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HomeMy WebLinkAbout05-06-2024 City Council Work Session Packet CITY COUNCIL WORK SESSION Mayor Amáda Márquez Simula Councilmembers Connie Buesgens Kt Jacobs Rachel James Justice Spriggs Interim City Manager Kevin Hansen City Hall—Shared Vision Room, 3989 Central Ave NE Monday, May 06, 2024 5:30 PM AMENDED AGENDA *AGENDA AMENDED ON 5/3/24 TO ADD ITEM 9 ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wish to attend may do so in -person, or by using Microsoft Teams at columbiaheightsmn.gov/joinameeting: ID 278 254 427 462 and passcode pfepBS. Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is made at least 72 hours in advance. Please contact Administration at 763-706-3610 to make arrangements. CALL TO ORDER/ROLL CALL WORK SESSION ITEMS 1. 8.106 - Chickens. (25 Minutes) 2. Liquor Store 3 Redesign. (30 Minutes) 3. Status of Youth Commission. (15 Minutes) 4. Community Survey Questions for Murzyn Hall. (20 Minutes) 5. Bituminous Paving of Two City Lots. (10 Minutes) 6. Polling Place Locations. (10 Minutes) 7. Council Corner. (10 Minutes) Updates from council regarding schedules, information sharing and priorities for continued education. Proposed Resolution Urging the Department of Homeland Security to Grant Ecuador Temporary Protected Status (TPS). 8. Old Business. (5 Minutes) Follow up from Interim City Manager on items needing further resolution from the April Work Session. 9. Potential Executive Session: Discussion of Labor Negotiation Strategies for City Manager Contract. Closed per Minn. Stat. 13D.03. ADJOURNMENT 1 ITEM: 8.106 - Chickens DEPARTMENT: Community Development BY/DATE: Andrew Boucher, City Planner May 6, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) X Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community _Strong Infrastructure and Public Services X Sustainable BACKGROUND: The City of Columbia Heights has fielded calls or inquiries regarding City restrictions on the raising of chickens going back to 2012. The Zoning Code and Municipal Code do not specifically address this issue and the City Attorney’s interpretation of the existing code is that chickens are livestock and can be placed in the same category as cows, horses, sheep, pigs, etc. These animals are allowed only in agriculturally zoned properties, and since Columbia Heights does not have any agriculturally zoned property, then they (including chickens) would not be allowed unless the existing ordinances were modified. The City’s 2040 Comprehensive Plan identifies healthy food access and community resilience as an Emerging Topic. One of the key land use goals identified in the 2040 Comprehensive Plan includes increasing access to affordable healthy food options through establishing and maintaining community food assets to bring food closer to under-resourced consumers. By including food, equity and health-related policy and systems changes in city codes, communities in Minnesota can establish:  Affordable, safe, and reliable transportation to food sources.  Support for local, small-sized food enterprises.  Zoning that supports healthy food infrastructure.  Access to and preservation of land for food production.  Development of community food assets (community gardens, pollinator-habitats, local chickens). SUMMARY OF CURRENT STATUS: At the time, staff felt it was necessary to amend the existing ordinances to clarify whether chickens should or shouldn’t be allowed in residential zones, but there was no follow -up action taken, so the ordinance currently does not allow for the raising of chickens. A Minnesota court has found that, unless specifically included in the definition, chickens and roosters do not fall under the regulation of ordinances that reference livestock. I f the city would like to include chickens in this category, it may do so by defining the term to include chickens, poultry, fowl, or other similar descriptions. Urban chicken ordinances were examined by peer-reviewing other cities such as Fridley, New Hope, Shakopee, St. Anthony’s Village and Minneapolis for key components. Additionally, staff have consulted with the League CITY COUNCIL WORK SESSION MEETING AGENDA SECTION WORK SESSION ITEM MEETING DATE MAY 6, 2024 2 Item 1. City of Columbia Heights - Council Letter Page 2 of Minnesota Cities and the University of Minnesota Extension program for their guidance on what a model ordinance should include. Small-scale keeping of chickens is different than a business that raises hens for eggs and meat as those businesses are regulated differently than residents who want to keep a few chickens in their backyards. There are no state laws that address urban chickens or keeping of chickens in cities, so it is up to the city council to decide if it wants to regulate the keeping of chickens. The city may choose to allow, allow if a permit is obtained from the city, or prohibit urban chickens. The city can do this in a number of ways, including regulation under the general animal or farm animal ordinance or by passing an ordinance specific to keeping chickens. If the city chooses to regulate the keeping of urban chickens, some common requirements include;  Licensing and education requirements.  Allowing only hens (no roosters).  Limiting the number of hens allowed.  Maintaining coops or runs in a sanitary and humane condition.  Keeping chickens contained or under control at all times.  Locating coops a certain distance from property lines and other structures like houses.  Inclusion of an inspection and property maintenance code compliance. The University of Minnesota’s Extension program also identifies additional information that would be beneficial in the consideration of a proposed ordinance to ensure that chickens are properly cared for in a healthy, clean environment. An enclosed, quality coop must provide protection from the weather and predators and should include;  A well-insulated area with a light bulb or heat lamp for the winter months as well as ventilation for fresh air.  Each bird should have a minimum of 3-5 sq. ft. including outdoor space.  Ensure that the coop is free of small holes, woodpiles, or equipment as they attract predators.  Chickens need to be fed and water changed daily as well as being let out of the coop each morning and put into the coop at dusk with eggs picked up twice a day.  A sanitation plan shall be prepared showing how the food will be secured and the coop and pen will be cleaned out weekly to maintain sanitation and odor control. STAFF RECOMMENDATION: Staff recommends that the City Council direct staff on whether to pursue an urban chicken ordinance and consider providing feedback on the following items: licensure, permitting, and education requirements; location and size of coop/run; development conditions, and inspection/compliance requirements. ATTACHMENT(S): Animal Regulation in Cities – League of Minnesota Cities LMC and University of Minnesota Extension Guidance Fridley Chicken Ordinance New Hope Chicken Ordinance Shakopee Chicken Ordinance St. Anthony’s Village Chicken Ordinance Minneapolis Chicken Ordinance 3 Item 1. RELEVANT LINKS: League of Minnesota Cities Information Memo: 12/12/2022 Animal Regulation in Cities Page 32 Minn. Stat. 609.833, subd.4. “Service Animals,” Minnesota Council on Disability. Second and subsequent violations are a misdemeanor. A sign may be posted in places of public accommodation advising the pubic of this law. C. Farm animals Farm animals generally include animals that live on farms, such as cattle, sheep, goats, pigs, and horses. A city can define “farm animals” in its ordinance to include whatever animals it wishes. Section III-A, Minnesota Pet and Companion Animal Welfare Act. In addition to the Animal Welfare Act requirements, cities take different approaches in how they regulate farm animals in their communities. Some cities will only allow farm animals in certain zoning districts, such as land zoned for agricultural uses. Other cities allow some farm animals anywhere in the city as long as the requirements in the ordinances are met, such as having a lot over a specified size. It is important to be clear what animals the ordinance covers and to provide clear definitions. 1. Farm animals at large Minn. Stat. § 346.16. Stewart v. Frisch, 381 N.W.2d 1 (Minn. Ct. App. 1986). If any person herds cattle, horses, asses, mules, sheep, swine, or goats on land over the protest of the land owner, the animals are considered to be running at large. Court opinions have determined that “at large” means when animals are not restrained or confined. Any person who knowingly allows animals to run at large is liable for damage caused. 2. Chickens Like other animals, cities take different approaches for regulating chickens. Some cities include chickens in the same regulations that apply to other farm animals or livestock. Other cities have ordinances that allow chickens in the city under certain circumstances. However the city decides to regulate chickens, it is important to be clear about the regulations. State v. Nelson, 499 N.W.2d 512 (Minn. Ct. App. 1993). A Minnesota court has found that, unless specifically included in the definition, chickens and roosters do not fall under the regulation of ordinances that reference livestock. If the city would like to include chickens in this category, it may do so by defining the term to include chickens, poultry, fowl, or other similar descriptions. The bottom line here is that if the city wants to regulate chickens, it should make sure that chickens are covered by the ordinance. “Backyard Chicken Basics,” University of Minnesota Extension, Small Farms. “Urban chickens,” also called “city chickens,” are becoming a more common issue in cities across the state and country. The urban chicken “movement” is often linked to the increased desire for people to be closer to their food sources. Urban chickens allow people to raise chickens at their homes to have access to fresh eggs on a regular basis. 