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3. LMC Memo on Special Elections
GOVERNING & MANAGING INFORMATION 001 City Special Elections LEAGUE OF MINNESOTA CITIES 18012 August 2010 The League of Minnesota Cities provides this publication as a general informational memo. It is not intended to provide legal advice and should not be used as a substitute for competent 145 UNWERs1TY AVE. WEST legal guidance. Readers should consult with an attorney for ST. PAUL, MN 55103-2044 advice concerning specific situations. PHONE: (651) 281-120D © 2008 League of Minnesota Cities TOLL FREE: (800) 925-1122 All rights reserved FAX: (651) 281-1299 WEB:. WWW.LMC.ORG I. Introduction....................................................................................................................................... 3 II. General election law applies............................................................................................................. 3 III. Filling Vacancies in Elective Offices............................................................................................ 5 A. Determining need.......................................................................................................................... 5 B. Timing...........................................................................................................................................6 C. Election administration................................................................................................................. 6 D. Taking office................................................................................................................................. 6 IV. Special elections on ballot questions............................................................................................ 7 A. Authorized questions.................................................................................................................... 7 B. Unauthorized elections on questions............................................................................................. 8 V. Types of ballot question elections..................................................................................................... 9 A. Ballot question elections required by law..................................................................................... 9 B. Ballot question elections called by council or by petition............................................................ 9 C. Optional ballot question elections...............................................................................................10 D. Reverse referenda or elections to revoke council action.............................................................10 E. Recall or removal from office.....................................................................................................10 VI. Petitions.......................................................................................................................................11 A. Form of petition.......................................................................................................................... I I B. Petitions with no legal effect.......................................................................................................13 VII. Ballot question special elections held by mail............................................................................14 VIII. Ballots.........................................................................................................................................15 A. Offices.........................................................................................................................................15 B. Questions.....................................................................................................................................17 C. Primary ballots............................................................................................................................18 IX. After the election.........................................................................................................................18 X. Conclusion......................................................................................................................................19 Appendix A: Special elections on questions required by law..................................................................... 20 Appendix B: Statutorily authorized special elections called by council or petition ................................... 22 Appendix C: Statutorily permitted special elections................................................................................... 25 Appendix D: Council action subject to reversal by voters.......................................................................... 26 2 LEAGUE OF MINNESOTA CITIES I. Introduction Special elections are held so local voters can weigh in on a city -specific issue. There are two basic special elections: Minn. Star. § 205.01, subd. 2. • An election to fill a vacancy in public office. Minn. Slat. § 200.02, subd. 4. • An election to decide a question relating to the city that is lawfully submitted to the local voters. Minn. Star. § 205.10. For simplicity, this document uses "special election" or "ballot question" to describe any city election held to fill a vacancy or on a city -specific question. Special elections may be held at the same time as the general city or state election. Alternatively, special elections may be held at other times as long as the city holding the election meets the timelines and posting requirements in state law. City councils cannot hold special elections on questions unless authorized to do so by state law. When a special election is held in conjunction with a regular election, it is still called a special election. In other words, a special election does not become part of the regular election just because it is held at the same time. For example, a special election to fill a vacancy has a special heading on the general election ballot that says "Special election for council member to fill vacancy in term expiring ........," Minn. R. 8250.0390, subp. 2. Best practice suggests, and on some election issues the law requires, that any city holding a special election on a city -specific issue consult the city attorney as far in advance as possible. II. General election law applies Secretary of State 20 10 City Cities must follow any requirements in the statute authorizing the special Clerk Election Guide. election. In addition, cities must follow general election procedures. For example, a city must ensure that all general election -related deadlines can be met before scheduling the election. For ballot question elections, consider both general election law and the specific statute authorizing the ballot question. This means notice, publication, and posting requirements for elections on Minn. Star. § 205.16, subd. 1. filling vacancies and ballot questions are the same as those for a general city Minn. Star. § 473.121, subd. 2. election. Special elections on questions must be preceded by two weeks' published notice. Ten days' posted notice is optional. Fourth-class cities (under 10,000 in population) in non -metropolitan cities (generally outside of the seven -county metro area) may choose to give 10 days' posted notice instead of publishing notice. Election judges who served at the last election may serve for the special election. CITY SPECIAL ELECTIONS Minn. Stat. § 205.16. When a special election is to be held at the same time as the general election, the notice of the general election and the special election may be included in the same notice. The notice should include wording to indicate that a special election will be held in conjunction with the regular election. In other words, the notice would state: the date of the election; voting hours; the locations of the polling places; the offices to be filled and the questions to be voted on in the regular election; and the offices to be filled and the questions to be voted on at the special election. 2010 Minn. Laws Ch. 201 § 65, The city clerk must provide written notice of an election to the county auditor amending Minn. Laws Ch. 184, § 29, amending Minn. Stat. § at least: 205.16, subd. 4. • Sixty-seven days before every city 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. • Seventy-four days before every municipal election held in connection with a regularly scheduled general election for federal, state, county, city, or school board office or a special election for federal office. • Fifty-three days before any other municipal election. The notice must include the date of the election, the offices to be voted on, and the title and language for each ballot question. Minn. Stat. § 205.10; 2010 A special election ordered by the governing body of the municipality on its Minn. Laws Ch. 201 § 65, amending Minn. Laws Ch.184, own motion may be canceled by motion. Written notice of the cancelled § 29, amending Minn. Stat. § special election must be provided to the county auditor at least: 205.16, subd. 4. • Sixty-seven 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. • Seventy-four days before a regularly scheduled general election for federal, state, county, city, or school board office or a special election for federal office. • Forty-six days before any other election. Minn. Stat. § 410.21. Where general election laws and charter provisions dealing with nominations, primary elections, and municipal office elections are inconsistent, the charter provisions control. In this case, general election laws apply only as far as they are consistent with the charter. 