of June) If petition is sufficient, it would then go to City Council and all other dates are irrelevant. If petition is insufficient(not enough signatures of registered voters) • the clerk will return the petition to the Petition Committee to allow them to circulate the petition to obtain additional signatures. (10 days) (First Tuesday in July.) • City Clerks receives petition and additional signatures to verify. (5 days) (second Friday of July) • Petition is sufficient: • Prepare council memo for council (Third Thursday of July) • Resolution for Council action scheduling question to general election. (Fourth Tuesday of July.) If insufficient, petition shall be placed on file. 1. No special election may be held between the Primary and General Election(204D.195) 2. Special elections prohibited within 40 days of General Election(205.10, subd. 3) 3. Special election not held with federal or state election, continues to be 30 days for AB (203B.081) 4. If special held with Primary, notice must be 67 days; if with general notice must be 74 days (205.16, subd 4) 0 . 5. Minimum notice required by Anoka County if special municipal would be 39 days to prepare bal- lot and for AB process; plus the time needed to publish Notice of Filing, filing period, AB voting and 3 weeks published Notice of SE (Charter Section 4.04)or a minimum of 64 days. January February March April S M T WT F S S M T W T F S S M T W T F S S M T W T F S 1 2 1 2 3 4 5 6 1 2 3 4 5 6 I 2 3 3 4 5 6 7 8 9 7 8 9 10 11 12 13 7 8 9 10 11 12 13 4 5 6 7 8 9 10 10 11 12 13 14 15 16 14 15 16 17 18 19 20 14 15 16 17 18 19 20 11 12 13 14 15 16 17 17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27 18 19 20 21 22 23 24 24 25 26 27 28 29 30 28 28 29 30 31 25 26 27 28 29 30 31 Notice of Filing Published 4/29 May M T W T F S June July M T W T F S August 1 S M T W T F S S M T WT FS 2 3 4 5 6 7 8 02 3 ® 5 4 5 6 7 8 9 10 1 2 3 4 5 6 7 6 7 8 9 10 II 12 9 10 11 12 13 14 15 11 12 13 14 15 16 17 8 9 Q 11 12 13 14 16 17 8 19 20 21 22 13 14 15 16 17 18 19 15 16 17 18 19 ©0 21 0 20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 23 24 25 26 27 28 29 25 26 27 28 29 30 31 30 31 27 28 29 30 29 30 31 (Filings Open May 18) (Filings Close June 1) (Cert to County 67 days June 4)(AB Voting begins June 25) (Primary Election Aug 10) (Cert to County 74 days Aug 20)(If no Primary Filings 8/3 to 8/17 September October Se p S M T W T F S November December S Al T W T F S S M T WT FS S AI T W T F S 1 2 3 4 1 2 1 0 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7 8 9 10 11 12 13 5 6 7 8 9 10 11 12 13 14 15 16 17 18 17 18 19 20 21 22 23 14 15 16 17 18 19 20 12 a3 14 15 16 17 18 19 20 21 22 23 24 25 24 25 26 27 28 29 30 21 22 23 24 25 26 27" 19 20 21 22 23 24 25 26 27 28 29 30 28 29 30 rt 26 27 28 29 30 31 31 (AB Voting Begins Sept 17) (General Election Nov 2) 41st Day No special elections between August 10th and December 12th a A petition to amend the City Charter must be submitted to the City Clerk prior to circulation The City Clerk must present the proposed petition to the Charter Commission for their review 2012 Signatures of 5%of the registered voters from the last state general election is the minimum number needed Time needed to circulate the petition after received from Charter Commission. Charter Amendment Timeline March January February S M T W T F S April S M T W T F S S M T W T F S 1 2 3 S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 5 6 7 8 9 10 11 11 12 13 14 15 16 17 8 9 10 11 12 13 14 15 16 17 18 19 20 21 12 13 14 15 16 17 18 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19 20 21 22 23 24 25 18 19 20 21 22 23 24 22 23 24 25 26 27 28 29 30 31 26 27 28 29 25 26 27 28 29 30 31 29 30 June May S M T W T F S July August S M T W T F S 1 2 S M T W T F S S M T W T F S 1 2 3 4 5 3 O 5 6 7 8 9 1 2 ^ 4 5 6 7 1 2 3 4 6 7 8 9 10 11 12 10 11 12 13 14 IS 16 8 9 11 12 13 14 5 6 7 8 9 10 11 13 14 15 16 17c-1-8\ 19 17 18 19 20 21 23 15 16 17 18 19 20 21 12 13 C) 15 16 17 18 20 21 22 23 24 26 24 25 26 27 29 30 22 23 24 25 26 27 28 19 20 21 22 23 24 25 27 28 29 30 31 29 30 31 26 27 28 29 30 31 25-Date to submit signed petition 10 4-resubmit to petition group (10) p ( ) 15-return to city clerk to review signatures(5) 10-Submit Notice to County Auditor r i4- �r lrin 21 Memo to Council 17 weeks before general election 25 Council Action/Resolution September December S M T W T F S October November S Al T W T F S 1 S M T W T F S S Al T W T F S 1 I 2 3 4 5 6 7 8 1 2 3 4 5 6 1 2 3 2 3 4 5 6 7 9 10 11 12 13 14 15 7 8 9 10 11 12 13 4 5 6`, 7 8 9 10 9 10 11 12 13 14 15 16 17 18 19 20 21 22 14 15 16 17 18 19 20 11 12 13 14 15 16 17 16 18 19 20 21 22 23 24 25 26 27 28 29 21 22 23 24 