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RELEVANT LINKS: <br />League of Minnesota Cities Information Memo: 5/15/2024 <br />City Special Elections Page 9 <br />Jacobsen v. Nagel, 255 <br />Minn. 300, 96 N.W. 2d 569 <br />(1959). <br />Currently, voters in statutory cities have no authority to petition for, or <br />vote on, removing an elected official from the city council. In some <br />situations, councilmembers lose office by operation of law, for example if <br />a person is convicted of a felony; but there is no authority to remove <br />officers by a vote. <br />Minn. Stat. § 351.01. <br />Minn. Const. art. VIII, § 5. <br />Minn. Stat. § 410.20. <br />State ex rel. Martin v. <br />Burnquist, 141 Minn. 308, <br />170 N.W. 201 (1918). <br />State ex rel. Kinsella v. <br />Eberhart, 116 Minn. 313, <br />133 N.W. 857 (1911). <br />Charter cities may have limited authority in the charter to remove elected <br />officials. Recall elections in charter cities are limited by the Minnesota <br />Constitution. The charter may allow for a recall election to remove an <br />elected official due to malfeasance or nonfeasance in the performance of <br />his or her duties. To constitute malfeasance or nonfeasance the conduct <br />must affect the person’s performance of official duties rather than their <br />personal character as a private individual. <br /> All of this is a fact specific determination, so charter cities must consult <br />the city attorney before seeking an election to recall or remove a city <br />official from office. <br /> VI. Petitions <br /> <br />Minn. Stat. § 204B.071. <br /> <br />Minn. Stat. § 205.10. <br /> <br /> <br />In statutory cities, petitions submitted by voters requesting an election on a <br />legally authorized question must comply with state law and rules. State <br />rules set by the Minnesota secretary of state govern the form, circulation, <br />signing, filing and inspection of petitions. If a city charter specifically <br />addresses petitions, the charter provisions may prevail over state law and <br />rules. <br /> A. Form of petition <br />Minn. R. Ch. 8205. Minnesota state rules include detailed requirements regarding petitions. <br />This section is only intended as a general overview of petitions, so be sure <br />to consult the rules when working with a petition. <br />Minn. R. 8205.1010. <br /> <br />Minn. Stat. § 204B.071. <br /> <br />A petition must be prepared on paper no larger than 8-1/2 inches wide and <br />14 inches long. However, a petition must not be rejected solely because it <br />is on paper that is smaller than 8-1/2x14. <br />Each petition page must have both a short title describing the purpose of <br />the petition and a statement summarizing the purpose of the petition. <br />Minn. R. 8205.1020. For petitions seeking to get a question on the ballot, each petition page <br />may have a statement of 75 words or less summarizing the ballot question. <br />Each petition page must include the following statement: “All information <br />on this petition is subject to public inspection.” The language on the <br />petition must be no smaller than 10-point type. Petitioners may circulate <br />photocopies of a sample petition page. <br />17