2010 Minn. Laws. Ch. 201, §§ The same ballot publication and posting requirements also apply. At least two 63, 64, amending Minn. star. § 205.16.16, subds. 2, 3. seeks before the election the clerk must publish a sample ballot in the city's official newspaper. (A fourth class city not in the metropolitan county may Minn. Stat. § 473.121 dispense with publication.) At least two weeks before the election, the clerk must also prepare a sample ballot and make them available for public inspection in the clerk's office. LEAGUE OF MINNESOTA CITIES III. Filling Vacancies in Elective Offices Minn. Star. § 412.02, subd. 2a. When a vacancy occurs in a statutory city council, the statutes provide that a Minn. Stat. § 205.10, subd. 2. vacancy "shall" be filled by appointment, generally indicating that the action Minn. Stat. § 645.44, subd. 16. is mandatory. The attorney general has held that it is mandatory to fill A.G. Op. 471-M (Oct. 18, vacancies in office. In certain situations, the city must hold a special election 1951). in addition to making an appointment. When a special election is necessary, the council must appoint a person to hold the vacant position until voters elect Handbook, Chapter 6. a candidate to serve in that position at the special election. Procedurally, the council should adopt a resolution that declares the vacancy. After considering Sample Resolution. interested and qualified residents, the council must appoint an eligible person to fill the vacancy. Where appropriate, the city council then calls for a special election. A. Determining need Minn. Star. § 412.02, subd. 2a. In deciding whether a special election is necessary in a statutory city, look at Handbook, Chapter 6, Section when the vacancy occurred and the amount of time left on the unexpired IF; section 1F. term. To determine if a special election is necessary, the city must answer the following two questions: • Did the vacancy occur before the first day to file affidavits of candidacy for the next regular city election? • Do more than two years remain in the unexpired term? Minn. Stat. § 412.02, subd. 2a. When the answer to both questions is "yes," a special election to fill the Handbook, Chapter 6, Section vacancy is necessary. If the answer to either or both of these questions is tE; Section 1F. "no," a special election is not necessary. Where no special election is necessary, the appointed person serves for the duration of the term. Minn. Star. § 205.02, subd. 2.; In a charter city, look to the charter to determine how a vacancy should be Minn. Star. § 205.10 filled. City charter provisions may govern how to fill the vacancy over A.G. Op. 63-A-11 (Dec. 20, 1966). A.G. Op. 63-A-11 general state lFle if hides that is filled g law. or example, a carter provides a vacancy (April 24, 1979). by appointing a replacement for the remainder of the term (regardless of Minn. Stat. § 205.02. when the vacancy occurs or how much time is left on the term), the charter provision overrides the requirement in state law that calls for a special election. Certain election law provisions do not apply to charter cities so charter cities should work with their city attorney on election issues. Minn. Stat. § 410.33; Minn. If the charter is silent on how to fill vacancies, the city may follow the same Stat. § 412.02, subd. 2a. process as statutory cities. Consult the city attorney for specific advice on how to fill a vacancy. CITY SPECIAL ELECTIONS B. Timing Minn. Stat. § 412.02, subd. 2a. A special election to fill a council vacancy may be held at or before the next regular city election. Many cities hold this type of special election at the same Sample Ordinance. time as the next regular city election. In order to hold a special election before the next regular city election, the council must adopt an ordinance that specifies under what circumstances it will hold a special election to fill a vacancy before the next regular city election. The city may choose to adopt an ordinance that addresses all future special elections on vacancies. An example of this would an ordinance that requires a special election every time a vacancy occurs within a specified period of time before the filing period for the next regular election. A different option would be to adopt an ordinance that addresses only one particular election; this type of ordinance would not apply to all future special elections. Minn. Stat. § 645.44, subd. 5. Generally, if an ordinance allows the city to hold a special election before the next regular city election, an election to fill a vacancy may be held on any day except a legal holiday. Minn. Stat. § 351.055. If it is certain that a vacancy will occur in the future and there must be a special election for the position, the city council may begin the process leading up to the special election so that a successor may be elected at the earliest possible time. For prospective vacancies that will occur as a result of A.G. Op. 471-M (June 6, a resignation, preparations for the special election may begin immediately 1958). after the written resignation is received by the council. Cities should not appoint a person to a vacancy before the vacancy exists. C. Election administration Handbook, Chapter 5. A special election to fill a vacancy is administered in the same manner as a Secretary of State 2010 City general election. This means that the same notice requirements must be Clerk Election Guide. followed. Similarly, filing for the office takes place in the same way for both general and special elections. D. Taking office Minn. Stat. § 204D.02, subd. 2. Generally, the terms of elected city offices begin on the first Monday in A.G. Op. 471-M (Nov. 23, January following the election. However, in a special election to fill a 1999). vacancy, the new council member is eligible to qualify and take office upon receipt of an election certificate. LEAGUE OF MINNESOTA CITIES IV. Special elections on ballot questions A. Authorized questions Minn. Stat. § 205.10, subds. 1, State law refers to "special elections on questions," "public questions," and 5. "ballot questions" when discussing citywide votes on questions voters have Minn. Star. § 205.02, subd. 2. legal authority to decide. A "ballot question" is a proposition placed on the Minn. Stat. § 21IA. 01, subd. 2. ballot to be voted on by the voters of one or more political subdivisions but not by all the voters of the state. The secretary of state uses the term "city question ballot" on the example ballot. This memo uses the terms "ballot question election" and "special election on a question" to refer to a local special election on a city -specific question. All of these terms mean an election, or vote, on a city -specific issue. Even A.G. Op. 484e-1 (Oct. 5, 2000). though this election may coincide with a statewide election, it is a separate or special election.. One example of a ballot question is whether a city will issue licenses allowing local restaurants to sell liquor with meals on Sundays, sometimes called a "Sunday liquor" election. Most statutes giving local voters the power to vote on a ballot question Minn. Stat. § 205.10, subd. 1. contain some additional information, from phrasing the question on the ballot to the number of votes required to pass the ballot question. A.G. Op.159a-3 (May 24, Cities may spend a reasonable amount of money to educate voters on relevant 29, 19 A.G. Op. p. 44 - (Apr. 29, 1954); A.G. Op. 442-A-20 facts relating to the ballot question. In putting out materials to educate the g q h g (Jul. 10, 1952). voters, the city cannot also promote a certain outcome of the vote. This is LMC information memo, because cities generally cannot expend public funds to support or oppose a Public Purpose Expenditures. ballot question. However, there is a limited exception to this general rule State auditor's Statement of where a state act or proposal could have a "direct and substantial effect" on Position Expenditure of Public Funds on Ballot Issue the interests of a specific city. If the city is considering whether or not to h tY• Y g Advocacy (July, 2008); A.G. spend public funds on promoting or opposing a ballot question, the city Op. (.Tune 30, 2006) (informal should seek specific legal advice from the city attorney. letter opinion). Minn. R. 8250.0390, subp. 2. A ballot question must have a title and the city attorney must review that title See section VTII: Ballots. to determine whether it accurately describes the question asked; the title Minn. Star. § 205.10, subd. 3. cannot be used on the ballot until approved by the city attorney. A special Minn. Star. § 645.44, subd. 5. election on a ballot question may be held at the same time as a general Minn. Stat. § 205.10, subds. 