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30 30 31 10-41st Day after election,1st day for a Special to_ Coe(Ne.i 4, Election. A petition to amend the City Code must be submitted to the City Clerk prior to circulation for approval as to form to verify committee members are all registered voters. Minimum signatures needed is 15%of the number of voters who voted in the 2012 last state general election. After form is approved and committee members verified,Committee may begin circulating peti- tion. This calendar would be used during a state general election for guidance. The following deadlines would occur for this City Code Amendment Timeline January February March T W T F S April S M T W T F S S M T W T F S 1 2 3 S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 1 2 3 4 5 6 7 4 5 8 9 10 11 12 13 14 5 6 7 8 9 10 11 11 12 �3 14 �5 �6 1� 8 9 10 11 12 13 14 15 16 17 18 19 20 21 12 13 14 15 16 17 18 18 19 20 21 22 23 24 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19 20 21 22 23 24 25 22 23 24 25 26 27 28 29 30 31 26 27 28 29 25 26 27 28 29 30 31 29 30 June July May S M T W T F S S M T W T F S August S M T W T F S 1 2 1 2 0 4 5 6 7 S M T W T F S 1 2 3 4 5 3 4 5 6 7 8 9 8 9 10 11 12 13 14 1 2 3 4 6 7 8 9 10 11 12 10 11 12 13 14 15 16 15 16 17 18 19 20 21 5 6C-4) 8 9 10 11 13 14 15 16 17 18 19 17 18 19 20 21 22 23 22 23 24 25 26 27 28 12 13 15 16 17 18 20 21 22 23 24 25 26 24 25 26 27 28 30 7-3 If petition insufficient,return for add'I sig- 19 20 21 22 23 24 25 27 28 29 30 31 O natures(10 days). 7-13 return for clerk to 26 27 28 29 30 31 Submit petition for verification process verify signatures(5)days. 7-19 If sufficient New language 6-22(10 days) prepare council memo.7-23 Council approval or 8-14 Send notice of question to County Auditor Old Language 6-28(5 days) resolution scheduling election. 74 Days before Election(MS 205.16,subd 4) September December S M T W T F S October November S A I T W T F S 1 S A4 T W T F S S M T W T F S 1 2 3 4 5 6 7 8 1 2 3 4 5 6 1 2 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 7 8 9 10 11 12 13 4 5 © 7 8 9 10 9C1-0) 11 12 13 14 15 16 17 18 19 20 21 22 14 15 16 17 18 19 20 11 12 13 14 15 16 17. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 21 22 23 24 25 26 27 18 19 20 2/ 22 23 24 23 24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30 30 31 I 0-41st Dayafter election. I st day for a Special 11-6 General Election Day Election. . ge.dd(0-) FRIDLEY CITY CHARTER gArij CHAPTER 4. NOMINATIONS AND ELECTIONS Section 4.01. GENERAL ELECTION LAWS TO APPLY. Except as hereinafter provided, the general laws of the State of Minnesota pertaining to registration of eligible voters and the conduct of primary and general elections shall apply for all municipal elections of such officers as are specified in this Charter. The Council shall, through ordinances duly adopted in compliance with such state laws and this Charter, adopt suitable and necessary regulations for the conduct of such elections. (Ref. Ord. 857) Section 4.02. REGULAR MUNICIPAL ELECTIONS. On the first Tuesday after the first Monday in November, municipal general elections shall be held, at such place or places as the City Council may designate by resolution. General municipal elections shall be held every even numbered year. The Council may divide the City into as many voting precincts as it may from time to time deem necessary. Each ward shall constitute at least one (1) voting precinct and no precinct shall be in more than one (1) ward. At least fifteen (15) days' notice shall be given by the City Clerk of the time and places of holding such election, and of the officers to be elected, by posting a notice thereof in at least one (1) public place in each voting precinct and by publishing a notice thereof at least once in the official newspaper of the City, but failure to give such notice shall not invalidate such election. (Ref. Ord 1252) Section 4.03. PRIMARY ELECTIONS. There shall be a primary election, on the date established by Minnesota State Law, for the selection of two (2) nominees for each elective office at the regular municipal election, unless only two (2) nominees file for each elective office. Primary municipal elections shall be held every even numbered year, if necessary. (Ref Ord 1269) Section 4.04. SPECIAL ELECTIONS. The Council may by resolution order a special election, fix the time of holding the same, and provide all means for holding such special election, provided that three (3) weeks' published notice shall be given of said special election. The procedure at such elections shall conform as nearly as possible to that herein provided for other municipal elections. Special elections for vacancies in the City Council shall be held in accordance with provisions of Section 2.06 (Ref. Ord. 1034) Section 4.05. JUDGES OF ELECTION. The Council shall at least twenty-five (25) days before each municipal election appoint two (2) eligible voters for each voting precinct to be election judges and one (1) registered voter to be head election judge; or as many election judges 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, 1230) 05/24/10 • 203B:081, 2011 Minnesota Statutes Page 1 of 1 Coming soon -website redesign! View information about the redesign. 