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HomeMy WebLinkAbout10-20-1987 AgendaCITY OF COLUMBIA HEIGHTS 590 40tti Ave. N. E. --�-�-_,,CQJumoia Heights, MN 55421-3878 -�---�---(612) 788-9221 "SERVICE IS OUR BUSINESS" CHARTER COMMISSION REGULAR MEETING TUESDAY, OCTOBER 20, 1987 7:30 P.M. CITY HALL CONFERENCE ROOM AGENDA: 1)Call to Order 2)Introduction of New Members: Helen Ashford, Stephen Smith 3)Approval of Minutes of July 21, 1987 4)Old Business A)Committee Reports:1)Administration2)Finance3)Governmental B)Model Charter C)Other Old Business 5)New Business A)Election of 1988 Officers B)Selection of 1988 Meeting Dates C)New State Law on Elections -City Attorney Kalina D)Other New Business 6)Adjournment •••••••••••••• IF YOU ARE UNABLE TO ATTEND PLEASE CONTACT LINDA MAGEE AT CITY HALL, 788-9221 SA:bj Bruce G. Nawrocki, Mayor Rita M. Petkoff, Councilmember Russell D. Paulson, Councilmember Edward M. Carlson, Councilmember Gary L. Peterson, Councilmember EQUAL OPPORTUNITY EMPLOYER RONALD S. KALINA• JAMES H. WILLS* KALINA & WILLS, P.A. ATTORNEYS .AT LAW SUITE 102 SOUTH DAVID WEXLER GREGGORY J. WOODS CURTIS M. WISEMAN • ADMITTED IN 4111 CENTRAL AVENUE NORTHEAST COLUMBIA HEIGHTS-MPLS, MINNESOTA 55421 612-789-9000 MINNESOTA AND WISCONSIN Mr. Stuart w. Anderson Charter Commission Chairman City of Colurrbia Heights 590 40th Avenue N.E. Colurrbia Heights, MN 55 421 September 22, 1987 LEGAL ASSISTANTS: ARDEN Z. GREENBERG JOYCE VON VETI SEP 2 3 '87 RE: Amendment of the City Chart er to Conform wi th Recent Changes to State Election Laws Dear Mr. Anderson: This le tter is to ad vise you of recent changes to state election law statutes and how they may af fect the City Chart er. These changes in the election la ws affect only those elections held in 1989 and therea fter. Ef fective August 1, 1987, Minn. Stat. §205.065, subd. 3, was changed to the municipal primary to be held at a ti me designated by the g:>verning body in the ordinance or reso lution ad opting the primary system, but not la ter than six weeks before the general election. This la w will not af fect the City of Colurrbia Heights as long as the City Charter "provides the manner of holding its primary, general or special elections." Section 205.02, subd. 2. As you kn ow, §28a of the City Chart er provides that a primary municipal election shal l beheld 21 days before the regular municipal election. In my cpinion, theexistence of this la nguage in §28a satis fies the statutory la nguage at §205.02,subd. 2, and , therefore, allows the City to provide for a primary election datelater than six weeks before the general election date. However, §205.20,subd. 1, prevents a home ru le charter city from designating a date for themunicipal primary election le ss than 14 days before the uniform municipalelection date. Therefore, the charter provision as it now stands is not inconflict with Minnesota la w and no change is necessary. The new la ws also affect the dates between whic h the candidates must fi le their affidavits of candidac y. Minn. Stat. §205.13, subd. 1, ra:Juires a candidate to file with the municip al clerk an affidavit of candidac y not rore than ten nor less than eight weeks before the municipal primary. Dates earli er than the ten-to-eight-week ru le is p:,ssible provided that the city charter designates them. Presently, the City Charter provides that candidates shall file with the City Clerk at leas t 21 days prior to the primary election a statement of candidacy. Mr. Stuart w. Anderson Sep tember 22, 1987 Page Two Unlike the statute section for primary elections, the section for affida vit of candidacy fi ling dates is mandatory. Therefore, the City Char ter wil l be in direct conflict with the state statu te and must be changed before the 1989 election. The prior statu te pr ovided a fi ling date of eigh t to si x weeks or dif ferent dates if the charter so pr o vided. Section 205.02, subd. 2, was expressl y change d to eliminate the ability of the charter to override the statu te. In conclusi on, the only change to the City Charter that is necessar y for the elections of 1989 and thereaf ter is to amend §28a to al low candidates for of fice to file their af fida vits of ca ndidacy not irore than ten nor le ss than ei gh t weeks before the municipal pdmary. Earlier fi ling dates ar e p:rmissib le provided that the Charter so designates. Please cal l me if you have any questions. I have encl ose d photocopies of the relevant statutes for your convenience. Yours tr ul y,\·, KALINA & WILLS, P.A. ,; I, .... 1'_.� .. -� . ' ,. /?.c.-l....,.-' -�-·.-· Curtis M. Wiseman Assistan t City Attorney City of Col urrbia Heigh ts CMW/db Enclosures cc: Mr. Bruce G, Nawrocki, Mayor City of Col urrbia Heigh ts . ' . ·:�: ,· ····:=::: : ..... �-:· -=·:::. -.•. i. ....: ., .. · ' • .. 1 . \ ,,,. ";:'" • I .. ,._ :' � ....' §204D.28 Note 1 proce.as of aelect.ing partisan candidates in Min­ nesota. Johnaon v. Growe, 1980, 289 N.W.2d 490. PARTICULAR ELECl'IONS. CHAPTER 205. MUNICIPAL ELECTIONS Sedion 205.021 to 205.04. Repealed. 