01-27-2025 CC Agenda Packet - work session

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RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/15/2024 City Special Elections Page 6 LMC information memo, Public Purpose Expenditures. State auditor’s Statement of Position Expenditure of Public Funds on Ballot Issue Advocacy (April 2014). A.G. Op. (June 30, 2006) (informal letter opinion). However, there is a limited exception to this general rule where a state act or proposal could have a “direct and substantial effect” on the interests of a specific city. If the city is considering whether or not to spend public funds on promoting or opposing a ballot question, the city should seek specific legal advice from the city attorney. Minn. R. 8250.1810, subp. 10. See Section VIII: Ballots. Minn. Stat. § 205.10, subds. 1, 5. A ballot question must have a title and the city attorney must review that title to determine whether it accurately describes the question asked; the title cannot be used on the ballot until approved by the city attorney. A special election on a ballot question may be held at the same time as a general election or at any other time allowable by law. Secretary of State City Clerk Election Guide. See also, Handbook, Election Procedures. Minn. Stat. § 205.16, subd. 1. The notice of a special election (whether published or posted) must clearly state the question. As under general election law, the clerk must also publish a notice to voters at least two weeks before the election in the official newspaper, except that Fourth-Class cities may dispense with publication. The clerk must post a sample ballot in the clerk’s office at least ten days before the combined special and general election and in each polling place on election day. The city must follow all other requirements for the city general election. A.G. Op. 640 (Sept. 27, 1972). Minn. Stat. § 205.02, subd. 2. Minn. Stat. § 410.33. The law relating to ballot question elections generally applies to both statutory and charter cities. If charter provisions specifically provide for 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 of Minneapolis, 271 Minn. 249, 135 N.W.2d 438 (1965). Alexander v. City of Minneapolis, 267 Minn. 155, 125 N.W.2d 583 (1963). A.G. Op. 476-B-15 (Dec. 17, 1940). A.G. Op. 472-0 (Mar. 20, 1961). A.G. Op. 185b-2 (January 19, 1956). A.G. Op. 59a-32 (January 25, 2002). City of Birchwood Village v. Simes, 576 N.W.2d 458 (Minn. Ct. App. 1998). Village of Brooklyn Center v. Rippen, 255 Minn. 334, 96 N.W.2d 585 (1959). Voters and city councils often ask about holding an advisory election on controversial or politically sensitive decisions. Statutory cities can only exercise powers explicitly given or implied by the legislature. Without specific legislative authority, cities may not hold an advisory special election. Muehring v. School Dist. No. 31 of Stearns County, 224 Minn. 432, 28 N.W.2d 655 (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. 14