2011 Minnesota Statutes 203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON. An eligible voter may vote by absentee ballot in the office of the county auditor and at any other polling place designated by the county auditor during the 46 days before: (1) a regularly scheduled election for federal, state, county, city, or school board office; (2) a special election for a federal or county office; and (3) an election held in conjunction with an election described in clauses (1) and (2), and during the 30 days before any other election. The county auditor shall make such designations at least 14 weeks before the election. At least one voting booth in each polling place must be made available by the county auditor for this purpose. The county auditor must also make available at least one electronic ballot marker in each polling place that has implemented a voting system that is accessible for individuals with disabilities pursuant to section 206.57, subdivision 5. History: 1997 c 147 s 17; 1999 c 132 s 12; 2008 c 244 art 1 s 7; 2010 c 184 s 6; 2010 c 201 s 18 /7011/61e'r) A6VS Afte4 https://www.revisor.mn.gov/statutes/?id=203B.081 10/3/2012 204D:195, 2011 Minnesota Statutes Page 1 of 1 Coming soon -website redesign! View information about the redesign. 2011 Minnesota Statutes 204D.195 DATE OF SPECIAL ELECTION; CERTAIN TIMES PROHIBITED. Notwithstanding any other provision of law, a special primary and special general election may not be held for a period beginning the day following the date of the state Driaiary election and epding, the day prior to the date of the sta_t General election. History: 2010 c 201 s 54 https://www.revisor.mn.gov/statutes/?id=204D.195 10/3/2012 • . 205.02, 2011 Minnesota Statutes Page 1 of 1 Coming soon -website redesign! View information about the redesign. 2011 Minnesota Statutes 205.02 MS 1957 [Repealed, 1959 c 675 art 13 s 1] 205.02 STATUTES APPLICABLE. Subdivision 1. Minnesota Election Law. Except as provided in this chapter the provisions of the Minnesota Election Law apply to municipal elections, so far as practicable. Subd. 2. City elections. In all statutory and home rule charter cities, the primary, general and special elections held for choosing city officials and deciding public questions relating to the city shall be held as provided in this chapter, except that sections 205.065, subdivisions 4 to 7; 205.07, subdivision 3; 205.10; 205.121; and 205.17, subdivisions 2 and 3, do not apply to a city whose charter provides the manner of holding its primary, general or special elections. History: 1959 c 675 art 6 s 2; 1983 c 62 s 1; 1987 c 62 s 5; 1989 c 209 art 2 s 1; 1994 c 646 s 3 https://www.revisor.mn.gov/statutes/?id=205.02 10/3/2012 • 205.065, 2011 Minnesota Statutes Page 1 of 1 Coming soon -website redesign! View information about the redesign. 2011 Minnesota Statutes 205.065 PRIMARIES. Subdivision 1. Establishing primary. A municipal primary for the purpose of nominating elective officers may be held in any city on the second Tuesday in August of any year in which a municipal general election is to be held for the purpose of electing officers. The date of a municipal primary held in an odd-numbered year may be postponed for inclement weather as provided in section 205.105. Subd. 2. Resolution or ordinance. The governing body of a city may, by ordinance or resolution adopted by April 15 in the year when a municipal general election is held, elect to choose nominees for municipal offices by a primary as provided in this section. The resolution or ordinance, when adopted, is effective for all ensuing municipal elections until it is revoked. The municipal clerk shall notify the secretary of state and the county auditor within 30 days after the adoption of the resolution or ordinance. Subd. 3.