205.041. Repeal�. 205.065. Primary elections. 205.08 to 205.091. Repealed. 205.121. Nominating petitions; cities of fll'llt class; signatures. 205.01. Definitions Section 205.176. 206.185. 205.20. 206.84. Voting houn. Procedure. Uniform municipal election day. Wards in certain eities. Subdivision 1. The definitions in chapter 200 and in this section apply to this chapter.­ Subd. 2. "Municipal election" means an election held in any municipality at which th� r • voters of the municipality nominate or choose by ballot any public officials for the municipality or decide any public question relating to the municipality that ia lawfully; submitted to them. : A�ended by Laws 1981, c. 29, art. 7, § 6. 1981 Amendmenl Revised this section. For former text see main volume. 206.02. Statutes applicable Subdivision 1. Minnesota election law. Except as provided in this chapter the, provisions of the Minnesota election law apply to municipal elections, so far as practicable; Subd. 2. City elections. In all statutory and home rule charter cities, the primary, general and speeial elections held for choosing city officials and deciding public questioni, relating to the city shall be held as provi ded in this chapter, except that sections 205.02;- 205.065, subdivisions 2 to 7; 206.07 to 205.13 and 205.176 and 206.186 do not apply U).'_i city whose charter provides the manner of holding its primary, general or speelal elections. r;;'i_ • Amended by Laws 1983, c. 62, § 1. 1983 Amendment. Revised this section. For former text see the mam volume. Notes of Decisions In general ½ 1/i. In general The provisions of subd. 1 of § 203.06 relati ng to change of precinct boundaries would apply to a town and a village which were not separate for voting purposes but which had voted in a,epaialif:f: precincts. Op.Atty.Gen., l�E. Oct. 15, 1.Local regulation -,q If a city were to hold a municipal electi9_1\, the same time as the statewide general elec:i;i'IU!Ll,,,­ the city canvassing board should follow the; .... ; cedure specified by Chapter 205 relating to tions and the procedure specified in t 206.18 · performing its duties relating to the canvua :· the election. Op.Atty.Gen., 183-c, Nov. 15, l 206.021 to 205.04. Repealed by Laws 1983, c. 62, § 12 Section 205.021 related to statutes applicable in city elections. It was derived from Laws 1976, C. 44, § -6; LBWB 1978, C. 572, § 1. now, § 205.02. 118 M re· or' At an § 19 19 22 2'2 he ho th na dl fo 2( §sw is (( 21 in la t{ vi 3. t) fi 2 ti C f ... ,---: ·:· §§ 205,05, 205.06Repealed10.Ballot.a-Form and resulatlonIn view of the 1963 amendment of t 412.02, avillage election to fill the off10e of trustee for a short term and for a long term should be con­ducted by having the candidates run against each other with the candidate receiving the high­est number of votes being elected to the long term and the next candidate to the ahort term. Op.Atty.Gen., 471-L, Sept. 23, 1963. 11.--Penon1 enUtled to have namea onballota Where vacancies existed as of October 13, 1972, in the offices held by town supervisors and clerk, and the names of thoae selected at the September annual town primary election could not be place<l on the ballot and voted on at the November annual town election the town should not attempt to fill these offices at the annual election because of insufficient time for the town to properly conduct another primary election. Op.Atty.Gen., 440, Ocl 24, 1972. Where person gave his affidavit of candidacy to the town clerk before the filing period, and instructed him to file the affidavit and deposit the filing fee during the filing period, and ballot has been printed with the person's name, the person's name should only be stricken from the 205.065. Primary elections MUNICIPAL ELECTIONS i ballot pursuant to a court order. Op.Atty.Gen. 487A�, Feb. 28, 1963. SECTION 205.06 I �-s.Penon, eligible for election { Where vacancies in the position of town super· -; visor were to be filled at an election pursuant to t subdivision 2 of § 36'7.03, and no one had filed j for the position, the position should be placed on the regular ballot for purposes of write-in elec­tion, and in such a writ.e-in election for the office a one write-in vote would be sufficient. to elect. .. Op.Atty.Gen., 437a-6, Feb. 23, 1967. ; .\ 9.Canvau ., ) If a city were to hold a municipal election at the same time as the state-wide general election, the city canvassing board should follow the pro-� cedure specified by Chapter 205 relating to elec· ,; lions, and the procedure specified in § 206.18 in ,. perfonning its duties relating to lhe canvass of the election. Op.Atty.Gen., 183-c, No\". 15, 1962. ,: 12. Tie vote The application of the provisions of subd. 2 of this section in the event of a tie vote are manda-.' tory. Op.Atty.Gen., 472-a. Dec. 23, 1963. Subdivision 1. Cities of first class. A municipal primary for the purpose of nominat-, ing elective officers may be held in any city of the first class on the second or third � Tuesday in March of any year in which a municipal general. election is to be held for the � purpose of electing officers. If the majority of the governing body of a city of the first class adopted a resolution l after June 24, 1957 establishing the second or third Tuesday in March for holding its t municipal primary in any year in which its municipal general election is held, and if the � city clerk or other officer of the city charged with keeping the minutes and records of the governing body filed a certified copy of the resolution with the secretary of state and another certified copy of the resolution with the county recorder of the county in which the city is located, the time established by the resolution for holding the municipal ., primary is fixed, and the governing body of the city may not change the time unless the authority to make the change is conferred on the governing body by the legislature, or by an amendment to the charter of the city duly ratified and accepted by the eligible voters of the city, in accordance with the constitution of the state of Minnesota, article JV, section 36, and other applicable law. Subd. 2. Resolution or ordinance. The governing body of a city of the second, third, or fourth class or a town containing a statutory city may, by ordinance or resolution • adopted at least six weeks before the next municipal general election, elect to choose � nominees for municipal offices by a primary as provided in subcUvisions 2 to 7. The , resolution or ordinance, when adopted, is effective for all ensuing municipal elections until -� it is revoked. Subdivisions 2 to 7 do not apply to a city the charter of which specifically - prohibits or provides for a municipal primary. Subd. 3. Date. The municipal primary shall be held two weeks before the municipal .,, general election or at another time designated by the governing body in the ordinance or· 1, resolution adopting the primary system. The clerk shall give notice of the primary in the.;;, manner provided in section 205.16. ,'t, 120 ·_, ·:,• ..· ...... Ml pai wh inc na, ge: thE tht tw, ca1 thf sh: ele rec mu La, Crc ) Lil! 1. E ( l§2 20{ � he) yeE re� fin wh bie un1 yeE of im1 ne, to I ser vot evf ord she so sul )NS ities s as art. cials ; for 1less edal urns 1.1lar -able =ally elec- ecial eon­ .can­ :tion >.20. ring ent, hed­ tion for I of ons. :.. 7, :ieal . 2, the net .wo Y· , ... ·-.-.:.,:�.--:tfi"><:·· �-::·::·: ·:. _.· MUNICIPAL ELECTIONS a,,' •• ... §205.13 percent of the total number of individuals who voted in the municipality, ward, or other election district at the last preceding municipal general election, whichever is greater. Laws 1981, c. 29, art. 7, § 9. Library References Elections Pl44. C.J.S. Elections §§ 108, 135. 205.13. Candidates, filing Subdivision 1. Affidavit of candidacy. Not more than eight nor less than six weeks before the municipal primary, or before the municipal general election if there is no municipal primary, an individual who is eligible and desires to become a candidate for an ,· office to be voted for at the election shall file an affidavit of candidacy with the municipal ·clerk. The affidavit shall be in substantially the same form as that in section 204B.06,subdivision 1. The municipal clerk shall also accept an application signed by not leas thanfive voters and filed on behalf of an eligible voter in the municipality whom they desire tobe a candidate, if service of a copy of the application has been made on the candidate andproof of service is endorsed on the application being filed. Upon receipt of the properfiling fee, the clerk shall place the name of the candidate on the official ballot withoutpartisan designation. Subd. 2. Notice of filing dates. At least two weeks before the first day to file affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last dates on which affidavits of canclidacy may be filed in the clerk's office and the cloeing time for filing on.the last day for filing. The clerk shall post a similar·notice at least ten days before the first day to file affidavits of candidacy. Subd. 3. Filing fees. Unless the charter of a city provides the amount of the fee for filing an application or affidavit of candidacy for city office, the filing fee for a municipal office is as follows: (a)In first class cities, $20; (b)In second and third class cities, $5; and (c)In fourth class cities and towns, $2. Subd. 4. Petition In place or fees. A candidate for municipal office may file apetition in place of the filing fees specified in subdivision 3. The petition shall meet the requirements of section 204B.ll, subdivision 2. Subd. 5. Nominating petition; cities of the fint class. A nominating petition fliedon behalf of a candidate for municipal office in a city of the first class shall be signed by eligible voters who reside in the election district from which the candidate is to be elected. The number of signers shall be at least 500, or two percent of the total number of individuals who voted in the municipality, ward, or other election district at the last preceding municipal general election, whichever is greater. Subd. 6. Withdrawal. A candidate for a municipal elective office may withdraw from the election by filing an affidavjt of withdrawal with the municipal clerk by 12 o'clock noon of the day after the last day for filing affidavits of candidacy. Thereafter, no candidate may file an affidavit of withdrawal. Amended by Laws 1976, c. 44, § 8, elf. March 13, 1976; Laws 1978, c. 572, § 3, eff. March 24, 1978; Laws 1981, c. 29, art. 7, § 10; Laws 1983, c. 62, § 5; Laws 1985, c. 72, § 4. 1976 Amendment. Laws 976, c. 44, contained the stated p� indicating that the act would detennine which lawe formerly apP.Ucable to cities would be extended to fonner VIiiages (see section 410.015 for the full statement of pur- pose). Section 8 made numerous changes, for fonner text see the main volume. 1978 Amendment. Added the provisions of aubd. 2. 125 ,: .... : : . • .. -� .... . ····- §205.19 Repealed 205.19. Repealed by Laws 1983, c. 62, § 12 Notea of Decision• 1.In general Person who had been justice of the peace, butwho had flied for village clerk, and had been defeated, could yet be considered lee-ally elected to. the office of justice of the peace on the basis of write-in votes for that office which he re­ceived at the same election. Op.Atty.Gen., 472- P, Jan. 11, 1967. 2.Official ballot Where vacancies In the position of town super­visor were to be filled at an election pursuant to subdivision 2 of § 867 .03, and no one had filed for the position, the position should be placed on the regular ballot for purposes of write-in elec· tion, and in such a write-in election for the office a one write-in vote would be sufficient to elect. Op.Atty.Gen., 437a-6, Feb. 23, 1967. 205.20. Uniform municipal election day MUNJCIP AL ELECTIONS Form of ballot suggested by the attorney gen­ eral in Op.Atty.Gen., 484B-2, Feb. 1, 1963, for the township election of relating to the joint purchase of fire apparatus by various townships is as follows: "Should Township X pay $2,000 toward the purchase of' a new jointly owned fire truck, trading in the existing truck owned jointly with townships A, B and C, if the voters of townships A, B and C each approve the trade-in and payment of an equal amount at their annual town meetings?" S.ConBOlidatlon Canvass of election of new municipal officers for consolidated municipality held in accordance with § 414.09, should be conducted in conformity with the election laws of the consolidating city. Op.Atty.Gen., 484-g-l, April 30, 1971. Subdivision 1. EstablishmenL There is hereby established a uniform municipal election day for home rule charter cities. The uniform municipal election day shall be the first Tuesday after. the first Monday in November in odd-numbered years. Officials elected on that date shall take office on the first business day of January next succeeding their election for the term which is provided by law. The governing body of a home rule charter city may designate a date for the municipal primary which is not less than 14 days before the uniform municipal election day. Subd. 2. Adoption by city. Notwithstanding any provision of law or municipal charter to the contrary, and subject to the provisions of this section, the governing body of a home rule charter city may adopt by ordinance the uniform municipal election day as its municipal election day. Subd. 3. Modification of terms of office. If the uniform municipal election day is adopted, the terms of all incumbents who at the time of adoption of the ordinance hold offices filled by municipal election and whose terms end at a different date are extended to the first business day in January of the even numbered year first following the date the term would otherwise expire, unless this ex.tension would be longer than 13 months. If the extension would be longer than 13 months, the terms of those incumbents are shortened so as to end on the first business day in January of the even numbered year first preceding the date the term would otherwise expire. Notwithstanding any provision of law or municipal charter to the contrary, the governing body of a home rule charter city adopting the uniform municipal election day shall designate in the adopting ordinance a new term for each office to be filled where the term for the office at the time of the ordinance is an odd number of years. The new terms shall be for an even number of years and for no more than one year longer than the term in effect at the time of the adoption of the ordinance. At the time of any election, ._; .. ... .. ,. ··( .;,_• '':l � '• ' the governing body may also provide that one or more members of a multi-member body shall be elected for a shorter term than is otherwise provided, if and in the manner necessary to achieve staggered terms on the multi-member body so that, to the extent possible, an equal number of members is chosen at each election, exclusive of those -�:.chosen to fill vacancies for unexpired terms. 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