4 Item 1. RELEVANT LINKS: League of Minnesota Cities Information Memo: 12/12/2022 Animal Regulation in Cities Page 33 This small-scale keeping of chickens is different than a business that raises hens for eggs and meat. Those businesses are regulated differently than residents who want to keep a few chickens in their backyards. “Backyard Poultry,” Centers for Disease Control and Prevention (Nov. 16, 2022). Contact the LMC Research Department for sample ordinances. There are no state laws that address urban chickens or keeping of chickens in cities, so it is up to the city council to decide if it wants to regulate the keeping of chickens. The city may choose to allow, allow if a permit is obtained from the city, or prohibit urban chickens. The city can do this in a number of ways, including regulation under the general animal or farm- animal ordinance or by passing an ordinance specific to keeping chickens. If the city chooses to regulate the keeping of urban chickens, some common requirements include: • Allowing only hens (no roosters). • Limiting the number of hens allowed. • Maintaining coops or runs in a sanitary and humane condition. • Keeping chickens contained or under control at all times. • Locating coops a certain distance from property lines and other structures like houses. 3. Farm animals as pets It is not uncommon for a resident to want to keep a farm animal, such as a miniature horse or potbelly pig, as a pet. Some city ordinances would not allow for these animals as pets because the ordinance includes them as farm animals and prohibits them in residentially zoned areas. Other cities may allow for these types of animals by specific ordinance provisions, sometimes requiring a permit from the city. Given that these animals have been gaining in popularity, it is a good idea for the city to consider the issue and have an ordinance in place. D. Insects and bugs Insects and bugs are a part of life in Minnesota. While cities cannot regulate where insects and bugs choose to live, there are some things a city can do, such as regulating beekeeping or abating mosquitoes. 1. Beekeeping “Apiary Program Information,” Minnesota Department of Agriculture. Minn. Stat. § 17.445. “Beekeeping Help,” University of Minnesota Bee Lab. Since 2006, beekeeping is no longer regulated by state law, except for apiary inspection services related to the transportation of bees to other states. Cities may choose to regulate beekeeping within city limits. Some cities prohibit the practice while others allow it after obtaining a permit or allow it outright. 5 Item 1. Urban Chickens – Other Cities Ordinances LMC - Chickens Like other animals, cities take different approaches for regulating chickens. Some cities include chickens in the same regulations that apply to other farm animals or livestock. Other cities have ordinances that allow chickens in the city under certain circumstances. However the city decides to regulate chickens, it is important to be clear about the regulations. A Minnesota court has found that, unless specifically included in the definition, chickens and roosters do not fall under the regulation of ordinances that reference livestock. If the city would like to include chickens in this category, it may do so by defining the term to include chickens, poultry, fowl, or other similar descriptions. The bottom line here is that if the city wants to regulate chickens, it should make sure that chickens are covered by the ordinance. “Urban chickens,” also called “city chickens,” are becoming a more common issue in cities across the state and country. The urban chicken “movement” is often linked to the increased desire for people to be closer to their food sources. Urban chickens allow people to raise chickens at their homes to have access to fresh eggs on a regular basis. This small-scale keeping of chickens is different than a business that raises hens for eggs and meat. Those businesses are regulated differently than residents who want to keep a few chickens in their backyards. There are no state laws that address urban chickens or keeping of chickens in cities, so it is up to the city council to decide if it wants to regulate the keeping of chickens. The city may choose to allow, allow if a permit is obtained from the city, or prohibit urban chickens. The city can do this in a number of ways, including regulation under the general animal or farm animal ordinance or by passing an ordinance specific to keeping chickens. If the city chooses to regulate the keeping of urban chickens, some common requirements include; • Allowing only hens (no roosters). • Limiting the number of hens allowed. • Maintaining coops or runs in a sanitary and humane condition. • Keeping chickens contained or under control at all times. • Locating coops a certain distance from property lines and other structures like houses. UMN – Extension: Chickens Housing An enclosed, quality coop is essential to backyard chicken production. Coops must provide protection from the weather and predators. There should be a well-insulated area with a light bulb or heat lamp for the winter months as well as ventilation for fresh air. Be sure to have a minimum of 3 to 5 square feet per bird, including outdoor space. Ensure that the coop is free of small holes for predators to sneak in. The space should be free of unnecessary objects like woodpiles or equipment, as they attract predators. Chickens need to be fed and water changed daily. They need to be let out of the coop each morning and put into the coop at dusk each night to protect them from predators. Eggs should be picked up twice a day. The coop and pen should be cleaned out weekly to maintain sanitation and odor control. Sanitation 6 Item 1. Urban Chickens – Other Cities Ordinances To maintain a clean, healthy environment, the coop and outdoor area should be cleaned out weekly or as needed to control manure and odor build up. Feeders and waterers should be regularly cleaned and disinfected. Dust baths should be available, as they help control mites. It is important that at least once a year, usually in the spring, a thorough cleaning is done on the coop and yard. Also cleaning before introducing new birds to the area will limit the spread of disease. A fall cleaning is also helpful with mite control over winter. Rake and clean out the yard. All feeders should be removed and bedding completely cleared out. It is important to remove dust and cobwebs from corners of the coop. The inside of the coop needs to be disinfected — including troughs, perches and nests. To disinfect, use one-tablespoon chlorine bleach to one gallon boiling water. Manure management Chicken manure is made up of feed residue, intestinal bacteria, digestive juices, mineral by-products from metabolic processes, and water. In fact, 85 percent of chicken droppings, by weight, is water. This leads to issues with humidity and odor. So what are the options for managing manure? • One option is to complete thorough cleanings of the coop more than once a year. This will control the odor and fly populations. • Another option is to pasture the chickens. Moveable shelters are a valuable tool for pasturing chickens and reducing cleaning time. Simply move the location of the house when manure begins to build up. It offers new space for chickens to graze and peck, and it provides free fertilizer for the lawn! • A third option is composting. Composting can be done right in the chickens' bedding. To start this process, lay down about 4 inches of bedding. Regularly stir up the bedding to prevent clumping, and add fresh bedding until it is 10 inches deep by winter. Continue this process until the bedding gets 12 to 15 inches deep. At this depth, composting actively begins and after 6 months can kill harmful bacteria. This composting releases heat, which keeps chickens warm in cooler months and attracts natural fly predators. To maintain the compost, it must be stirred regularly to prevent crusting. The same process can be done outside of the coop in a separate bin. Regulations There are several regulations that you may encounter with chicken ownership. Raising chickens in the backyard may require a permit from your city, and each has different requirements and restrictions. It is not legal in some cities to keep poultry. Some cities may also limit the number of animals you can keep. If you begin selling eggs or meat, you will encounter additional regulations. The Minnesota Department of Agriculture Dairy and Food Inspection Division manages and enforces these. 7 Item 1. Draft Ordinance 8.106 – Chickens Columbia Heights – Chicken ordinance 1) Purpose. “Urban chickens” or “city chickens,” are becoming more common in cities across the state and country due to the desire for people to be closer to their food sources. Urban chickens allow people to raise chickens at their homes to have access to fresh eggs on a regular basis. This small- scale keeping of chickens is different than a business that raises hens for eggs and meat. Residents who want to keep chickens in their backyards shall do so in a manner and under such conditions as described by this section. 2) License (if desired to be an annual renewal)/Permit (one-time and runs with the property) Required a. No person may keep, harbor, maintain or allow the keeping of poultry on any property in the City without an approved license. If the applicant is a tenant, they must also provide proof of approval by the property owner permitting the keeping of poultry on the property. b. Education and training on how to raise poultry is required for the individual prior to the issuance of the initial license by the City. At the time of application for licensing, the individual must submit proof of completion of an approved educational course on the care and keeping of poultry. c. The application for licensing must be upon a form provided by the City. The applicant must pay for a license fee as set forth in the Fees chapter of the Code. All required information must be complete, including the number and breed of poultry, a diagram or photograph of the proposed coop and run, description of sanitation control and a description on how poultry feed will be maintained or stored. d. A site plan of the property showing the location, size, and setback requirements of the proposed poultry coop and run is required. e. The property must be in compliance with all other applicable City regulations in order to receive approval and renewal. f. If the licensee fails to maintain the conditions set forth below subsequent to issuance of the license, the City Manager or their designee license may revoke the license. g. The license term, license fee, license renewal fee, and impound fee are established in the Fees chapter of the Code. h. An applicant or licensee may appeal the denial, revocation, or non-renewal of a license issued under this Section pursuant to the procedures set forth in Section 300.22 of this Chapter. 