[Repealed, 1994 c 646 s 28] Subd. 4. Candidates, filing. The clerk shall place upon the primary ballot without partisan designation the names of individuals whose candidacies have been filed and for whom the proper filing fee has been paid. When not more than twice the number of individuals to be elected to a municipal office file for nomination for the office, their names shall not be placed upon the primary ballot and shall be placed on the municipal general election ballot as the nominees for that office. Subd. 5. Results. (a) The municipal primary shall be conducted and the returns made in the manner provided for the state primary so far as practicable. If the primary is conducted: (1) only within that municipality, a canvass may be conducted on either the second or third day after the primary; or (2) in conjunction with the state primary, the canvass must be conducted on the third day after the primary, except as otherwise provided in paragraph (b). The governing body of the municipality shall canvass the returns, and the two candidates for each office who receive the highest number of votes, or a number of candidates equal to twice the number of individuals to be elected to the office, who receive the highest number of votes, shall be the nominees for the office named. Their names shall be certified to the municipal clerk who shall place them on the municipal general election ballot without partisan designation and without payment of an additional fee. (b) Following a municipal primary as described in paragraph (a), clause (2), a canvass may be conducted on the second day after the primary if the county auditor of each county in which the municipality is located agrees to administratively review the municipality's primary voting statistics for accuracy and completeness within a time that permits the canvass to be conducted on that day. Subd. 6. Recount. A losing candidate at the municipal primary may request a recount of the votes for that nomination subject to the requirements of section 204C.36. Subd. 7.[Repealed, 2011 c 65 s 9] History: 1983 c 62 s 2; 1987 c 62 s 6,7; 1989 c 209 art 1 s 19; 1994 c 646 s 4,5; 2010 c 184 s 26,27; 2010 c 194 s 21; 2010c201 s 57; 2011 c 65 s 5 https://www.revisor.mn.gov/statutes/?id=205.065 10/3/2012 . . 205.07, 2011 Minnesota Statutes Page 1 of 1 Coming soon -website redesign! View information about the redesign. 2011 Minnesota Statutes 205.07 MS 1957 [Repealed, 1959 c 675 art 13 s 1] 205.07 CITY GENERAL ELECTION. Subdivision 1. Date of election. The municipal general election in each city shall be held on the first Tuesday after the first Monday in November in every even-numbered year. Notwithstanding any provision of law to the contrary and subject to the provisions of this section, the governing body of a city may, by ordinance passed at a regular meeting held before June 1 of any year, elect to hold the election on the first Tuesday after the first Monday in November in each odd-numbered year. A city may hold elections in either the even-numbered year or the odd-numbered year, but not both. When a city changes its elections from one year to another, and does not provide for the expiration of terms by ordinance, the term of an incumbent expiring at a time when no municipal election is held in the months immediately prior to expiration is extended until the date for taking office following the next scheduled municipal election. If the change results in having three council members to be elected at a succeeding election, the two individuals receiving the highest vote shall serve for terms of four years and the individual receiving the third highest number of votes shall serve for a term of two years. To provide an orderly transition to the odd or even year election plan, the governing body of the city may adopt supplementary ordinances regulating initial elections and officers to be chosen at the elections and shortening or lengthening the terms of incumbents and those elected at the initial election. The term of office for the mayor may be either two or four years. The term of office of council members is four years. Whenever the time of the municipal election is changed, the city clerk immediately shall notify in writing the county auditor and secretary of state of the change of date. Thereafter the municipal general election shall be held on the first Tuesday after the first Monday in November in each odd-numbered or even-numbered year until the ordinance is revoked and notification of the change is made. A municipal general election scheduled to be held in an odd-numbered year may be postponed for inclement weather as provided in section 205.105. Subd. la. City council members; expiration of terms. The terms of all city council members of charter cities expire on the first Monday in January of the year in which they expire. Subd. 2.[Repealed, 1976 c 44 s 70] Subd. 3. Effect of ordinance; referendum. An ordinance changing the year of the municipal election is effective 240 days after passage and publication or at a later date fixed in the ordinance. Within 180 days after passage and publication of the ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. The petition shall be signed by eligible voters equal in number to ten percent of the total number of votes cast in the city at the last municipal general election. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by a majority of the voters voting on the question at a general or special election held at least 60 days after submission of the petition. If the petition is filed, the governing body may reconsider its action in adopting the ordinance. History: 1959 c 675 art 6 s 7; 1973 c 123 art 3 s 4; 1974 c 337 s 3; 1976 c 44 s 5; 1981 c 29 art 7 s 38; 1983 c 62 s 3; 1986 c 444; 1991 c 227 s 19,20; 1994 c 646 s 6; 1995 c 8 s 5; 2010 c 201 s 58,59 https://www.revisor.mn.gov/statutes/?id=205.07 10/3/2012 • • 205.10, 2011 Minnesota Statutes Page 1 of 1 Coming soon -website redesign!View information about the redesign. 2011 Minnesota Statutes 205.10 MS 1957 [Repealed, 1959 c 675 art 13 s 1] 205.10 MUNICIPAL SPECIAL ELECTIONS. Subdivision 1. Questions. Special elections may be held in a city or town on a question on which the voters are authorized by law or charter to pass judgment. A special election may be ordered by the governing body of the municipality on its own motion or, on a question that has not been submitted to the voters in an election within the previous six months, upon a petition signed by a number of voters equal to 20 percent of the votes cast at the last municipal general election. A question is carried only with the majority in its favor required by law or charter. The election officials for a special election shall be the same as for the most recent municipal general election unless changed according to law. Otherwise special elections shall be conducted and the returns made in the manner provided for the municipal general election. Subd. 2. Vacancies in city offices. Special elections shall be held in statutory cities to fill vacancies in elective city offices as provided in section 412.02, subdivision 2a. 4 Subd. 3. Prohibition. No special election authorized under subdivision 1 may be held within 40 days after the state general election; Subd. 4. Vacancies in town offices. Special elections must be held with the town general election to fill vacancies in town offices as provided in section 367.03, subdivision 6. Subd. 5. Limit on ballot questions. The governing body of a city or town may not act to submit a ballot question at a general or special election and may not accept a petition for submission of a ballot question at a general or special election unless all election-related deadlines can be met, including publication deadlines for all required notices. A petition rejected under this subdivision may be resubmitted at a time when compliance with all election-related deadlines is possible. Nothing in this subdivision requires the scheduling of a special election for a ballot question. Subd. 6. Cancellation. A special election ordered by the governing body of the municipality on its own motion under subdivision 1 may be canceled by motion of the governing body, but not less than 46 days before the election. History: 1959 c 675 art 6 s 10; 1976 c 2 s 74; 1976 c 44 s 6; 1981 c 29 art 7 s 38; 1981 c 172 s 1; 1983 c 62 s 4; 1993 c 375 art 7 s 7; 1994 c 646 s 8,9; 1997 c 147 s 42; 1999 c 75 s 1; 1999 c 132 s 31,32; 2003 c 75 s 1; 2008 c 244 art 1 s 15 https://www.revisor.mn.gov/statutes/?id=205.10 10/3/2012 • • 205.16, 2011 Minnesota Statutes Page 1 of 1 Coming soon -website redesign!View information about the redesign. 2011 Minnesota Statutes 205.16 MS 1957 [Repealed, 1959 c 675 art 13 s 1] 205.16 NOTICE. Subdivision 1. Publication and posting. In every municipality, the municipal clerk shall, except as otherwise provided in this section, give two weeks' published notice, and may also give ten days' posted notice, of the election, stating the time of the election, the location of each polling place, the offices to be filled, and all propositions or questions to be voted upon at the election. In a city of the fourth class or a town not located within a metropolitan county as defined in section 473.121, the governing body may dispense with publication of the notice of the municipal general election, in which case ten days' posted notice shall be given. The municipal clerk shall also post a copy of the notice in the clerk's office for public inspection. Subd. 2. Sample ballot, publication. For every municipal election, the municipal clerk shall, at least two weeks before the election, publish a sample ballot in the official newspaper of the municipality, except that the governing body of a fourth class city or a town not