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RELEVANT LINKS: <br />League of Minnesota Cities Information Memo: 5/15/2024 <br />City Special Elections Page 7 <br />A.G. Op. 185b-2 (May 3, <br />1967). <br />A.G. Op. 185b-2 (August 22, <br />1961). <br />See LMC information memo, <br />Public Purpose <br />Expenditures. <br />In addition, a city council has no authority to spend public funds on an <br />unauthorized special election. No matter how minimal the cost and even if <br />money to hold an unauthorized election is donated to the city, the attorney <br />general finds it is an invalid use of public funds. Neutral surveys sent out <br />by a city seeking feedback from city residents on generic topics such as <br />city services generally are not special elections. <br />A.G. Op. 63-A-11 (Aug. 26, <br />1965). <br />A.G. Op. 185b-2 (Jan. 19, <br />1956). <br />Likewise, charter cities may hold an election on a topic only if the charter <br />or statutory law specifically allows it. The attorney general repeatedly <br />finds that charter cities must find specific authority for a special election in <br />either the charter or statutory law. Best practice suggests charter cities <br />consult the city attorney for specific legal advice and interpretation of the <br />charter provisions relating to special elections. <br />Minn. Stat. § 412.221, subd. <br />33. <br /> <br /> <br />Secretary of State City Clerk <br />Election Guide. <br /> <br />There are two exceptions to the rule prohibiting advisory elections. First, a <br />statutory city council has authority to hold a special election on whether <br />the city should join a special district or similar independent governmental <br />body having taxing powers. This question may be submitted to city voters <br />at a general or special election, but the results are only advisory, not <br />binding on the council. Second, the Secretary of State’s Office considers a <br />vote to adopt a city charter an exception to the rule against advisory <br />elections. Note that state law specifically authorizes these advisory <br />elections. <br /> V. Types of ballot question elections <br /> In statutory cities, and in charter cities where the charter is silent on the <br />method, ballot question elections on authorized subjects occur in several <br />ways. <br /> A. Ballot question elections required by law <br />Appendix A: Special <br />elections on questions <br />required by law. <br />A number of subjects require a special election before the council finalizes <br />an action on a particular matter. The council proposes the action in a <br />question, a proposition, or an ordinance and voters either adopt or reject <br />the council’s action. <br />Minn. Stat. § 340A.504, <br />subd. 3(c). <br />Appendix A: Special <br />elections on questions <br />required by law. <br />One common example of a ballot question election required by law is the <br />sale of intoxicating liquor on Sundays. A city may issue licenses to sell <br />intoxicating liquor on Sundays only if the voters approve the council <br />action at a special election on that question. <br />15