3) Location and Size of Coop and Run a. Residents on properties zoned R-1, Single Family Residential; R-2A and R-2B, Two-Family Residential, and R-3, Limited Multiple-Family Residential and R-4, Multiple-Family Residential districts may be permitted to keep and raise poultry as a hobby with a license and be limited to a maximum combination of six poultry per property. This does not apply to multifamily buildings containing three or more units. b. Coop and run area must be located in the backyard and must be located a minimum of 10 feet from all adjacent property lines and shall be situated closer to the chicken owner’s dwelling than to any of the neighboring dwellings. c. Coop and covered run area is limited to no more than 120 square feet and shall not exceed 6 feet in height. 8 Item 1. Draft Ordinance d. Coop size must not be less than three square feet per bird, be weatherproof and fully enclosed. e. The coop must comply with current zoning and building codes. The coop must be constructed with architecturally appropriate building materials including exterior grade siding and either a metal, composite or shingled roof. In the alternative, coop may be purchased from a commercial source that constructs structures specifically to be used as coops for poultry. f. The run must have a fence around the enclosure and must be securely constructed with mesh type material to prevent the poultry from roaming freely and to protect them from other animals. g. If the keeping of poultry has been discontinued for more than 12 consecutive months, the licensee must remove the coop and run and restore the site within five business days. 4) Conditions a. No roosters will be permitted. b. No poultry are to be allowed or kept inside of any residential garage or dwelling unit. c. Poultry must be secured inside of a shelter from sunset to sunrise each day to prevent nuisance noise and attraction of predators. d. Poultry must be confined to the coop and run area and may not roam free on the property. e. Housing facilities and grounds must be maintained in a clean and sanitary condition and kept in good repair. Flies, rodents, and noxious odors must be controlled. Facilities must be kept free of fecal matter and collected fecal matter must be properly stored and disposed of weekly. f. If poultry are to be maintained during the winter months, the coop must be winterized to protect the birds in cold weather. g. Poultry must be fed within the confines of the coop or run area. Feed must be stored in leak- proof containers with a tight-fitting cover to prevent attracting vermin. h. The raising of poultry for breeding purposes is prohibited on residentially used or zoned properties. i. There will be no slaughtering or butchering of any poultry on residential properties within the City. 5) Inspection a. As a part of the initial license application or annual renewal each resident must allow an inspection of the coop and run area by the City. The City Manager or their designee has the right to inspect any coop and run for the purpose of ensuring compliance with this Section upon providing prior notice to the owner of the property. In the case of a complaint regarding the coop and run, the site may be inspected by the City without prior notice. In the event the licensee moves to a new residential lot within the City , the licensee is required to complete a new license application for the new location. 6) Sale of eggs. Owners must comply with all requirements and performance standards for home enterprises in the city code and all Minnesota Department of Agriculture requirements for the sale of eggs. 9 Item 1. 300.05 Poultry 1. Purpose. The keeping of chickens or ducks on a small scale for the purpose of raising such animals to have access to fresh eggs, meat, or feathers is of growing interest in the community. This section addresses the City’s desire to protect the health and safety of such animals and residents. 2. License Required (a) No person may keep, harbor, maintain or allow the keeping of poultry on any property in the City without an approved license. If the applicant is a tenant, they must also provide proof of approval by the property owner permitting the keeping of poultry on the property. (b) Education and training on how to raise poultry is required for the individual prior to the issuance of the initial license by the City. At the time of application for licensing, the individual must submit proof of completion of an approved educational course on the care and keeping of poultry. (c) The application for licensing must be upon a form provided by the City. The applicant must pay for a license fee as set forth in the Fees chapter of the Code. All required information must be complete, including the number and breed of poultry, a diagram or photograph of the proposed coop and run, description of sanitation control and a description on how poultry feed will be maintained or stored. (d) A site plan of the property showing the location, size, and setback requirements of the proposed poultry coop and run is required. (e) The property must be in compliance with all other applicable City regulations in order to receive approval and renewal. (f) If the licensee fails to maintain the conditions set forth below subsequent to issuance of the license, the City Manager or their designee license may revoke the license. (g) The license term, license fee, license renewal fee, and impound fee are established in the Fees chapter of the Code. (h) An applicant or licensee may appeal the denial, revocation, or non-renewal of a license issued under this Section pursuant to the procedures set forth in Section 300.22 of this Chapter. 3. Location and Size of Coop and Run (a) Residents on properties zoned R-1, Single Family Residential may be permitted to keep and raise poultry as a hobby with a license and be limited to a maximum combination of six poultry per property. (b) Coop and run area must be located in the backyard and must be located a minimum of 10 feet from all adjacent property lines and 30 feet from any neighboring structure. (c) Coop and covered run area is limited to no more than 120 square feet. (d) Coop size must not be less than three square feet per bird, be weatherproof and fully enclosed. (e) The coop must comply with current zoning and building codes. The coop must be constructed with architecturally appropriate building materials including exterior grade siding and either a metal, 10 Item 1. composite or shingled roof. In the alternative, coop may be purchased from a commercial source that constructs structures specifically to be used as coops for poultry. (f) The run must have a fence around the enclosure and must be securely constructed with mesh type material. (g) The run must have protective overhead netting or fencing to prevent the poultry from roaming freely and to protect them from other animals. (h) If the keeping of poultry has been discontinued for more than 12 consecutive months, the licensee must remove the coop and run and restore the site within five business days. 4. Conditions (a) No more than six poultry may be kept on site at any one time. (b) No roosters will be permitted. (c) No poultry are to be allowed or kept inside of any residential garage or dwelling unit. (d) Poultry must be secured inside of a shelter from sunset to sunrise each day to prevent nuisance noise and attraction of predators. (e) Poultry must be confined to the coop and run area and may not roam free on the property. (f) Housing facilities and grounds must be maintained in a clean and sanitary condition and kept in good repair. Flies, rodents, and noxious odors must be controlled. Facilities must be kept free of fecal matter and collected fecal matter must be properly stored and disposed of weekly. (g) If poultry are to be maintained during the winter months, the coop must be winterized to protect the birds in cold weather. (h) Poultry must be fed within the confines of the coop or run area. Feed must be stored in leak- proof containers with a tight-fitting cover to prevent attracting vermin. (i) The raising of poultry for breeding purposes is prohibited on residentially used or zoned properties. (j) There will be no slaughtering or butchering of any poultry on residential properties within the City. 5. Inspection As a part of the initial license application or annual renewal each resident must allow an inspection of the coop and run area by the City. The City Manager or their designee has the right to inspect any coop and run for the purpose of ensuring compliance with this Section upon providing prior notice to the owner of the property. In the case of a complaint regarding the coop and run, the site may be inspected by the City without prior notice. In the event the licensee moves to a new residential lot within the City , the licensee is required to complete a new license application for the new location. HISTORY Adopted by Ord. 1349 on 11/27/2017 Amended by Ord. 1388 on 4/26/2021 Amended by Ord. 1406 on 4/10/2023 11 Item 1. 12 Item 1. (1) (2) (3) (4) a. 1. 2. 3. 4. 5. 6. 7. 8. 