located within a metropolitan county as defined in section 473.121 may dispense with publication. Subd. 3. Sample ballot, posting. For every municipal election, the municipal clerk shall at least two weeks before the election prepare a sample ballot for the municipality, make them available for public inspection in the clerk's office, and post a sample ballot in each polling place on election day. Subd. 4. Notice to auditor. At least 67 days before every municipal election held in iLconjunction with a regularly scheduled.mi_marv_for federal, state, county, city, or school board office or a special primary for federal office, at least 74 day s before every municipal election held in connection with a regularly scheduled enera�l election for federal, state, county, city, or school board office or a special election for federal office, and at least 53 days before any other municipal election, the municipal clerk shall provide a written notice to the county auditor, including the date of the election, the offices to be voted on at the election, and the title and language for each ballot question to be voted on at the election. At least 67 days before every municipal election held in conjunction with a regularly scheduled aimay for federal, state, county, city, or school board office or a special primary for federal office, at least 74 days before a regularly scheduled general election for federal, state, county, city, or school board office or a special election for federal office, and at least 4�66 before any other election, the municipal clerk must provide written notice to the county auditor of any special election canceled under section 205.10, subdivision 6. Subd. 5. Notice to secretary of state. At least 67 days before every municipal election held in conjunction with a regularly scheduled primary for federal, state, county, city, or school board office or a special primary for federal office, at least 74 days before every municipal election held in conjunction with a regularly scheduled general election for federal, state, county, city, or school board office or a special election for federal office, and at least 46 days before any other municipal election for which a notice is provided to the county auditor under subdivision 4, the county auditor shall provide a notice of the election to the secretary of state, in a manner and including information prescribed by the secretary of state. History: 1959 c 675 art 6 s 16; 1976 c 2 s 77,78; 1976 c 44 s 1 1; 1978 c 572 s 6,7; 1981 c 29 art 7 s 38; 1983 c 62 s 6; 1989 c 291 art 1 s 20; 1991 c 227 s 21; 1994 c 646 s 12,13; 1999 c 132 s 33; 2004 c 293 art 2 s 35,36; 2008 c 244 art 1 s 16; 2010 c 184 s 29,30; 2010 c 201 s 63-66 https://www.revisor.mn.gov/statutes/?id=205.16 10/3/2012 205:121, 2011 Minnesota Statutes Page 1 of 1 Coming soon -website redesign! View information about the redesign. Af/A 2011 Minnesota Statutes 205.121 NOMINATING PETITIONS; CITIES OF FIRST CLASS; SIGNATURES. A nominating petition filed on behalf of a candidate for municipal office in a city of the first class shall be signed by eligible voters who maintain residence in the election district from which the candidate is to be elected. The number of signers shall equal 500, or two percent of the total number of individuals who voted in the municipality, ward, or other election district at the last preceding municipal general election, whichever is greater. History: 1981 c 29 art 7 s 9 (Alt aJu Nfrt r J-4-1 °6 t;/3 0 I 440 https://www.revisor.mn.gov/statutes/?id=205.121 10/3/2012 - 205.1'3, 2011 Minnesota Statutes Page 1 of 2 Coming soon -website redesign! View information about the redesign. 2011 Minnesota Statutes 205.13 MS 1957 [Repealed, 1959 c 675 art 13 s 1] 205.13 CANDIDATES, FILING. Subdivision 1. Affidavit of candidacy. An individual who is eligible and desires to become a candidate for an office to be voted for at the municipal general election shall file an affidavit of candidacy with the municipal clerk. Candidates for a special election to fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit of candidacy for the specific office to fill the unexpired portion of the term. Subject to the approval of the county auditor, the town clerk may authorize candidates for township offices to file affidavits of candidacy with the county auditor. The affidavit shall be in substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk shall also accept an application signed by not less than five voters and filed on behalf of an eligible voter in the municipality whom they desire to be a candidate, if service of a copy of the application has been made on the candidate and proof of service is endorsed on the application being filed. Upon receipt of the proper filing fee, the clerk shall place the name of the candidate on the official ballot without partisan designation. Subd. la. Filing period. In a city nominating candidates at a primary, an affidavit of candidacy ' for a city office voted on in November must be filed no more than 84 days nor less than 70 d ys, a ( before the city primary; In municipalities that do not hold a primary, an affidavit of candidacy must be filed no more than 70 days and not less than 56 days before the municipal general election held in March in any year, or a special election not held in conjunction with another election, and no more than 98 days nor less than 84 days before the municipal general election held in November of any year. Subd. lb. Absent candidates. A candidate for municipal office who will be absent from the state during the filing period may submit a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary petitions in person to the filing officer. The candidate shall state in writing the reason for being unable to submit the affidavit during the filing period. The affidavit, filing fee, and petitions must be submitted to the filing officer during the seven days immediately preceding the candidate's absence from the state. In cities of the first class, and in any city where the use of nominating petitions is permitted under the city's charter, a nominating petition for a candidate who will be absent from the state during the filing period may be signed during the 14 days immediately preceding the date when the affidavit of candidacy is filed. Subd. 2. Notice of filing dates. At least two weeks before the first day to file affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last dates on which q. affidavits of candidacy may be filed in the clerk's office and the closing time for filing on the last day for filing. The clerk shall post a similar notice at least ten days before the first day to file affidavits of candidacy. The notice must separately list any office for which affidavits of candidacy may be filed to fill the unexpired portion of a term when a special election is being held to fill a vacancy as provided in section 412.02, subdivision 2a. Subd. 3. Filing fees. Unless the charter of a city provides the amount of the fee for filing an application or affidavit of candidacy for city office, the filing fee for a municipal office is as follows: (a) in first class cities, $20; (b) in second and third class cities, $5; and (c) in fourth class cities and towns, $2. https://www.revisor.mn.gov/statutes/?id=205.13 10/3/2012 205.13, 2011 Minnesota Statutes Page 2 of 2 Subd. 4. Petition in place of fees. A candidate for municipal office may file a petition in place of the filing fees specified in subdivision 3. The petition shall meet the requirements of section 204B.11, subdivision 2. Subd. 5. Nominating petition; cities of the first class. A nominating petition filed on behalf of a candidate for municipal office in a city of the first class shall be signed by eligible voters who reside in the election district from which the candidate is to be elected. The number of signers shall be at least 500, or two percent of the total number of individuals who voted in the municipality, ward, or other election district at the last preceding municipal general election, whichever is greater. Subd. 6. Withdrawal. A candidate for a municipal elective office may withdraw from the election by filing an affidavit of withdrawal with the municipal clerk no later than 5:00 p.m. two days after the last day for filing affidavits of candidacy. Thereafter, no candidate may file an affidavit of withdrawal. History: 1959 c 675 art 6 s 13; 1976 c 44 s 8; 1978 c 572 s 3; 1981 c 29 art 7 s 10; 1983 c 62 s 5; 1985 c 72 s 4; 1987 c 62 s 8; 1994 c 646 s 10,11; 1997 c 147 s 43; 2000 c 467 s 26,27; 1 Sp2001 c 10 art 18s35; 2010 c 184s28; 2010 c 201 s 61,62; 2011 c65s6 https://www.revisor.mn.gov/statutes/?id=205.13 10/3/2012 205'17, 2011 Minnesota Statutes Page 1 of 2 Coming soon -website redesign! View information about the redesign. 2011 Minnesota Statutes 205.17 MS 1957 [Repealed, 1959 c 675 art s 1] 205.17 BALLOTS. ubdivision 1. Second, thiril, and fourth class cities; towns. In all statutory and home rule charter cities of the second, third, and fourth class, and in all towns, for the municipal general election, the municipal clerk shall have printed on light green paper the official ballot containing the names of all candidates for municipal offices. The ballot shall be printed in quantities of 25, 50, or 100, shall be headed "City or Town Election Ballot," shall state the name of the city or town and the date of the election, and shall conform in other respects to the white ballot used at the state general election. The names shall be arranged on city ballots in the manner provided for the state elections. On town ballots names of the candidates for each office shall be arranged either: (1) alphabetically according to the candidates' surnames; or (2) in the manner provided for state elections if the town electors chose at the town's annual meeting to arrange the names in that way for at least two consecutive years. Subd. 2. First class cities. In all cities of the first class, for the municipal general election, the city clerk shall have printed in blocks of 50 a partisan ballot upon which the names of all candidates for the office of mayor and for the city council are printed, and a nonpartisan ballot upon which the names of all candidates for all other city offices are printed. The partisan ballot shall be printed on light orange paper and shall be headed "City Partisan General Ballot." The nonpartisan ballot shall be printed on light green paper and shall be headed "City Nonpartisan General Ballot." Both ballots shall state the name of the city and the date of the election and conform in all other respects to the white ballot used at the state general election. The names of the candidates on the nonpartisan ballot shall be rotated in the manner prescribed for the rotation of names on nonpartisan ballots in state general elections. On the partisan ballot the names of the candidates for mayor shall be placed first. The order of the names of the candidates shall be in the manner prescribed for state general elections in section 204D.13. Subd. 3. Primary ballots. The municipal primary ballot in cities of the second, third, and fourth class and towns and the nonpartisan primary ballot in cities of the first class shall conform as far as practicable with the municipal general election ballot except that it shall be printed on light green paper. No blank spaces shall be provided for writing in the names of candidates. The partisan primary ballot in cities of the first class shall conform as far as practicable with the state partisan primary ballot. Subd. 4. Blue ballots; questions. All questions relating to the adoption of a city charter or charter amendments, a proposition for the issuance of bonds, and all other questions relating to city or town affairs submitted at an election to the voters of the municipality shall be printed on one separate blue ballot and shall be prepared, printed, and distributed under the direction of the municipal clerk at the same time and in the same manner as other municipal ballots. The ballots, when voted, shall be deposited in a separate blue ballot box provided by the local authorities for each voting precinct. The ballots shall be canvassed, counted, and returned in the same manner as other municipal ballots. The returns shall provide appropriate blank spaces for the counting, canvassing, and returning of the results of the questions submitted on the blue ballot. https://www.revisor.mn.gov/statutes/?id=205.17 10/3/2012 205.17, 2011 Minnesota Statutes Page 2 of 2 Subd. 5. Statutory cities; vacancies. In statutory cities, the names of candidates to fill vacancies at a special election held as provided in section 412.02, subdivision 2a, shall be placed on the municipal primary and general election ballots. The names of candidates to fill a vacancy in the office of council member in a statutory city shall be listed under the separate heading "Special election for council member to fill vacancy in term expiring ," with the date of expiration of the term and any other information necessary to distinguish the office. Under the heading for the office of mayor in a special election shall be the words "To fill vacancy in term expiring Subd. 6. Form of ballot. The ballots for municipal elections must be prepared by the municipal clerk in the manner provided in the rules of the secretary of state. Subd. 7. Example ballot. No later than 30 days before absentee ballots must be prepared and delivered under section 204B.35 for use in a town general election conducted in March, the secretary of state shall supply each town clerk in a town conducting a March general election with a copy of an example ballot. The example ballot must illustrate the format required for the ballots used in the general election that year. History: 1959 c 675 art 6 s 17; 1973 c 387 s 2; 1976 c 2 s 79,80; 1976 c 44 s 12,13; 1976 c 224 s 4; 1981 c 29 art 7 s 13,38; 1981 c 172 s 2; 1983 c 62 s 7; 1983 c 253 s 21; 1986 c 444; 1994 c 646 s 14; 1997 c 18 s 1; 1997 c 147 s 44; 2000 c 467 s 28; 1Sp2001 c 10 art 18 s 36 https://www.revisor.mn.gov/statutes/?id=205.17 10/3/2012