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RELEVANT LINKS: <br />League of Minnesota Cities Information Memo: 5/15/2024 <br />City Special Elections Page 5 <br /> C. Election administration <br />Handbook, Election <br />Procedures. <br />Secretary of State City Clerk <br />Election Guide. <br />A special election to fill a vacancy is administered in the same manner as a <br />general election. This means that the same notice requirements must be <br />followed. Similarly, filing for the office takes place in the same way for <br />both general and special elections. <br /> D. Taking office <br />Minn. Stat. § 204D.02, subd. <br />2. <br />A.G. Op. 471-M (Nov. 23, <br />1999). <br />Generally, the terms of elected city offices begin on the first Monday in <br />January following the election. However, in a special election to fill a <br />vacancy, the new council member is eligible to qualify and take office <br />upon receipt of an election certificate. <br /> IV. Special elections on ballot questions <br /> A. Authorized questions <br />Minn. Stat. § 205.10, subds. <br />1, 5. <br />Minn. Stat. § 205.02, subd. 2. <br /> <br />Minn. Stat. § 211A.01, subd. <br />2. <br />State law refers to “special elections on questions,” “public questions,” <br />and “ballot questions” when discussing citywide votes on questions voters <br />have legal authority to decide. A “ballot question" is a proposition placed <br />on the ballot to be voted on by the voters of one or more political <br />subdivisions but not by all the voters of the state. The secretary of state <br />uses the term “city question ballot” on the example ballot. This memo uses <br />the terms “ballot question election” and “special election on a question” to <br />refer to a local special election on a city-specific question. <br /> <br />A.G. Op. 484e-1 (Oct. 5, <br />2000). <br />All of these terms mean an election, or vote, on a city-specific issue. Even <br />though this election may coincide with a statewide election, it is a separate <br />or special election. One example of a ballot question is whether a city will <br />issue licenses allowing local restaurants to sell liquor with meals on <br />Sundays, sometimes called a “Sunday liquor” election. <br /> <br />Minn. Stat. § 205.10, subd. 1. <br /> <br /> <br /> <br />Samuels v. City of <br />Minneapolis, 964 N.W.2d <br />158 (Minn., 2021). <br />Most statutes giving local voters the power to vote on a ballot question <br />contain some additional information, from phrasing the question on the <br />ballot to the number of votes required to pass the ballot question. As to <br />phrasing, the Supreme Court noted judicial review is very deferential to <br />the legislative judgments regarding the word and form choices made in <br />fixing the language of a ballot question. <br />A.G. Op. 159a-3 (May 24, <br />1966). <br />A.G. Op. 476-B-2 (Apr. 29, <br />1954). <br />A.G. Op. 442-A-20 (Jul. 10, <br />1952). <br /> <br />Cities may spend a reasonable amount of money to educate voters on <br />relevant facts relating to the ballot question. In putting out materials to <br />educate the voters, the city cannot promote a certain outcome of the vote. <br />This is because cities generally cannot expend public funds to support or <br />oppose a ballot question. <br />13