9. It shall be a public nuisance and unlawful to allow, permit, keep, maintain, sell or harbor animals within the city, in violation of the following regulations: Dogs. No more than three dogs over six months old, up to a limit of ten dogs if the additional dogs are puppies under six months old, unless a kennel license is obtained. Cats. No more than three cats over six months old, up to a limit of ten cats if the additional cats are kittens under six months old, unless a kennel license is obtained. Other household pets. No more than three other domesticated household pets of any kind or combination thereof kept for companionship and pleasure, including, but not limited to, small caged animals in the rodent family, members of the lagomorph family, domesticated ferrets, caged birds in the parrot or finch families, non-venomous reptiles less than six feet in length and non-poisonous amphibians. This limitation shall not apply to non-game fish sold at retail in pet shops for the purpose of being kept in an aquarium. Chickens. No more than four chickens. No roosters of any kind are permitted within the city by this section. Shelter requirements. Chickens shall be properly protected from the weather and predators in a shelter or coop, and have access to the outdoors in an enclosed or fenced area. The shelter and/or enclosure shall meet all of the following requirements: Applicable building, property maintenance and zoning requirements of the city code; All electrical work shall be done according to applicable codes and with appropriate permits; The shelter shall be situated closer to the chicken owner's dwelling than to any of the neighboring dwellings, and in no case closer than ten feet to the lot line; Shelter and enclosure must be located in the rear yard; Screening from abutting residential properties in the form of a solid privacy fence of at least four feet in height constructed according to the fence standards of the city code shall be provided for the shelter and enclosure; A shelter shall not exceed 120 square feet in size and shall not exceed six feet in height; An enclosure or fenced area for chickens shall not exceed 20 square feet per bird and shall not exceed six feet in height and shall have protected overhead netting to prevent attracting predators; An enclosure or fenced area may be constructed with wood and/or woven wire materials that allow chickens to contact the ground; and  Prev Hit Next Hit  Code of Ordinances 13 Item 1. b. 1. 2. 3. 4. 5. 6. c. (5) (6) (7) (1) a. b. The structure must be properly constructed and of quality materials to deter rodents and predators. Prevention of nuisance conditions. Owners shall care for chickens in a humane manner and shall prevent nuisance conditions by ensuring the following conditions are met: The shelter and enclosure are maintained in good repair, and in a clean and sanitary manner free of vermin and objectionable odors; Feces and discarded feed is regularly collected and stored in a leak-proof container with a tight-fitting cover to prevent nuisance odors and the attraction of vermin until it can be disposed of properly; Chicken feed shall be stored in a leak-proof container with a tight-fitting cover to prevent attracting vermin; Chickens shall be secured inside of a shelter from sunset to sunrise each day to prevent nuisance noise and attracting predators; Chickens shall remain in either the shelter or enclosure at all times and shall not run at large; and The shelter shall be winterized to protect the chickens in cold weather. Sale of eggs. Owners must comply with all requirements and performance standards for home enterprises in the city code and all Minnesota Department of Agriculture requirements for the sale of eggs. Wild animals. No live wild animals of any kind. Hoofed animals. No horses, cows, sheep, goats, pigs or any kind of other hoofed animals with the exception of one pot-bellied pig. [Nuisance animals.] No combination of animals and/or chickens of any age referred to in subsections (1) through (6) above kept in such numbers or under such conditions which unreasonably annoy, injure, or endanger the health, safety, comfort, repose or welfare of the public or of said animals or chickens. (Ord. No. 15-23, § 2, 10-26-2015; Ord. No. 21-04, § 1, 9-13-2021) Sec. 7-7. - Exempt animals. The provisions of this Code shall not apply to the following circumstances: Owners or possessors of wild animals where such animals are exhibited in the city for the education and entertainment of the public by a person authorized by either federal law or Minn. Stat. § 97A.041 provided the following conditions are met: The animals are not permanently sheltered, kept or maintained in the city.   Prev Hit Next Hit  Code of Ordinances 14 Item 1. Urban Chickens – Other Cities Ordinances Minneapolis – Chicken Ordinance 63.90. - Fowl. 1. No person shall keep, harbor, or maintain care, custody, or control over any fowl such as a chicken, turkey, duck, or pigeon, without obtaining a permit. Any person desiring a permit shall make written application to MACC. Approval of application is subject to reasonable conditions prescribed by MACC. Failure to adhere to permit conditions shall constitute cause for adverse action against the permit and shall be a violation of this section. 2. MACC may grant a permit pursuant to this section only after the applicant has met any educational requirements as established and published by MACC and has provided evidence of notification to all immediately adjacent property owners, in a format supplied by or approved by and to the satisfaction of MACC. If the applicant is a renter, approval from the property owner shall be required. Neighbor notification will be the responsibility of the property owner, though it may be carried out by the applicant. 3. Fowl must be purchased or acquired in accordance with Minn. Statute Sections 70.40 and 74.100 and any other applicable law. 4. The requirements of this section shall not prohibit the adoption of fowl to the public by any releasing agency, private shelter, rescue group, or public sheltering agency provided the adoption contract specifies that the animal cannot be sold, transferred, or otherwise disposed of for a period of six (6) months following the adoption without written consent of the releasing agency, except for euthanization by a licensed veterinarian to prevent pain and suffering or disease transmission. 5. No person having the care, custody, and control of any fowl shall abandon said fowl or allow any fowl to run at large off the property of its owner or custodian. 6. All permits shall expire twelve (12) months from the date of issuance unless sooner revoked. The application fees for such permits shall be as established in the license fee schedule and shall be payable upon application. MACC may inspect the premises annually or as deemed necessary. 7. Permits shall be classified into three (3) tiers, with Tier I consisting of one (1) to six (6) hens, Tier II of seven (7) to fifteen (15) hens, and Tier III of sixteen (16) to thirty (30) hens, with associated fees as established in the license fee schedule. 8. Standards of care, practice, restrictions, and enclosure requirements include the following: a. Residential coops, pens or other structures shall be limited to six (6) fowl of any kind per permit. Permits in excess of the allowable number shall need to be approved by MACC and may require additional conditions. b. Location of coop, run, or pen must be in compliance with all zoning code requirements and enclosed to ensure fowl are confined to permittee's property. The enclosure must be of proper size for the number and type of fowl being housed as prescribed by MACC. c. Residential coops, pens, or other structures shall be an allowed accessory to a dwelling subject to the following: i. The use shall be located not less than twenty (20) feet from any habitable building on an adjacent property. ii. The use shall be visually screened from any adjacent residential use. iii. The use shall be constructed of durable materials and shall be compatible with the principal structure and adjacent residential properties. iv. The use shall be located entirely to the rear of the principal residential structure. 15 Item 1. Urban Chickens – Other Cities Ordinances v. Fecal waste or litter shall be removed at such reasonable times to prevent odors from emitting over property lines. Such waste or litter must be double bagged and disposed of in city garbage or composted provided the method used and the location does not present a public nuisance or health issue. vi. Slaughter of any kind shall be prohibited within the City of Minneapolis. vii. Roosters shall be prohibited without special permit. viii. A permit to keep more than six (6) fowl or to keep roosters shall require the written consent of at least eighty (80) percent of the occupants of the several descriptions of real estate situated within one hundred (100) feet of the applicant's real estate. Such written consent shall be required on the initial application and as often thereafter as MACC deems necessary. ix. Any coop found to be a public nuisance provided notice to abate the issues has failed to correct the issue within a reasonable time is prohibited and all permits associated with the coop may be revoked or denied. The coop and all fowl shall be removed by the property owner within forty-eight (48) hours of notice of the revoked or denied permit at the expense of the permit holder or applicant. x. MACC may deny, suspend, revoke or take other authorized adverse action against any permit applied for or granted pursuant to this section if any condition or requirement is violated or if the keeping of fowl becomes a public nuisance or for other good cause. xi. Public nuisance for the purpose of coops includes, without limitation, any chicken coop that on three (3) or more occurrences in a twelve (12) month period receives complaints of noise, odor, or any other violation from more than one complainant, provided the complaints are founded and established by MACC. xii. No person, business, or entity shall maintain or cause to be maintained any commercial business related to the keeping of fowl on residential property unless otherwise permitted by the City of Minneapolis. If so permitted, commercial coops must: 1. Maintain any applicable business license, health department permit, zoning permit, and permit issued by the MACC. 2. Be limited to thirty (30) fowl of any kind with at least four (4) square feet provided for each fowl housed inside the physical coop and ten (10) square feet for each fowl while housed in outside run. 3. Be maintained in such a manner as to prevent a public nuisance. 4. Comply with all zoning and health regulations as well as any other applicable law. 5. Be properly identified as required by MACC. 6. Provide adequate care, as defined in this title. 7. Provide adequate safeguards to protect the fowl from animals and to prevent unauthorized access to the fowl by general members of the public. 8. Be kept in good repair, maintained in a clean and in a sanitary condition, and free of any vermin, obnoxious smells, and substances. ( Ord. No. 2016-009 , § 1, 2-12-16) 16 Item 1. Animals 23 § 91.46 REPORT OF DOG BITE. Any person knowing of a human being bitten by a dog shall immediately notify the Police Department and the dog shall then be confined and kept under observation for a period of 10 days before being disposed of, if necessary. (Ord. 08-007, passed 12-8-2008) ANIMALS PROHIBITED AS NUISANCES § 91.55 HABITUAL BARKING. (A) It shall be unlawful for any person to keep or harbor a dog which habitually barks or cries. Habitual barking shall be defined as barking for repeated intervals of at least 5 minutes with less than 1 minute of interruption. The barking must also be audible off of the owner’s or caretaker’s premises. (B) The animal control officer or police officer shall not enter the property of the owner of an animal described in this section unless the officer has first obtained the permission of the owner to do so or has obtained a warrant issued by a court of competent jurisdiction, as provided for in § 10.20, to search for and seize the animal. Penalty, see § 10.99 § 91.56 KEEPING OF CERTAIN ANIMALS. No person may keep farm animals or wild animals as defined in this Code, nor more than 2 dogs or 3 dogs allowed under § 91.01 through 91.05 or fowl, within the city nearer than 500 feet to any human habitation or platted land, without approval of the City Council. The City Council may, before approving or denying any request for approval, request a report from the Health Officer concerning the effect on public health. (1993 Code, § 1210.02) Penalty, see § 10.99 (Am. Ord. 2022-07, adopted 10-11-22) § 91.57 FEEDING OF WILD ANIMALS. 1) No person shall intentionally feed wild animals within the City. Intentional feeding means the provision of any grain, fruit, vegetables, nuts, salt licks, or any other food that attracts wild animals. a) Living food sources such as trees and other live vegetation shall not be considered food for wild animals. 2) Feeding Songbirds. The feeding of songbirds is permitted under the following conditions: a) Feeding is done from a bird feeder that is designed to prevent other wild animals from feeding and is placed at least 5 feet above the ground. b) The bird feeder does not become an attractive nuisance to other wild animals. c) Songbird feeding occurs on private property owned or controlled by the person responsible for the feeder. 17 Item 1. returned to the owner provided the owner shall first pay for the cost of keeping said animal. If the owner does not claim or retrieve the animal, the animal may be disposed of as provided in this code of ordinances. b.Whenever the city can determine the person owning, possessing or harboring the animal that has bitten the human being, the city may permit the owner to impound such animal for a period of 10 days separate and apart from other animals under the supervision of a licensed veterinarian until it is determined whether the animal had or has rabies. If the animal is rabid, it shall be destroyed. In all cases, the city shall make the determination of how the animal shall be impounded, and shall base its decision upon the owner’s ability to properly impound the animal, and the current rabies vaccination status of the animal. 2.Animal bites animal. Any animal known to have been bitten or exposed to rabies shall be impounded or destroyed; provided, however, that such animal may be immediately destroyed, if with reasonable effort it cannot first be taken up and impounded. If such an animal is impounded, it shall not be destroyed if the owner makes provision for suitable quarantine for a period of not less than 6 months, or proof of immunization is furnished and booster injections are given by a licensed veterinarian at the expense of the owner. H.Hen chickens. 1.No more than 5 hen chickens are allowed on any parcel of land in the city. 2.Every person who owns, controls, keeps, maintains, or harbors hen chickens must keep them confined on the premises at all times in a chicken coop or chicken run. Hen chickens are not allowed in any part of a house or garage. 3.Any chicken coop or chicken run must comply with all applicable building and zoning codes and regulations. 4.No chicken coop or run shall be constructed on any parcel of land before construction of the principal building. 5.A chicken coop or run cannot be located in the front or side yard. 6.A chicken coop or run must be setback at least 50 feet from any residential structure on any adjacent lot and at least 10 feet from the property line. 7.A chicken coop or run must be screened from view with a solid fence or landscaped buffer with a minimum height of 4 feet. 8.A chicken coop can be no larger than 10 square feet per chicken and cannot exceed 6 feet in height. A chicken run cannot exceed 20 square feet per chicken and the fencing cannot exceed 6 feet in height. A chicken run may be enclosed with wood or woven wire materials, and may allow chickens to contact the ground. A chicken run must have a protective overhead netting to keep the chickens separated from other animals. 9.A chicken coop must be elevated a minimum of 12 inches and a maximum of 24 inches above grade to ensure circulation beneath the coop. 10.Chicken grains and feed must be stored in rodent-proof containers. 11.No chicken may be kept or raised in a manner as to cause injury or annoyance to persons on other property in the vicinity by reason of noise, odor, or filth. 12.Any chicken running at large may be impounded by the city and, after being impounded for 3 days or more without being reclaimed by the owner, may be destroyed or sold. A person reclaiming any impounded chicken must pay the cost of impounding and keeping the same.18 Item 1. ITEM: Liquor Store 3 Redesign. (30 Minutes) DEPARTMENT: Liquor BY/DATE: Joseph Kloiber, Finance Director / April 30, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) X Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community X Strong Infrastructure and Public Services _Sustainable BACKGROUND: At the August 7th, 2023, work session, three preliminary design options to incorporate the former Heartland Tire Store property at 5229 University Ave NE into the City’s existing Top Valu Liquor Store #3 at 5225 University Ave NE were reviewed with the City Council. The estimated costs for those three options were relatively close to each other ranging from roughly $1 million to $1.2 million at 2023 pricing. The lowest cost option (referred to as #1 at August work session), would meet the project’s primary goals of relocating the inventory storage and the manager’s office from the basement to the same level as the sales floor, as well as improve both customer parking and delivery truck parking. Unlike the other two options, however, the lowest cost option would not increase cooler space or sales floor space. In the staff’s judgement, the marginal additional cost to increase cooler and sales floor space under the other options is justified by the sales opportunity that would be provided by carrying a wider variety of products. These alternative options (referred to as #2 & #3 at the August work session) were also preferred by those council members that expressed a preference at the August work session. At the August 7th, 2023, work session, a majority of the City Council expressed interest in including a possible municipal cannabis dispensary within the preliminary design options considered for this project. Staff subsequently obtained and reviewed with the City Council information on several regulatory and business plan matters affecting this emerging industry. Per the council’s direction, the project architect has also updated the original options to include a dispensary. RECOMMENDATION: At the May 6th, 2024, work session, the project architect will present the updated preliminary design options for review and discussion. Staff will also update the council with the most recent information available on regulatory matters and business plans. Staff and Council will then determine the next steps forward for this project. ATTACHMENT(S): Preliminary floor plan options prepared by Wold Architects CITY COUNCIL WORK SESSION MEETING AGENDA SECTION WORK SESSION ITEM MEETING DATE MAY 6, 2024 19 Item 2. Facility Analysis and Master Planning City Council Work Session May 6, 2024 20 Item 2. Agenda CITY OF COLUMBIA HEIGHTS FACILITY ANALYSIS AND MASTER PLANNING 1.Review Goals 2.Options Development 3.Feedback/ Questions 21 Item 2. Goals CITY OF COLUMBIA HEIGHTS FACILITY ANALYSIS AND MASTER PLANNING Goals •Improve customer experience •Increase sales floor space •Replace existing cooler •Move office and storage space upstairs •Vacate basement level •Potential Plan for future dispensary 22 Item 2. Option 1: Liquor Store Renovation CITY OF COLUMBIA HEIGHTS FACILITY ANALYSIS AND MASTER PLANNING Storage Capacity •1 ,200 square footage of floor space •27 pallets shown (243 sq . ft.) •73' linear feet of liquor shelving shown •120 square foot office, break room moves to basement Cooler Capacity •13 pallets shown in cooler (117 sq . ft.) •14 doors @ 30" each •615 sq . ft. Cooler space •Sales Floor Capacity •Additional 40' linear feet of shelves •Open sales floor with side facing cooler Cost Estimate: $1,250,000 23 Item 2. Option 2: Liquor Store Renovation & Future Dispensar y Addition CITY OF COLUMBIA HEIGHTS FACILITY ANALYSIS AND MASTER PLANNING Site Considerations •Requires some site work to increase parking spaces. •Needs to accommodate 3 spaces per 1000 sq ft. (18 total) •Additional 6 spaces required. •Setbacks: •Front: 15 feet •Sides: None •Rear : 20 feet (alley) •Parking setbacks: •Front: 15 feet •Sides and Rear : 5 feet 24 Item 2. Option 2: Liquor Store Renovation &Future Dispensar y Addition CITY OF COLUMBIA HEIGHTS FACILITY ANALYSIS AND MASTER PLANNING Storage Capacity •1 ,200 square footage of floor space •27 pallets shown (243 sq . ft.) •112' linear feet of liquor shelving shown •120 square foot office, break room moves to basement Cooler Capacity •13 pallets shown in cooler (117 sq . ft.) •14 doors @ 30" each •615 sq . ft. Cooler space Sales Floor Capacity •Additional 40' linear feet of shelves •Open sales floor with side facing cooler Dispensary Capacity •1 ,000 square footage of floor space Site Considerations •Requires some site work to increase/ replace parking •No side setbacks but should maintain driveway to North Cost Estimate (Renovation): $1,250,000 Cost Estimate (Addition): $1,100,000 + inflation25 Item 2. Option 3: Renovation of Liquor Store &Future Dispensar y Shell CITY OF COLUMBIA HEIGHTS FACILITY ANALYSIS AND MASTER PLANNING Storage Capacity •1 ,000 square footage of floor space •Pallets could be upgraded to shelving racks •37 pallets shown (333 sq . ft.) •36' linear feet of liquor shelving shown •120 square foot office, break room moves to basement Dispensary Capacity •1 ,000 square footage of floor space •Central lobby with hallway to connect to back of house, and staff bathroom. Cost Estimate: $1,150,000* * Retail Space Shell Only 26 Item 2. CITY OF COLUMBIA HEIGHTS FACILITY ANALYSIS AND MASTER PLANNING Questions? Option Feedback 27 Item 2. ITEM: Status Update Regarding the Youth Commission DEPARTMENT: Administration BY/DATE: Will Rottler / May 2, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community X Equitable, Diverse, Inclusive, and Friendly X Trusted and Engaged Leadership _Thriving and Vibrant Destination Community _Strong Infrastructure and Public Services _Sustainable BACKGROUND: On Oct 25, 2021, the Columbia Heights City Council approved amending the City Code to create a Columbia Heights Youth Commission. The first of its kind in Columbia Heights. The purpose of the Columbia Heights Youth Commission will be to serve as an advisory body to the Columbia Heights City Council, and other boards and commissions as appropriate, inspire and bring to light new ideas from a youth perspective, create an educational environment for youth looking to expand their knowledge of government and leadership functions, and provide experience-building opportunities for area youth seeking increased community and government engagement. SUMMARY OF CURRENT STATUS: The Youth Commission, in its second year of existence, currently has nine members with five eligible for returning for the 2025-26 term. Due to lack of attendance this year, the quorum was not met twice. With scheduling speakers or planning civics projects there has been uncertainty if a quorum would be established for the meeting or event. Heading into the next term of the Youth Commission, staff are unsure of the number of returners and potential applicants which may result in adapting the by-laws to accommodate for the number of members to establish a commission. After consulting with the City of Roseville and the City of Eden Prairie, staff would like to appoint Youth Commission Members to select Boards and Commissions instead of having a dedicated Youth Commission. STAFF RECOMMENDATION: Staff recommends reconfiguring the Columbia Heights Youth Commission to Columbia Heights Youth Commission Members. The following Boards and Commissions would have at least one and no more than two Youth Commission Member(s) to provide insight and give feedback from Columbia Heights residents who are currently enrolled in high school or a home school program educational program. These appointments would be non-voting CITY COUNCIL WORK SESSION MEETING AGENDA SECTION WORK SESSION ITEM MEETING DATE MAY 6, 2024 28 Item 3. City of Columbia Heights - Council Letter Page 2 positions, would not impact the quorum, and the terms would be one year each from September to May of the following year. Re-appointment would be required for the students if they would like to serve in the program the following year. Preference would be given to previous appointments. Potential Boards and Commissions with a Youth Commission Member: Library Board Park and Recreation Commission Planning Commission Sustainability Commission ATTACHMENT(S): City of Eden Prairie Students on Commissions Program Application. 29 Item 3. 952 949 8300 TDD 952 949 8399 8080 Mitchell Road Eden Prairie , MN 55344-4485 edenprairie.org 2024-2025 Students on Commissions Program The 2024-2025 term runs from September to May. Students can apply to serve on one of the following commissions: Flying Cloud Airport Advisory Commission — Advises the City Council and Metropolitan Airports Commission on maters affec�ng the opera�on of Flying Cloud Airport and the community. The Commission also monitors noise abatement methods to reduce aircra� noise in the community. Mee�ngs are quarterly on the second Thursday of January, April, July and October in the Heritage Rooms at City Center. Heritage Preserva�on Commission — Safeguards the heritage of Eden Prairie by preserving sites and structures that reflect significant elements of the City’s cultural, social, economic, poli�cal, visual or architectural history, and also promotes the preserva�on and con�nued use of historic sites and structures for the educa�on and general welfare of its residents. Mee�ngs are the third Monday of the month at 7 p.m. in the Heritage Rooms at City Center. Human Rights and Diversity Commission — Advises the City on maters of diversity, civil and human rights, and the Americans with Disabili�es Act. The Commission has been involved in such important social issues as iden�fying needs of the immigrant popula�on and finding solu�ons to “bullying” in local schools. Mee�ngs are the second Thursday of every month at 7 p.m. in the Heritage Rooms at City Center. Parks, Recrea�on and Natural Resources Commission — Advises the City Council on maters of development and use of parks and recrea�on facili�es, leisure services, recrea�on programming, preserva�on of natural resources and promo�on of environmental awareness. Mee�ngs are on the first Monday of every month at 7 p.m. in the Heritage Rooms at City Center. Sustainability Commission — Advises the City Council about policies and prac�ces that promote sustainable development and conserva�on of the City's air, water and land resources. The commission works on the reduc�on of residen�al and commercial solid waste, and the more efficient use of energy in the economic ac�vi�es of both the public and private sectors. Mee�ngs are on the second Tuesday of each month at 7 p.m. in the Heritage Rooms at City Center. Complete the “Students on Commissions” applica�on in either of two ways: 1. Submit the fillable PDF “Students on Commissions” applica�on to Sara Aschenbeck at SAschenbeck@edenprairie.org. 2. Print a paper version of the “Students on Commissions” applica�on and drop off or mail to: Eden Prairie City Center ATTN: Sara Aschenbeck 8080 Mitchell Road Eden Prairie, MN 55344 The deadline for submi�ng applica�ons is Friday, May 24. For addi�onal informa�on, please contact Sara Aschenbeck at SAschenbeck@edenprairie.org or 952-949-8412. 30 Item 3. OFC 952 949 8300 TDD 952 949 8399 8080 Mitchell Road Eden Prairie , MN 55344-4485 edenprairie.org 2024-2025 Students on Commissions Applica�on We welcome your applica�on to serve as a student commission member on a City of Eden Prairie advisory commission. Please provide complete informa�on to assist us in giving your applica�on full considera�on. Addi�onal informa�on which further qualifies you may be atached to this applica�on. The City of Eden Prairie does not discriminate on the basis of race, color, religion, na�onal origin, gender, age, marital status, sexual orienta�on, status with regard to public assistance or disability in the admission or access to programs, services, ac�vi�es or employment. DATA PRIVACY NOTICE: Our applica�on requests that you furnish both public and private informa�on about yourself. Your name, address, current employment posi�on, previous work history, educa�on and training are public data under the Minnesota Data Act (Minn. Stat. Sect. 13.43, subd. 2 & 3). It is available to anyone who requests the informa�on. The data you give us about yourself is needed to iden�fy you and assist in determining your suitability for the commission(s) for which you are applying. This data is not legally required, but refusal to supply the informa�on requested may affect the City’s ability to evaluate your applica�on. Last Name First Name Middle Initial Phonetic Pronunciation of Name Preferred Pronouns (optional) Address City Eden Prairie Zip Code State MN Note: Applicants will be informed of appointment via email in Email June. Please provide an email address you access year-round. Phone Commission(s) of Interest 1. Flying Cloud Airport Advisory 2. Heritage Preservation 3. Human Rights and Diversity 4. Parks, Recreation and Natural Resources 5. Sustainability 1st Choice: 2nd Choice: 31 Item 3. □ □ □ □ □ □ □ □ □ PERSONAL INFORMATION Education School you attend: Eden Prairie High School Minnetonka High School Hopkins High School Benilde-St. Margaret’s High School Academy of Holy Angels High School Holy Family Catholic High School International School of Minnesota Other: Year in school next year: Senior (Class of 2024) Junior (Class of 2025) Memberships, School Activities, Civic Experiences and/or Volunteer Experience Organization name Location Dates of participation Positions/accomplishments Employment Information (if employed) Current Employer Employer Phone Number Position Title Job Responsibilities 32 Item 3. Supplemental Questions (Please answer on this application or attach answers in a separate file) 1. What are your primary interests for wanting to serve as a student representative on a City Commission? 2. What aspects from your personal experiences, school activities, civic experiences and/or volunteer work experiences demonstrate why you should be selected as a student commission member? 3. As a student representative, are there any issues which might cause conflict between civic responsibility and personal interests? 33 Item 3. IMPORTANT: READ BEFORE SIGNING! Students appointed to “Students on Commissions” are appointed to one (1) term from September 2024 through May 2025. Students who par�cipate in the program as juniors must reapply if they wish to serve again as seniors. Appointments do not carry over from year to year. Only Eden Prairie residents who are juniors and seniors are appointed. Student commission members, like all appointed City commission members, serve without remunera�on, but may be reimbursed for out-of-pocket expenses incurred in the performance of their du�es when such expenses have been authorized by the City Council in advance. Any student commission member may be removed for just cause by a two-thirds vote of the City Council. Each commission conducts its regular mee�ngs at an established �me. All commission members are required to be residents of the City. The City Manager or his designee serves as a non-vo�ng, ex-officio member of each commission. The facts set forth in my applica�on are true and complete. I understand that if appointed, false statements on this applica�on shall be considered cause for dismissal. I authorize inves�ga�on of all statements and maters contained in this applica�on which the City of Eden Prairie may deem relevant to my appointment. Signature Date 34 Item 3. ITEM: Community Survey Questions for Murzyn Hall DEPARTMENT: Administration BY/DATE: City Manager / May 2, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community X Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership X Thriving and Vibrant Destination Community X Strong Infrastructure and Public Services _Sustainable BACKGROUND: At the March work session, the update of the City’s Park Plan was discussed with the Council. The Commission will be seeking input from the community to help guide and update the Park Plan. The Commission may utilize outreach at events such as the City Services Expo, Community Art and Info Fair and Music in the Park events. The Communications department will also assist with a survey available through the City’s website and other social media. Some park related questions were asked in the most recent City wide survey. Staff provide d the Park and Recreation Commission a copy of both the City-wide survey completed by Morris Leatherman and the online survey completed by City staff. Utilizing these, staff will work with the Commission to focus the survey questions on the plan update and avoid repeating the recent survey questions. SUMMARY OF CURRENT STATUS: As discussed at that work session and also in the past with the Council is Murzyn Hall, but focusing on a future redevelopment of JPM to a community center. To facilitate that outreach, staff has prepared a listing of potential questions to be asked of the community to provide feedback and develop a direction for future redevelopment of Murzyn Hall. For the initial set of community questions – it is staff’s recommendation to keep the total questions to 8-12, but no more than 15 questions. STAFF RECOMMENDATION: Review and discussion of questions for the public engagement process for Murzyn Hall. ATTACHMENT(S): Suggested questions for community engagement specific to Murzyn Hall Morris Leatherman survey questions/responses (Park highlighted) Staff website survey questions / responses (Parks highlighted) CITY COUNCIL WORK SESSION MEETING AGENDA SECTION WORK SESSION ITEM MEETING DATE MAY 6, 2024 35 Item 4. Past Use of Murzyn Hall  What did you like most about Murzyn Hall?  What did you dislike about Murzyn Hall? Programming Questions of JPM  What types of new activities or programs would you like to see introduced at John P. Murzyn Hall that you feel are currently lacking? Future Use  What features would you like to see in a new community center?  Would you prefer more indoor or outdoor spaces in a new community center?  What types of recreational facilities do you think are missing in Murzyn Hall?  How important is having sports facilities (e.g., soccer, pickleball, basketball courts, swimming pools) at a community center?  Would you use a fitness center if one were available at the community center? Community Use  How important are spaces for artistic activities (e.g., painting, music) to you?  Would you like the new center to offer daycare or children's play areas?  What types of educational programs would you like the community center to offer?  How important is having technology-equipped spaces (e.g., computer labs, Wi-Fi) in the community center?  Would you participate in job training and career development workshops if offered at the center?  What types of cultural events would you like the community center to host?  What kinds of health and wellness programs would you value at the community center?  How important is having a cafe or coffee services at the community center?  What kinds of outdoor amenities (e.g., picnic areas, walking trails) would you like included?  Would you like the community center to provide services for senior citizens?  Would you be willing to pay a membership fee for using the community center facilities?  Would you use a swimming pool if included in the community center?  How can the community center cater to the needs of teenagers and young adults? Questions that can help gauge public opinion on the current use of JPM wedding venue and explore potential future uses that may align more closely with broader community needs: 36 Item 4. How often do you think the community center should be available for private events like weddings? - Frequently, as it is a good revenue source. - Occasionally, but priority should be given to community events. - Rarely or never, it should primarily serve public community functions. Do you believe that using the community center as a wedding venue is an effective use of taxpayer money? - Yes, it generates necessary revenue. - Unsure, I need more information on financial benefits. - No, taxpayer money should be used for more inclusive community services. What alternative uses would you propose for the community center that might better serve the needs of all residents? Would you support reallocating resources from hosting private events to expanding community programs such as educational workshops, health services, or youth activities? - Strongly support - Somewhat support - Do not support Looking to the future, how do you envision the role of the community center in Columbia Heights? What services or functions should it prioritize? Questions that can help understand the broader purpose and value of a community center for residents, focusing on their overall needs and how the community center can best serve them: What types of community-wide events would you like the community center to host? - Cultural festivals - Sports tournaments - Educational workshops - Social meetups What are the key facilities that a community center must have to effectively meet the needs of the community? 37 Item 4. Questions designed to gather opinions on funding options for the community center, including residents' willingness to support financial initiatives like increased taxes or bonds: How important do you think it is to have a community center in your area? - Very important - Somewhat important - Not important Would you support an increase in local taxes if it directly funded the construction of a new community center? - Definitely yes - Maybe - Definitely no Are you in favor of using city bonds to finance the building of the new community center? - Strongly favor - Somewhat favor - Oppose How much would you be willing to pay annually in additional taxes to support the community center? - Less than $75 - $75 to $150 - More than $150 What is your opinion on forming partnerships with local businesses to fund the community center? - Strongly in favor - Neutral - Opposed 38 Item 4. 39 Item 4. 40 Item 4. 41 Item 4. 42 Item 4. 43 Item 4. 44 Item 4. 45 Item 4. 46 Item 4. 47 Item 4. 48 Item 4. 49 Item 4. 50 Item 4. 51 Item 4. 52 Item 4. 53 Item 4. 54 Item 4. 55 Item 4. 56 Item 4. 57 Item 4. 58 Item 4. 59 Item 4. 60 Item 4. 61 Item 4. 62 Item 4. 63 Item 4. 64 Item 4. 65 Item 4. 66 Item 4. 67 Item 4. 68 Item 4. 69 Item 4. 70 Item 4. 71 Item 4. 72 Item 4. 73 Item 4. 74 Item 4. 75 Item 4. 76 Item 4. 77 Item 4. 78 Item 4. 79 Item 4. 80 Item 4. 81 Item 4. 82 Item 4. 83 Item 4. 84 Item 4. 85 Item 4. 1 THE MORRIS LEATHERMAN COMPANY City of Columbia Heights 3128 Dean Court Residential Survey Minneapolis, Minnesota 55416 FINAL JANUARY 2022 Hello, I'm ________ of the Morris Leatherman Company, a polling firm located in Minneapolis. We have been retained by the City of Columbia Heights to speak with a random sample of residents about the City. This survey is being conducted because the City Council and City Staff are interested in your opinions and suggestions about current and future city needs. I want to assure you that all individual responses will be held strictly confidential; only summaries of the entire sample will be reported. 1. Approximately how many years have LESS THAN TWO YEARS.....9% you lived in Columbia Heights? TWO TO FIVE YEARS......19% FIVE TO TEN YEARS......26% TEN TO TWENTY YEARS....15% 20 TO 30 YEARS.........13% OVER THIRTY YEARS......18% DON'T KNOW/REFUSED......0% 2. As things now stand, how long in LESS THAN TWO YEARS.....3% the future do you expect to TWO TO FIVE YEARS......10% live in Columbia Heights? FIVE TO TEN YEARS......13% OVER TEN YEARS.........16% REST OF LIFE...........46% DON'T KNOW/REFUSED.....12% 3. What do you like most about living DON’T KNOW/REFUSED......1% in Columbia Heights? NOTHING.................0% CONVENIENT LOCATION....11% CLOSE TO FAMILY........16% CLOSE TO JOB...........15% SAFE...................10% SMALL TOWN FEEL........15% PARKS AND TRAILS........6% NEIGHBORHOOD/HOUSING...14% CLOSE TO SHOPPING.......4% SCHOOLS.................3% QUIET AND PEACEFUL......2% SCATTERED...............3% 86 Item 4. 2 4. What do you think is the most DON’T KNOW/REFUSED......7% serious issue facing Columbia NOTHING................11% Heights today? HIGH TAXES.............12% RISING CRIME...........22% AGING INFRASTRUCTURE....9% PROPERTY MAINTENANCE....6% STREET MAINTENANCE.....13% AGING PARK SYSTEM.......6% LACK OF BUSINESSES......2% HOMELESS................3% LACK OF AFFORDABLE HOUSING.............2% SCATTERED...............7% 5. What is currently missing from the DON’T KNOW/REFUSED.....13% City of Columbia Heights which, if NOTHING................15% present, would greatly improve the COMMUNITY CENTER.......11% quality of life for residents? JOBS...................15% RESTAURANTS............12% RETAIL/SHOPS...........12% MORE PARKS/TRAILS.......6% UPDATED PARKS/TRAILS....6% SIDEWALKS...............2% SCATTERED...............8% 6. How would you rate the quality of EXCELLENT..............24% life in Columbia Heights – excel- GOOD...................66% lent, good, only fair, or poor? ONLY FAIR..............11% POOR....................0% DON'T KNOW/REFUSED......0% 7. Would you recommend living in the YES....................92% City of Columbia Heights to NO......................5% others? DON'T KNOW/REFUSED......4% Thinking about economic development and redevelopment.... I would like to read you a list of characteristics of a community. For each one, please tell me if you think Columbia Heights currently has too many or too much, too few or too little, or about the right amount. 87 Item 4. 3 MANY FEW/ ABOUT DK/ MUCH LITT RIGHT REF 8. Parks and open spaces? 4% 21% 75% 0% 9. Trails and bikeways? 5% 38% 52% 5% 10. Sidewalks? 2% 34% 65% 0% 11. Recreation programs? 3% 13% 73% 11% 12. Sports athletic fields, courts and ice rinks? 3% 26% 62% 10% 13. Playgrounds? 3% 16% 75% 6% 14. Library programs and services? 3% 7% 81% 10% 15. Are there any types of businesses you would like to see in the City of Columbia Heights? (IF “YES,” ASK:) What would that be? UNSURE, 2%; NO, 38%; RESTAURANTS, 18%; CLOTHING STORES, 2%; GROCERY STORE, 14%; BARS/NIGHTLIFE, 2%; BOUTIQUE RETAIL, 9%; COFFEE SHOPS, 2%; FITNESS CENTER, 2%; JOB PRODUCING, 4%; SCATTERED, 7%. 16. Do you support or oppose the City STRONGLY SUPPORT.......17% providing financial incentives to SUPPORT................65% attract specific types of develop- OPPOSE.................11% ment? (WAIT FOR RESPONSE) Do you STRONGLY OPPOSE.........2% feel strongly that way? DON'T KNOW/REFUSED......6% IF “OPPOSE” OR “STRONGLY OPPOSE,” ASK: (N=51) 17. Would you still oppose pro- YES....................45% viding financial incentives NO.....................41% if they could bring in desir- DON’T KNOW/REFUSED.....14% ed businesses and increase the city’s tax base? 18. How would you rate the general EXCELLENT..............13% appearance of homes in the city GOOD...................63% - excellent, good, only fair or ONLY FAIR..............23% poor? POOR....................0% DON'T KNOW/REFUSED......0% 19. How would you rate the general EXCELLENT..............11% appearance of multi-family rental GOOD...................43% properties the city – excellent, ONLY FAIR..............37% good, fair or poor? POOR....................8% DON'T KNOW/REFUSED......1% 88 Item 4. 4 20. Do you think the City has too many TOO MANY...............16% or too few rental properties or is TOO FEW................13% it about the right amount? ABOUT RIGHT AMOUNT.....64% DON’T KNOW/REFUSED......7% IF “TOO MANY,” ASK: (N=65) 21. What type of rental properties are you most concerned about? UNSURE, 3%; APARTMENTS, 29%; LOW INCOME, 29%; SINGLE FAMILY HOMES, 6%; LARGE MULTI-FAMILY HOMES, 15%; TOWNHOMES, 6%; CORPORATE OWNED SINGLE FAMILY HOMES, 3%; RUNDOWN PROPERTIES, 8%. 22. How would you rate general appear- EXCELLENT..............11% ance of business, industrial and GOOD...................66% commercial areas in the city – ONLY FAIR..............21% excellent, good, only fair or POOR....................2% poor? DON’T KNOW/REFUSED......0% For each of the following, please tell me whether the City is too tough, about right, or not tough enough in enforcing these city codes in your neighborhood. (ROTATE) TOO ABO NOT DK/ TOU RIG TOU REF 23. Storage of garbage and recycling cans? 1% 90% 10% 0% 24. Storage of lawn mowers and tools outside? 1% 91% 8% 0% 25. Junk vehicles? 4% 70% 25% 2% 26. Junk and debris in yards? 5% 56% 37% 2% 27. Storage of boats, trailers and non-motorized campers outside? 6% 74% 17% 4% 28. Long grass and weeds? 5% 72% 22% 1% 29. Deteriorating siding, foundation, doors, windows, roofing, painting, gutters and downspouts? 2% 62% 32% 4% 30. Loud noise after 9pm? 7% 71% 22% 0% 31. Winter parking restrictions and parking rules? 17% 59% 23% 2% 32. Vehicles parked in yards? 2% 79% 17% 2% Now, I would like to briefly re-read the list. 89 Item 4. 5 33. Please tell me which one, if any, of those code violations would you place as the top priority? Storage of garbage and recycling cans..............1% Storage of lawn mowers and tools outside.......................................0% Junk vehicles......................................9% Junk and debris in yards..........................15% Storage of boats, trailers and non-motorized campers outside.................6% Long grass and weeds...............................7% Deteriorating siding, foundation, doors, windows, roofing, painting, gutters and downspouts.............21% Loud noise after 9pm..............................13% Winter parking restrictions and other parking rules................................16% Vehicles parked in yards...........................6% NONE/DON’T KNOW/REFUSED............................7% Moving on.... I would like to read you a list of a few city services. For each one, please tell me whether you would rate the quality of the service as excellent, good, only fair, or poor? (ROTATE) EXCL GOOD FAIR POOR DK/R 34. Police services? 36% 58% 5% 0% 2% 35. Fire services? 48% 48% 1% 0% 3% 36. Garbage, recycling, composting and yard waste collection? 43% 48% 7% 2% 1% 37. Building inspections and permits? 11% 57% 11% 1% 20% 38. Utility billing? 14% 75% 9% 0% 3% 39. Top Valu Liquor stores? 21% 57% 11% 0% 11% 40. Park maintenance? 24% 60% 14% 1% 2% 41. City recreation programs? 21% 56% 10% 1% 12% 42. Code enforcement? 14% 53% 23% 2% 9% 43. Library services and programs? 30% 53% 6% 0% 12% Now, for the next five city services, please consider only their job on city-maintained streets and roads. That means excluding interstate highways, state and county roads that are taken care of by other levels of government. Hence, Highway 65, University Avenue and 40TH Avenue should not be considered. How would you rate .... 90 Item 4. 6 EXCL GOOD FAIR POOR DK/R 44. City street and alley maintenance? 11% 57% 28% 3% 1% 45. Snow plowing of city streets? 16% 60% 23% 2% 0% 46. Do you consider the city portion VERY HIGH...............5% of your property taxes to be SOMEWHAT HIGH..........25% very high, somewhat high, about ABOUT AVERAGE..........58% average, somewhat low, or very low SOMEWHAT LOW............3% in comparison with neighboring VERY LOW................1% cities? DON'T KNOW/REFUSED......9% 47. Would you favor or oppose an in- FAVOR..................80% crease in YOUR city property taxes OPPOSE.................12% if it were needed to maintain city DON'T KNOW/REFUSED......9% services at their current level? IF “OPPOSE,” ASK: (N=47) 48. What services would you be willing to see cut? UNSURE, 26%; NONE/CUT WASTE, 40%; STREET REPAIR, 2%; RECREATION PROGRAMS, 6%; PARK MAINTENANCE, 9%; CITY EVENTS, 2%; ACROSS THE BOARD, 15%. 49. And, would you favor or oppose an FAVOR..................40% increase in YOUR city property tax OPPOSE.................47% if it were used to improve and en- DON'T KNOW/REFUSED.....13% hance current city services? IF “FAVOR,” ASK: (N=160) 50. What services would you like to see improved or enhanced? UNSURE, 5%; STREET REPAIR, 32%; TRAILS, 2%; RECREATION PROGRAMS, 10%; RECREATION FACILITIES, 4%; PARK MAINTENANCE, 4%; SNOW PLOWING, 13%; SIDEWALKS, 6%; CODE ENFORCEMENT, 3%; SENIOR TRANSPORTATION, 3%; CITY EVENTS, 5%; POLICE, 5%; SCATTERED, 8%. 91 Item 4. 7 51. When you consider the property EXCELLENT..............12% taxes you pay and the quality of GOOD...................65% city services you receive, would ONLY FAIR..............17% you rate the general value of city POOR....................1% services as excellent, good, only DON'T KNOW/REFUSED......6% fair, or poor? 52. Prior to this survey, were you YES/YES................61% aware the Top Valu liquor stores YES/NO.................18% were owned and operated by the NO/YES.................13% City of Columbia Heights? (WAIT NO/NO...................7% FOR RESPONSE) Have you or members DON’T KNOW/REFUSED......2% of your household visited Top Valu stores? IF “NO/NO,” ASK: (N=29) 53. Does knowing the City owns YES....................24% and operates Top Valu liquor NO.....................76% stores make you more likely DON’T KNOW/REFUSED......0% to visit them? For garbage, recycling, composting and yard waste collection, the city contracts with Waste Management. 54. Overall, how would you rate Waste EXCELLENT..............43% Management’s collection service – GOOD...................37% excellent, good, only fair or ONLY FAIR..............12% poor? POOR....................6% DON’T KNOW/REFUSED......3% IF “GOOD,” “ONLY FAIR,” OR “POOR,” ASK: (N=218) 55. Why didn’t you rate the service as excellent? UNSURE, 2%; POOR CUSTOMER SERVICE, 10%; MESSY PICK- UPS, 12%; MISSED PICK-UPS, 34%; DISPLACED BINS, 7%; LIMIT ACCEPTED ITEMS, 12%; LATE PICK-UPS, 5%; HIGH RATES, 6%; LOOSE RULES, 4%; RUDE DRIVERS, 3%; SMALL TRASH BINS, 6%. 56. Have you or members of your house- YES....................65% hold visited the Columbia Heights NO.....................35% Library or participated in any of DON’T KNOW/REFUSED......1% the library’s online or in-person programs? 92 Item 4. 8 IF “YES,” ASK: (N=260) 57. Do you primarily use the ONLINE.................20% Library online or in-person? IN-PERSON..............64% BOTH (VOL.)............17% DON’T KNOW/REFUSED......0% IF “NO,” ASK: (N=138) 58. Why haven’t you visited or used the library services or programs? NOT INTERESTED, 26%; NO TIME, 20%; GO ELSEWHERE, 6%; NO NEED, 36%; COVID PANDEMIC, 6%; NOT AWARE OF SERVICES, 6%. For each of the following additional city services, please tell me if you were aware of it. (ROTATE) YES NO DKR 59. