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RELEVANT LINKS: <br />League of Minnesota Cities Information Memo: 5/15/2024 <br />City Special Elections Page 11 <br /> However, a number of statutes authorizing petitions for special elections <br />provide a different number of signatures needed for a sufficient petition. <br /> The more specific law prevails and acts as an exception to the general law. <br />Practically speaking cities should consult the city attorney if a question <br />arises regarding the number of signatures required on a petition. <br /> 3. Counting percentage of voters required for <br />sufficient petitions <br /> Even where the specific state statute lists a particular percentage of voter <br />signatures, state law provides guidance for tabulating that percentage: <br />Minn. Stat. § 200.039. • If a statute requires that a specific number of people who voted in a <br />previous election sign a petition, then the statute must be read to mean <br />that any currently eligible voter may sign the petition-- and their <br />signature counts when tabulating the percentage of voter signatures <br />required. <br />• Thus, the statute must not be read to restrict eligibility to only those <br />individuals who were eligible to cast ballots or who actually did cast <br />ballots in the previous election. <br /> 4. Sufficiency of petition <br />Minn. R. 8205.1050. <br /> <br />Anderson v. City of Duluth, <br />279 Minn. 50, 155 N.W.2d <br />281 (1967). <br />Williams v. Donovan, 253 <br />Minn. 493, 92 N.W.2d 915, <br />(1958). <br />Minn. Stat. § 201.091. <br />Secretary of State Frequently <br />Asked Questions - Petition <br />Signatures. <br /> <br />Butler v. City of St. Paul, 923 <br />N.W.2d 478 (Minn. 2019). <br />The clerk must inspect the form of the petition to determine if it complies <br />with all form and filing requirements. The clerk need only determine <br />substantial compliance with regard to any type size on the form. The clerk <br />must also inspect the petition to determine whether it has been signed by <br />the required number of signatories and whether the signatories meet the <br />applicable eligibility requirements. The rule does not address how the <br />clerk verifies eligibility of the signatories, but case law states that <br />eligibility to sign the petition may be restricted to registered voters in the <br />Statewide Voter Registration System whose address in the SVRS is <br />located within the city to which the petition is filed. Cities may rely on the <br />SVRS to determine whether to reject signatures on a petition of those who <br />are registered to vote but are at an address outside of the city in the SVRS. <br /> If the petition has not been signed by the required number of qualified <br />signatories, the clerk must notify the person who filed the petition: <br /> • That the petition has not been signed by the required number of <br />signatories. <br />• The number of additional signatures needed for a sufficient petition. <br />Minn. R. 8205.1050. If the time for circulating the petition has not expired, the petitioners may <br />collect additional signatures and submit them at one time to the clerk <br />before the circulation period expires. <br />19