1, election or at any other time but no special election on a question may be held 5. within 40 days after the state general election or on a legal holiday Secretary of state 2010 City The notice of a special election (whether published or posted) must clearly Clerk Election Guide. see also, state the question. As under general election law, the clerk must also publish Handbook, Chapter 5. tl g � a sample ballot at least one week before the election in the official newspaper, except that Fourth Class cities may dispense with publication. The clerk must post a sample ballot in each polling place and in the clerk's office at least four days before the combined special and general election. The city must follow all other requirements for the city general election. CITY SPECIAL ELECTIONS A.G. Op. 640 (Sept. 27,1972). The law relating to ballot question elections generally applies to both Minn. Star. § 205.02, subd. 2. statutory and charter cities. If charter provisions specifically provide for Minn. Star. § 410.33. ballot question elections then, generally speaking, the city can hold the special election pursuant to the charter rather than state law. If the charter is silent on the issue, the city may apply statutory law governing special and general elections. Consult the city attorney for specific legal advice on charter interpretation. B. Unauthorized elections on questions Borgelt v. City ofMinneapolis, Voters and city councils often ask about holding an advisory election on N.er v. City 438 Minn. ; Alexander 438 (1965); Alexander v. City controversial or politically sensitive decisions facie a city. State law governs p Y g Y• of Minneapolis; 267 Minn.155, whether a city can hold a local election on a particular topic. For statutory 125 N.W.2d 583 (1963); City of cities, state law explicitly gives local voters the authority to vote on certain Birchwood Village v. Simes, 576 N.W.2d 458 (Minn. Ct. topics. Without specific legislative authority, city councils may not hold a App. 1998); Village of special election. In other words, the state legislature delegates certain powers Brooklyn Center v. Rippen, 255 to statutory cities; this delegation functions both as a grant of power and as a Minn. 334, 96 N.W.2d 585 (1959); A.G. Op. 476-B-15 restriction. Cities possess only those powers specifically given by the state (Dec. 17,1940); A.G. Op. 472- legislature or implied to carry out the delegated power. Generally speaking, 1(Mar. Ja uary 1 A.G. ); 185b-2 (January 19, 1956); without the legislative ant of specific authority a statutory city cannot act. g � I1 y �' �' A.G. Op. 59a-32 (January 25, 2002). Therefore, the state legislature decides if local voters possess the authority to vote on city -specific issues in statutory cities. The legislature gives city Muehring v. School Dist. No. councils the power to make decisions on most local issues but councils do not 31 of Stearns County, 224 have the power to re -delegate this decision -making authority to local voters. Minn. 432,28 N.W.2d 655 (Minn.1947). Minnesota courts have determined that a city council has no authority to pass their decision -making power to voters when the legislature delegates that power solely to city councils. A.G. Op. 185b-2 (May 3,1967) In addition, a city council has no authority to spend public funds on an A.G. op. 185h-2 (August 22, 1961). unauthorized special election. No matter how minimal the cost and even if p See LMC information memo, money to hold an unauthorized election is donated to the city, the attorney Public Purpose Expenditures. general finds it is an invalid use of public funds. Neutral surveys sent out by a city seeking feedback from city residents on generic topics such as city services generally are not special elections. A.G. Op. 63-A-11 (Aug. 26, Likewise, charter cities may hold an election on a topic only if the charter or 19, 19 A.G. Op. 185b-2 (Jan. 19,19s6). statutory laws specifically allows it. The attorney general repeatedly finds that r1' p Y Y g p Y charter cities must find specific authority for a special election in either the charter or statutory law. Best practice suggests charter cities consult the city attorney for specific legal advice and interpretation of the charter provisions relating to special elections. LEAGUE OF MINNESOTA CITIES Minn. Stat. § 412.221, subd. There are two exceptions to the rule prohibiting advisory elections. First, a 33. statutory city council has authority to hold a special election on whether the city should join a special district or similar independent governmental body having taxing powers. This question may be submitted to city voters at a Secretary of State 2010 City general or special election, but the results are only advisory, not binding on Clerk Election Guide. the council. Second, the Secretary of State's Office considers a vote to adopt a city charter an exception to the rule against advisory elections. Note that state law specifically authorizes both of these advisory elections. Most statutes giving local voters the power to vote on a ballot question Minn. Stat. § 205.10, subd. 1. contain some additional information, from phrasing the question on the ballot to the number of votes required to pass the ballot question. V. Types of ballot question elections In statutory cities, and in charter cities where the charter is silent on the method, ballot question elections on authorized subjects occur in a number of ways. A. Ballot question elections required by law Appendix A Special elections A number of subjects require a special election before the council finalizes an on questions required by law. action on a particular matter. The council proposes the action in a question, a proposition, or an ordinance and voters either adopt or reject the council's action. Minn. Stat. § 340A.504, subd. One common example of a ballot question election required by law is the sale 3(c). of intoxicating liquor on Sundays. A city may issue licenses to sell Appendix A Special elections intoxicating liquor on Sundays only if the voters approve the council action at on questions required by law. a special election on that question. Appendix B Statutorily authorized special elections called by council or subject to petition. Minn. Stat. § 205.10. A.G. Op. 476-13-15 (Dec. 17, 1940); A.G. Op. 472-0 (Mar. 20, 1961). Minn. R. ch. 8205; See Section IV: Petitions. CITY SPECIAL ELECTIONS B. Ballot question elections called by council or by petition On other topics, there are two ways that a special election may arise: • The council may pass, by a majority vote of a quorum, a motion calling for a special election on an authorized question. • The council must order a vote on a ballot question if it receives a sufficient petition. State rule governs petitions. Minn. star. § 205.10. A special election ordered by the city council on its own motion may be Minn. stat. § 205.16. cancelled by motion of the governing body. However, the council may not cancel a special election less than 46 days before the election. If the special election is cancelled, the clerk must provide written notice to the county auditor not less than 46 days before the election. C. Optional ballot question elections Minn. stat. § 413.02. A few statutes allow ballot question elections after receiving a petition but do Appendix C: statutorily not require them. Changing the name of a city is one example where the permitted special elections. council may submit a ballot question to local voters after receiving a petition but the statute does not require it. D. Reverse referenda or elections to revoke council action Appendix D: Council action In narrowly applicable situations, eligible voters may petition for a special subject to reversal by voters. election to reverse a particular council action. Referenda are votes of the electorate on a particular subject. Because voters petition for the chance to reverse a council action, this type of special election is commonly known as a reverse referendum. Section Iv: petitions. The particular statute allowing a petition to reverse the council governs these special elections. State rule governs the form of petitions. Typically, voters have only a certain number of days to submit a petition calling for a vote to reverse a previous council action. Reverse referenda are unusual; consult the city attorney for specific legal advice. E. Recall or removal from office Local voters often ask if the city can hold a vote to remove a particular local Section IV: Unauthorized official from office in a special election. As discussed previously, voters in elections on questions. statutory cities have only those powers delegated to them by the state Minn. stat. § 351.02 (5). legislature. Currently, voters in statutory cities have no authority to petition Minn. stat. § 410.20. for, or vote on, removing an elected official from the city council. In some Minn. Const. art. v11I, § 6; Jacobsen v. Nagel, 255 Minn. situations, councilmembers lose office by operation of law, for example if a 300, 96 N.W. 2d 569 (1959). person is convicted of a felony; but there is no authority to remove officers by a vote. Minn. stat. § 351.01. Charter cities may have limited authority in the charter to remove elected Minn. Const. art. will, § 5. officials. Recall elections in charter cities are limited by the Minnesota Minn. stat. § 410.20. Constitution. The charter may allow for a recall election to remove an elected State ex rel. Martin v. official due to malfeasance or nonfeasance in the performance of his or her Burnquist, 141 Minn. 308, 170 duties. To constitute malfeasance or nonfeasance the conduct must affect the N.W. 201 (Minn. 1918). 2 1 ( person's performance of official duties rather than conduct that affects their State Kinsella v. Eberhart,116 Minn. 313,133 personal character as a private individual. All of this is a fact specific N.W. 857 (Minn. 1911). determination so charter cities must consult the city attorney before seeking an election to recall or remove a city official from office. 10 LEAGUE OF MINNESOTA CITIES VI. Petitions In statutory cities, petitions submitted by voters requesting an election on a Minn. Stat. § 204s.071. legally authorized question must comply with state law and rule. State rules set by the Minnesota secretary of state govern the form, circulation, signing, Minn. Stat. § 205.10, subd. 2. filing and inspection of petitions. If a city charter specifically addresses petitions, the charter provisions may prevail over state law and rule. A. Form of petition Minn. R. ch. 8205 Minnesota state rules include detailed requirements regarding petitions. This section is only intended as a general overview of petitions, so be sure to consult the rules when working with a petition. Minn. R. 8205.1010. A petition must be prepared on paper no larger than 8-1/2 inches wide and 14 inches long. Each petition page must have both a short title describing the purpose of the petition and a statement summarizing the purpose of the petition. For petitions seeking to get a question on the ballot, each petition page may have a statement of 75 words or less summarizing the ballot question. Each petition page must include the following statement: "All Minn. R. 8205.1020 information on this petition is subject to public inspection." The language on the petition must be no smaller than 10-point type. Petitioners may circulate photocopies of a sample petition page. Minn. R. 8205.1010 Each petition page must have no more than 10 signature lines. The signature lines must be consecutively numbered. Each signature line must have space for the date of signature; a signature; the signatory's year of birth; printed first, middle, and last name; and residence address, municipality, and county. Minn. R. 8205.1010 Each petition page must have a signer's oath in no smaller than 12-point bold type. The signer's oath and the signature lines must be on the same side of the paper. If the form of the signer's oath is not specified by statute, the following oath must be used: "I swear (or affirm) that I know the contents and purpose of this petition and that I signed this petition only once and of my own free will." Minn. R. 8205.1010 Each petition page must include the following statement immediately above the signature lines: "All information must be filled in by person(s) signing the petition unless disability prevents the person(s) from doing so." 1. Filing a petition Minn. R. 8205.1040; Minn. The city clerk accepts petitions as the filing officer. State law defines the Stat. § 211A.01, subd. 7. "filing officer" as the officer authorized by law to accept affidavits of candidacy or nominating petitions for an office or the officer authorized by law to place a ballot question on the ballot. CITY SPECIAL ELECTIONS 11 Minn. R. 8205.1040 The person filing the petition must submit the entire petition at one time to the clerk. The petitioners may submit the petition by mail, messenger, or similar delivery service. Filing of a petition is effective upon receipt by the clerk. Petition pages must not be altered by anyone except the clerk for verification purposes after the petition has been filed. Minn. R. 8205.1040 The clerk must provide the person filing the petition with a receipt for the petition. The receipt must include the type of petition filed; the name, address, and telephone number of the person submitting the petition; the date on which the petition was filed; and the total number of pages in the petition submitted. 2. Number of signatures required on petition As used here, a "sufficient petition" means the required number of voters sign Minn. Stat. § 205.10 the petition. Typically, this is a percentage of voter's signatures from a previous election. Sometimes the specific statute authorizing a petition does not indicate what percentage of voter signatures a sufficient petition needs. The default in state law requires that the petition contain the signatures of a number of voters equal to 20 percent of the total number of people who voted Minn. Stat. § 645.26, subd.1. at the last city general election. However, a number of statutes authorizing petitions for special elections provide a different number of signatures needed for a valid petition. The more specific law prevails and acts as an exception to the general law. Practically speaking cities should consult the city attorney if a question arises regarding the number of signatures required on a petition. I Counting percentage of voters required for sufficient petitions Even where the specific state statute lists a particular percentage of voter signatures, state law provides guidance for tabulating that percentage. Minn. Stat. § 200.039. • If a statute requires that a specific number of people who voted in a previous election sign a petition then the statute must be read to mean that any currently eligible voter may sign the petition-- and their signature counts when tabulating the percentage of voter signatures required. • Thus, the statute must not be read to restrict eligibility to sign to only those individuals who were eligible to cast ballots or who actually did cast ballots in the previous election. 12 LEAGUE OF MINNESOTA CITIES 4. Sufficiency of petition Minn. R. 8205.1050. The clerk must inspect the form of the petition to determine if it complies with all form and filing requirements. The clerk need only determine Anderson v. City ofDuluth, 279 substantial compliance with regard to any type size on the form. The clerk Minn. 50,155 N.W.2d 281 (Minn. 1967); Williams v. must also inspect the petition to determine whether it has been signed by the Donovan, 253 Minn. 493, 92 required number of signatories and whether the signatories meet the N.W.2d 915, (Minn.1958). applicable eligibility requirements. The rule does not address how the clerk Minn. Star. § 201.091. verifies eligibility of the signatories but case law implies checking lists of Secretary of State Frequently registered voters and eligibility to vote. If the petition has not been signed by Asked Questions - Petition Signatures. the required number of qualified signatories, the clerk must notify the person who filed the petition: • That the petition has not been signed by the required number of signatories. • The number of additional signatures needed for a sufficient petition. Minn. R. 8205.1050 If the time for circulating the petition has not expired, the petitioners may collect additional signatures and submit them at one time to the clerk before the circulation period expires. Minn. R. 8205.1050; Minn. R. If the petition satisfies the form requirements and has been signed by the 8205.1010. required number of qualified signatories during the applicable time period, the clerk must notify the person whose name is on the petition receipt that the petition is sufficient. Minn. R. 8205.1050 The clerk must complete the verification of a petition as soon as practicable, but no later than 10 working days after the day on which the petition was filed. In re Referendum to Amend Courts take notice of how difficult it is to prepare and to circulate petitions. City of Grand Rapids, Minnesota Mun. Elections Frequently citizens, not skilled in the technical aspects of the law, prepare Ordinance No. 04-08-11, No. such petitions. Courts typically exercise extreme caution in ruling petitions 31-Cv-05-3798 (Minn. Ct. out on mere technicalities and view petitions as the result of democracy App. July 18, 2006) (unpublished decision). working at the grassroots level. Consider working with the city attorney on Bogen v. Sheedy, 304 Minn. 62, handling any petition irregularities. 