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 12 Minn. R. 8205.1050. Minn. R. 8205.1010. If the petition satisfies the form requirements and has been signed by the required number of qualified signatories during the applicable time period, the clerk must notify the person whose name is on the petition receipt that the petition is sufficient. Minn. R. 8205.1050. The clerk must complete the verification of a petition as soon as practicable, but no later than 10 working days after the day on which the petition was filed. In re Referendum to Amend City of Grand Rapids, Minnesota Mun. Elections Ordinance No. 04-08-11, No. 31-CV-05-3798 (Minn. Ct. App. July 18, 2006) (unpublished decision). Bogen v. Sheedy, 304 Minn. 62, 229 N.W.2d 19 (1975). Courts take notice of how difficult it is to prepare and to circulate petitions. Frequently citizens, not skilled in the technical aspects of the law, prepare such petitions. Courts typically exercise extreme caution in ruling petitions out on mere technicalities and view petitions as the result of democracy working at the grassroots level. Consider working with the city attorney on handling any petition irregularities. B. Petitions with no legal effect A.G. Op. 472-O (Jul. 31, 1959). Citizens have the right to petition the city council on any issue. Such petitions may have a political effect but unless a state statute or city charter authorizes the petition, it has no legal effect. In other words, the council does not have an obligation to act on the petition, but it may certainly discuss the issue. VII. Ballot question special elections held by mail Minn. Stat. § 204B.46. Minn. R. 8210.3000. Secretary of State Mail Voting Guide. A city may hold a ballot question special election by mail. (This is a slightly different process than holding a regular election by mail.) The only required location for a polling place in a ballot question special election held by mail is the office of the county auditor or city clerk. No offices may be voted on. Notice of the election must be given to the county auditor at least 74 days prior to the election. The special mail ballot procedures must be posted at least six weeks before the election. Minn. Stat. § 204B.46. Minn. R. 8210.3000. Secretary of State Mail Voting Guide. The city clerk must mail ballots by non-forwardable mail to all registered voters in the city no earlier than 46 days or later than 14 days before a special election on a question. Minn. Stat. Ch. 203B. No later than 14 days before the election, the clerk must make another mailing of ballots to those voters who registered to vote after the initial mailing, but before the 20th day before the election. Eligible voters who are not registered at the time the ballots are mailed may still apply for ballots in the same manner that one applies for an absentee ballot under Chapter 203B. 20