229 N.W.2d 19 (Minn. 1975). B. Petitions with no legal effect A.G. Op. 472-0 (Jul. 31,1959). Citizens have the right to petition the city council on any issue. Such petitions may have a political effect but unless a state statute or city charter authorizes the petition, it has no legal effect. In other words, the council does not have an obligation to act on the petition, but it may certainly discuss the issue. CITY SPECIAL ELECTIONS 13 VII. Ballot question special elections held by mail 2010 Minn. Laws. Ch.194, § A city may hold a ballot question special election by mail. (This is a slightly 17 amending 20 amending Minn. Laws different process than holding a regular election b mail. The only required Ch. 180, § 4, amending Minn. ll g � Y � Y q Stat. § 20413.46. location for a polling place in a ballot question special election held by mail Minn. R. 8210.3000 is the office of the county auditor or city clerk. No offices may be voted on. Secretary of State 2010 Mail Notice of the election must be given to the county auditor at least 53 days Voting Guide. prior to the election. The special mail ballot procedures must be posted at least six weeks before the election. 2010 Minn. Laws. Ch.194, § The city clerk must mail ballots by nonforwardable mail to all registered 17.amending180,4, ame Minn. Laws Ch. 180, § 4, amending Minn. voters in the city no earlier than 30 days or later than 14 days before a special Y Y Y p Stat. § 20413.46. election on a question. No later than 14 days before the election, the clerk Minn. R. 8210.3000 must make another mailing of ballots to those voters who registered to vote Secretary of state 2010 Mail after the initial mailing, but before the 20th day before the election. Eligible Voting Guide. voters who are not registered at the time the ballots are mailed may still apply Minn. Stat. Ch. 203B for ballots in the same manner that one applies for an absentee ballot under Chapter 203B. 2010 Minn. Laws. Ch.194, § The clerk must appoint a ballot board. The board may consist of staff trained 17 amending Minn. Laws amending as electionjudges. es. Election ud es must be from different major political Ch. 180, § 4, amending Minn. � g � g � Stat. § 20413.46. parties unless the law provides otherwise. The ballot board examines the Minn. Stat. § 205.075, subd.4; return envelopes and marks them "accepted" or "rejected" within three days Minn. Stat. § 205A.10. of receipt if there are 14 or fewer days before the election, or within five days of receipt if there are more than 14 days before election day. 2010 Minn. Laws. Ch.194, § If the ballot is accepted, the clerk must mark the roster to indicate the voter 17 amending 2010 Minn. Laws Ch. 180, § 4, amending Minn. has cast a ballot in that election. After the close of business on the fourth day Star. § 204B.46. before the election, the accepted return envelopes may be open, duplicated as Minn. Stat. § 206.86 needed, initialed by the ballot board, and deposited in the ballot box. In all other respects, state election laws governing deposit and counting ballots applies. No vote totals may be made public before the close of voting on election day. 2010 Minn. Laws. Ch.194, § If an envelope has been rejected at least five days before the election, the 17 amending amen Minn. Laws Ch. 180, § 4, amending Minn. ballots in the envelope must remain sealed and the clerk must provide the Stat. § 20413.46. voter with a replacement ballot and return envelope. If the ballot is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or email to notify the voter that the voter's ballot has been rejected. The official must document the attempts to contact the voter. 14 LEAGUE OF MINNESOTA CITIES VIII. Ballots 2010 Minn. Laws. Ch. 201, § Cities must use optical scan ballots for all elections, even if the city will hand 25, Minn. star. § 204B.18B.18, subd. 1(b). count the ballots. Also, each precinct recinct must have at least one AutoMARKTM Help America vote Act, Public system, which allows voters with disabilities to vote independently. Law 107-252, 301(a)(3)(B) AutoMARKTM systems only read optical scan ballots. Because optical scan Minn. Stat. § 204B.36, subd. i. ballots must be used for the AutoMARKTM systems and because every voter Secretary of state 2010 City must use the same ballot, all cities must now use optical scan ballots for all Clerk Election Guide. elections. Secretary of State Sample General Election Ballot; Sample General Election Ballot Explanatory Notes. Minn. Stat. § 206.90, subd. 1. An optical scan voting system is an electronic voting system where the voter records votes by marking with a pencil or other device, including an electronic ballot marker, a ballot on which the names of candidates, office titles, party designation in a partisan primary or election, and a statement of any question accompanied by the words "Yes" and "No" are printed. Minn. Star. § 206.90, subd. 6. when using an optical scan voting system, all offices and questions appear on Minn. Stat. § 204B.36, subd.1. the same ballot. The ballot must be printed in black ink on white paper Minn. R. 8250.0300; Minn. R. except that marks not to be read by the automatic tabulating equipment 8250.1810. may be printed in another color ink. Ballots are no longer printed on blue or green paper. The paper used for ballots should be of sufficient weight to prevent the printing from being discernible from the back, as close as possible to thirty -pound paper. Secretary of state 2010 City Contact the county election official to coordinate ballot responsibilities. Clerk Election Guide. During state election years, the county auditor must coordinate city and township ballot preparation. The auditor provides specific instruction to cities as to ballot preparation. Minn. Stat. § 205.02, subd. 2.. There are certain election law provisions that may not apply to charter cities so charter cities should work with their city attorney on formatting the ballots. A. Offices Minn. Star. § 206.90, subd. 6. when more than one of the following offices is on the ballot, the offices must appear in this order: CITY SPECIAL ELECTIONS 15 • FEDERAL OFFICES. • STATE LEGISLATIVE OFFICES. • CONSTITUTIONAL AMENDMENTS. • COUNTY OFFICES AND QUESTIONS. • CITY OFFICES AND QUESTIONS. • TOWN OFFICES AND QUESTIONS. • SCHOOL DISTRICT OFFICES AND QUESTIONS. • SPECIAL DISTRICT OFFICES AND QUESTIONS. • JUDICIAL OFFICES. Minn. R. 8250.1810 The name or number of the appropriate municipality, school district, or special district may be added directly under the types of offices. Election rules further spell out how this section of the ballot must be designed, as well as the order of offices and questions under each general category. Minn. R. 8250.0385, subp. 2; When a special election is held in conjunction with a regular election, the Minn. R. 8250.1810 vacant offices must be listed with the offices of the same type but after any Minn. Stat. § 205.17, subd. 5. offices for which candidates will be elected for a full term. The names of the candidates to fill a vacancy in the office of a 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 shall be the words "To fill vacancy in term expiring ............." For charter cities, consult the charter to see if the charter provides the process for special election candidates to be placed on the ballot. If the charter is silent, the city may follow the provisions for statutory cities. Consult the city attorney for specific legal advice. Minn. R. 8250.1810 Under each of the offices listed above, one of the following instructions must be printed: • VOTE FOR ONE TEAM • VOTE FOR ONE • VOTE FOR UP TO ... (followed by the number of candidates to be elected). Handbook, Chapter 5, Section Below the instruction, the candidates' names should be listed. Below the 111 F Ballots. name of the last candidate for each office, there must be write-in lines equal Minn. Stat. § 20413.36, subd. 2. to the number of candidates to be elected for that office, allowing voters to Minn. Stat. § 206.90, subd. 6. write in the names of persons not on the ballot. The line for write-in votes Minn. R. 8250.0800. must contain the words "write-in, if any." If no one has filed for an office, only write-in lines appear below the title of that office in a number equal to the candidates to be elected for that office. 16 LEAGUE OF MINNESOTA CITIES B. Questions Minn. R. 8250.0390, subp. 2; Ballot questions appear after offices on an optical scan ballot. The heading Minn. R. 8250.1810 must read "CITY QUESTIONS" and be printed in uppercase letters. Below this caption, the instructions must read: "To vote for a question, fill in the oval next to the word "YES" for that question. To vote against a question, fill in the oval next to the word "NO" for that question." Depending on the type of ballot used, the instructions may instead read: "To vote for a question, complete the arrow next to the word `YES' on that question. To vote against a question, complete the arrow next to the word `NO' on that question." Minn. R. 8250.0390, subp. 2; When there is more than one question on the ballot, each question must be Minn. R. 8250.1810 designated by a number. Each question must be labeled "CITY QUESTION" followed by the number assigned to the question. Minn. R. 8250.0390, subp. 2; The city clerk or council must also provide a title for each question on the Minn. R. 8250.1810 ballot. The title must not contain more than 10 words. The city attorney must review the title to determine whether it accurately describes the question asked and the title cannot be used on the ballot until approved by the city attorney. The title must be printed in uppercase letters and must be printed above the question to which it refers. The body of the question must be printed in uppercase and lowercase letters. Minn. Stat. § 204B.36, subd. 3; A concise statement of the question must be printed on the ballot. The words Minn. Ra8250.18100, subd. 6; «yes" and "no" must be printed as close to their corresponding vote targets as possible. Be sure to check the statute that authorizes the ballot question to see if the statute specifies how the question must be asked. Minn. Stat. § 275.60. Any question submitted to the voters that authorizes issuing a general obligation bond, a property tax levy, or tax rate increase must include on the ballot the following notice, in bold type: `BY VOTING `YES' ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE." This statement is printed in addition to any other provisions that govern the contents of ballots questions. Where the question is about issuing debt obligations, the statement may be supplemented by a description of revenues pledged to payment of the obligations that are intended as the primary source of payment. Minn. Stat. § 275.61, subd. 1. Any ballot questions about a levy must state the maximum amount of the Minn. Stat. § 275.61. increased levy as a percentage of market value and the amount that will be raised by the new referendum tax rate in the first year it is to be levied. This does not apply to tax levies for the payment of debt obligations that are approved by the voters after June 30, 2008. CITY SPECIAL ELECTIONS 17 C. Primary ballots Minn. Star. § 200.02, subds. 3, Some cities hold primary elections for city offices. In a primary election, 5. voters choose the nominees for the offices to be filled at a general election. Handbook, chapter 5; Secretary of State 2010 City when a city with primaries holds a special election to fill a vacancy, a special Clerk Election Guide. primary may be necessary. Optical scan primary ballots are very similar to Secretary of state Sample general election optical scan ballots. Primary Ballot; Sample Primary Ballot Explanatory Notes. IX. After the election Handbook, Chapter 5. As with any election, a special election candidate may request a recount. Any Secretary of state 2010 City candidate or voter may also contest the special election. A recount or contest Clerk Election Guide. of a special election should be handled in the same manner as a regular election contest 2010 Minn. Laws. Ch. 201, § A discretionary recount may be conducted at city expense for a ballot 46, amending Minn. Stat. § 204C.36, subd. 3. question when the vote is close, meaning a difference between the votes for and the votes against the question is less than or equal to one-half of one percent of the total votes counted for that question or 10 votes or less when the number of votes cast on that question is 400 or less. 2010 Minn. Laws. Ch. 201, § The recount may be requested by any person eligible to vote on the ballot 46, amending Minn. star. § 204C.36, subd. 3. question and must be accompanied b petition signed b q P Y p g Y 25 voters also eligible to vote on the question. When the written request is received and the difference between the votes for and the votes against is less than that mentioned above, the city must recount the votes for the question at its own expense. If the difference is greater, the person requesting the recount must also file a bond, cash, or surety in an appropriate amount set by the council. The written request, petition, and any bond, cash, or surety must be filed during the time for notice of contest for the election for which the recount is requested. Handbook, Chapter 5. The same post -election steps and procedures that the city follows for general elections should also be followed after a special election. Minn. Star. § 204B.40. The city clerk must retain all special election materials returned to them after Handbook, Chapter 27; 2008 any election. State law and the records retention schedule require retention of on General Records Minnesota Cities Schedule for Minnesota Cities election materials for at least 22 months from the date of that election unless (city must adopt). otherwise ordered by a court order. If someone challenges the results of a special election in an election contest, all materials involved must be retained for 22 months or until the contest has been finally determined, whichever is later. Abstracts filed by canvassing boards must be permanently retained by the officer with whom the abstracts are filed. Sealed envelopes containing voted ballots must be retained unopened, unless law otherwise provides. The ballots must be stored in a secure location. The clerk must not permit any voted ballots to be tampered with or defaced. 18 LEAGUE OF MINNESOTA CITIES X. Conclusion Conducting elections is one of the most important responsibilities local officials have, particularly city clerks. Working through both state election law and the specific statute authorizing a special election provides cities guidance on how to hold special elections and hear directly from local voters on city special election issues. CITY SPECIAL ELECTIONS 19 Appendix A: Special elections on questions required by law Topic Statute Procedure Other information Issuance of general Minn. Stat. § When council resolves to issue Notice of election may contain one or more obligation bonds 475.57-.59. such bonds it must submit the ballot question for acquisition, (commonly called GO question to the voters at a general construction, or improvement of any bonds). or special election. If it fails, the facilities at one or more locations. Ballot question must not resubmit for question shall state maximum amount and 180 days. purpose of the proposed bond issue. May city with municipal Minn. Stat. § Special election required before Commonly known as "split liquor" liquor store issue licenses 340A.601, subd. city can issue certain on -sale election. (For sample ballot, see LMC to sell on -sale intoxicating 5. private licenses in cities with a information memo, Liquor Licensing and liquor to hotels, clubs and municipal liquor store. Regulation.) restaurants. License to sell Minn. Stat. § City may issue Sunday liquor See LMC information memo, Liquor intoxicating liquor on 340A.504, subd. license only if vote on question Licensing and Regulation. Sundays. 3(c). passes at general or municipal election. Imposition of local sales Minn. Stat. § Council adopts specific Question must be submitted to voters at tax permitted by special 297A.99, subd. 3. resolution on local sales tax. general or special election before tax is law. collected. Increase or decrease Minn. Star. § Council must submit question to Council adopts ordinance at least 60 days number of city council 412.02, subd. 6. voters to increase or reduced the before the next regular city election. members. number on council to 7 or 5 Ordinance must include a schedule of new members. elections and terms. Change effective if majority of those voting on the question are in favor of it. Combining cities. Minn. Stat. § During I' or 2°a year of Vote held according to general election 465.82; Minn. cooperation, special election must law, on same day in each city. May repeat Star. § 465.84. be held on combination. election once in following year if it fails. Charter election. Minn. Stat. § Notice of election must contain See statute for ballot question. Charter 410.10. complete charter; publish once a election must be held within 6 months of week for two successive weeks in delivery of draft charter to council. If no the official newspaper or legal general or city election, within 90 days of newspaper of general circulation. delivery of the draft charter. Construct, purchase or Minn. Stat. § Questions on the establishment of Law requires separate election for lease municipal gas, light 412.321, subd. 2. utility and bond questions may be manufacture of gas or generation of power, or heat utility. combined or separated. Election electricity unless voters approved both may apply to a particular utility generation or production and distribution service or group of services. within the last two years. Lease, sale of Minn. Stat. § Must submit ordinance or Approval requires 2/3 vote of those voting abandonment of 412.321, subd. 4. resolution to lease, sell or on the question. Election may apply to any municipal utility. abandon to voters at general or specific part of utility as described in municipal election. ordinance or resolution. City acquisition of a Minn. Stat. § Council resolution effective only Election must be held not less than 60 nor public utility. 216B.45-.46. if ratified by voters at a special more than 120 days after council election. resolution. 20 LEAGUE OF MINNESOTA CITIES Municipal utility in first Minn. Stat. § City of first class must submit Council must pass ordinance stating class cities. 452.11 - .12. question to voters before question or proposal. Vote must occur acquiring or constructing any within 30 days of ordinance passage. public utility. May submit question of certificates at same election. Municipal Minn. Stat. § Must submit question before Approval by majority of those voting telecommunications 237.19. purchase, acquisition or unless proposal is to construct a new services. construction. exchange where an exchange already exists, then 65% must approve. Additional tax levy Minn. Star. § Council shall provide for Notice of election must be given and must pursuant to this law. 275.73. submission of question on state purpose and maximum yearly amount additional levy at a general or of the additional levy. municipal election. Tax levy for municipal Minn. Star. § Must submit question on Ordinance or resolution referred to must airport. 360.037; ordinance or resolution to voters list amount of levy or bonds. unless bonds are authorized by a resolution of the city council adopted by a vote of not less than 60 percent of its members. Establishment of merit Minn. Star. § Any 2nd 3rd or 4d' class city must See statute. system. 44.02. submit a question to voters on an ordinance establishing a merit system. Amendment to merit Minn. Star. § No police or fire civil service See statute. system. 44.03. commission may, by ordinance, exclude a position unless 2/3 of voters so vote. CITY SPECIAL ELECTIONS Appendix B: Statutorily authorized special elections called by council or petition Note: 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 Chapter 205. Some of the provisions in Chapter 205 do not apply in charter cities if the charter specifically addresses them. Minn. Stat. 205.02, subd. 2. Topic Statute Procedure' Percentage of voters Other information required on petition Fate of municipal Minn. Stat. § Council motion or 5% of registered voters. Continue or discontinue special liquor liquor store with net 340A.602. upon sufficient store within 30 months of election, loss in any 2 of 3 petition council according to results. consecutive years. shall submit question to voters. Additional on -sale Minn. Stat. § Council decision 30% of voters in last city See statute for ballot question. Clerk liquor licenses above 340A.413, subd. to submit question election or 200 registered must certify results of a referendum statutory limit. 3(a). to voters. voters residing in the city within ten days of the election. whichever is less. Issuing intoxicating Minn. Stat. § Upon sufficient 30% of voters in last city See statute for ballot question. Clerk liquor licenses. 340A.416. petition, council election or 200 registered must certify results of a referendum must submit voters residing in the city within ten days of the election. question to voters. whichever is less. Abolition or transfer of Minn. Stat. § Council decision 15% of the electors voting at See statute for ballot questions. a statutory city utilities 412.391. or upon sufficient the last previous city election. commission. petition council must submit question to the voters. Adoption or Minn. Stat. § Council decision 15% of the electors voting at See statute for ballot questions. City abandonment of an 412.551. or upon sufficient the last previous city election. clerk must file certificate of election optional plan A or B petition council (including question submitted and vote form of government. must submit on question) with county auditor and question to the secretary of state. voters. 2 Authorization or Minn. Stat. § Upon sufficient 10% of voters from last See statute for ballot questions. revocation of a tax levy 449.10 —.13. petition, council general municipal election. for a municipal band, must submit orchestra or chorus. question to voters. Authority may be revoked by same process. ' Council may initiate many of these actions and act as prescribed by the various statutes citied. However, if a sufficient petition is submitted the council generally must put the question to voters on a separate ballot in a municipal election. 2 City must wait three years after adoption of plan A or B before submitting question to voters proposing abandonment of either plan. 22 LEAGUE OF MINNESOTA CITIES Dissolution of a city. Minn. Stat. § Voters petition of 1/3 of those voting in the last The ballots used at such election shall 412.091. Office of Strategic preceding city election. bear the printed words, "For Dissolution" and Long -Range and "Against Dissolution," with a square Planning (now the before each phrase in which the voter Chief may express a preference by a cross. See Administrative statute for additional procedures. Law Judge).3. If sufficient, director holds hearing orders election. Charter amendment. Minn. Star. § Charter 5% of the total votes cast at Many procedural requirements in the 410.12. commission the last previous state general law. See statute and Chapter 4 of the motion or upon election in the city. Handbook for Minnesota Cities. sufficient petition charter, commission must submit question on amendment. Abolition of police Minn. Stat. § Sufficient petition 25% of voters in last general See statute for ballot question. civil service 419.16 —.17. initiates election city election. Commission abolished only if two-thirds commission. on question to of votes cast in election are in favor of abolish. abolishment. Abolition of Minn. Stat. § Upon sufficient 25% of voters in last general See statute for ballot question. firefighter's civil 420.14 -.15. petition - unless city election. Commission abolished only if two-thirds service commission. commission has of votes cast in election are in favor of existed for 8 years abolishment. continuously. Abandonment of merit Minn. Stat. § Council may 25% of electors voting at the See statute for ballot question. Requires system. 44.16. initiate or upon last general municipal majority vote to abolish unless board sufficient petition, election. supplanted a police or firefighter's civil council must service commission — then two-thirds submit question to vote to abolish required. voters. City consolidation. Minn. Stat. § Council resolution A number equal to 5% of See statute for information petition must 414.041. of each affected resident voters who voted for include regarding the consolidation and city or upon governor at the last general names of parties entitled to mailed sufficient petition election. notice; Petitioners serve copies of the council must petition or resolution on all of the submit question to included municipalities. voters. Resolution to create a Minn. Star. § Council of each 10% of the number of voters See statute for ballot language. Petition hospital district. 447.31, subd. 3. city so resolves or voting at the last general must present text of proposed resolution upon sufficient election. and request an election. Special election petition council may be held at a regular municipal must hold special election that falls within the 30-day election within 30 period. days of petition filing. Separate assessment Minn. Stat. § Council motion or 25% of those voting at the Election judges present certificate of and election districts 412.081, subd. 2. upon sufficient last preceding city election. result to council. Clerk must file from town. petition council certificate with the county auditor and, if must submit vote to separate prevails, with the question to voters. secretary of state. Separation takes effect 30 days from date of election. 3 In 2003, Reorganization Order No. 188, transferred all functions of the Director of the Office of Strategic and Long Range Planning pertaining to municipal boundary adjustments, to the Department of Administration. In 2005, Department of Administration Reorganization Order No. 192, transferred all functions to the Commissioner of Administration to the Office of Administrative Hearings. The Chief Administrative Law Judge is the ultimate decision -maker in boundary adjustment proceedings. CITY SPECIAL ELECTIONS 23 Discharging a charter Minn. Star. § Petition requesting At least 5 % of the registered Commission is discharged if a majority commission. 410.05, subd. 5. a referendum to voters in the city. of the votes cast discharge the support the referendum. charter Another charter commission may not be commission is filed with city formed sooner than one year from the clerk. date of discharge. Establishing public Minn. Star. § Upon sufficient Not less than 5 % of the If a majority of the votes cast on the library service 134.08, subd. ] . petition, council number of persons who question are in the affirmative, the (alternative to Minn. must submit voted at the last general governing body shall establish the Star. 134.07). question of election in the city or library or shall provide public library establishment or county. service and levy an annual tax for its provision of public support. library services to the voters at the next general election. Discontinuing public Minn. Star. § Upon sufficient Not less than 5 % of the Only applies if the public library service library service. 134.08, subd. 2. petition, the number of persons who was established under Minnesota Statute question of voted at the last general § 134.08, subd. 1. discontinuance of election in the public library city or county. If a majority of the votes cast on the service shall be question are in the affirmative, the placed on the library service is discontinued. ballot at the next general election. Starting mosquito Minn. Star. Upon sufficient 5% or 250 property owners Ballot must read ""Shall the abatement program. § 18G.14, subd. 3. petition, council whichever is less. (governmental unit) of ....... engage in must hold public mosquito abatement?' If a majority votes hearing. If council in favor, the council must take does not adopt appropriate mosquito abatement actions resolution to start as soon as possible. If the proposal is program within 15 rejected, the question must not be days, council must resubmitted to voters for 2 years. order a vote to be taken at next regular election. Discontinuing Minn. Star. Upon sufficient 5% or 250 property owners The ballot must read "Shall the mosquito abatement § 18G.14, subd. 4, petition, council whichever is less. (governmental unit) of ....... discontinue program that began 5 must hold public mosquito abatement?" If a majority votes after election. hearing. If council in favor, the council must take does not adopt appropriate actions to discontinue resolution to mosquito abatement as soon as possible. discontinue If the proposal is rejected, the question program within 15 must not be resubmitted to voters for 2 days, the council years. must order a vote to be taken at next regular election. 24 LEAGUE OF MINNESOTA CITIES Appendix C: Statutorily permitted special elections Topic Cite Procedure Other information Special (local) laws.° Minn. Stat. § Council may submit to voters City must file certificate with secretary of 645.021, subd. 2. question on adopting special state before first day of next regular law. legislative session. Certificate must state facts necessary to validate approval, including a copy of the resolution or if submitted to the voters, votes for and against. Changing city name. Minn. Stat. § When 20% of voters petition for City may by ordinance change the name if 413.02. name change, council may majority vote in favor of changing city submit question to voters at name. Applies to charter and statutory general or special election. cities. Funding community Minn. Stat. § Council may submit question to Held at a general or municipal election. hospital from municipal 447.045. voters on contributing from city liquor funds. liquor store funds toward acquisition, construction, improvement, maintenance and operation of community hospital. Divert public works Minn. Stat. § Council may submit question to Must state how funds will be used. reserve fund. 471.57, subd. 3. divert funds for other purpose. 4 See INFORMATION BRIEF: Minnesota House of Representatives Research Department, Special Legislation. CITY SPECIAL ELECTIONS 25 Appendix D: Council action subject to reversal by voters Action Cite Procedure Percentage of Other information voters required on petition Council adopts ordinance Minn. Star. § 412.021, Voters must submit 10% of the number of Held at general or special increasing initial council subd. 5. petition within 10 days of voters at the election. salaries. ordinance publication. incorporation election. If councils of 2 or more Minn. Stat. § 414.041, Special election required Number equal to 10% Petition must be submitted cities resolve to subd. 6. where councils of of voters who voted within 90 days of vote to consolidate. combining cities approve for governor at the consolidate or date of final consolidation but voters last general election. order, whichever is later. petition to vote on the action. Council adopts charter Minn. Stat. § 410.12, Petition submitted within At least 5 % of the If the city has a system of amendment by ordinance. subd. 7. 60 days of passage and registered voters in permanent registration of Minn. Stat. § 410.12 publication of ordinance. the city or 2,000, voters, only registered whichever is less. voters are eligible to sign the petition. Council adopts ordinance Minn. Star. § 205.07, Within 180 days after 10% of total number Special election must be to change year of city subd. 3. passage and publication of of votes cast at the held within 60 days. election. ordinance, petition last municipal general requesting a referendum on election. the ordinance may be filed with city clerk. Council action to buy real Minn. Stat. § 412.221, Special election must be Number equal to 10% property where contract subd. 2. held if, after publication of of the number of price on certain contracts council resolution to voters at the last exceeds 0.24177 percent purchase property by such regular city election. of the market value of the contract, voters petition for city. an election the action. If council resolves to issue Minn. Stat. § 412.301. Special election must be A number of voters A majority of the voters certificates of indebtedness held if, after publication of equal to 10% of those must approve a question on in an amount that exceeds council resolution to issue voting at the last issuance of such certificates 0.25 percent of the market such certificates, voters regular municipal at a regular or municipal value of taxable property petition for an election on election. election. in the city. the action. If a city council passes, a Minn. Star. § 475.58, Special election must be 10 voters must submit City shall issue no such resolution to issue bonds subd. 2. held if, after publication of petition for an bonds unless a majority of to fund or refund bonds council resolution to issue election on issuing the the electors approve the where the outstanding such bonds, voters petition bonds within ten days action. gross debt as defined in for an election on the after the second law exceeds 1.62% of its action. publication of the market value. resolution. If a city council passes a Minn. Star. § 475.58, City may issue bonds only 5% of votes cast in Petition must be filed with resolution to issue bonds subd. 3b. after successful vote on the last general city city clerk within 30 days of for street reconstruction. question to issue same. election. public hearing. City council passes a Minn. Stat. § 469.053, Law requires specific 5% of voters in the Commissioner of revenue resolution -increasing levy subd. 5. published notice, public last general election. prepares suggested form of for port authority over hearing and 2"dpublished question. Referendum must statutory amount of notice. Petition for election occur at municipal or 0.01813% of taxable must come within 30 days general election before Oct. market value. of 2"d notice. 1 of applicable tax year. 26 LEAGUE OF MINNESOTA CITIES City council passes a Minn. Star. § 469.107, Law requires specific 5% of voters in the Notice of election must resolution -increasing levy subd. 2. published notice, public last general election. state the purpose and for economic development hearing and 2"d published amount of the levy. The over statutory amount of notice. Petition for election election must be held at a 0.01813% of taxable must come within 30 days general or municipal market value. of 2"d notice. election. Any two or more cities and Minn. Stat. § 447.31. Resolution takes effect in 5% of the number of towns pass resolution by 40 days unless, in that voters voting at the 2/3 vote of council time, a petition for a last election of members to create a referendum is filed with officers. hospital district.5 the city. City council votes to Minn. Star. § 471.572, Resolution or ordinance A number of qualified Vote held at regular or establish, by a two-thirds subd. 2. takes effect unless, within voters greater than municipal election. See vote of all its members, by 10 days, a petition for an 10% of the number statute for publication and ordinance or resolution an election is filed with the who voted in the city notice requirements. infrastructure replacement clerk. at the last general reserve fund and may levy election. for such fund. 5 Except a city of the first class. See Minn. Stat. § 4447,31, subd. 1. CITY SPECIAL ELECTIONS 27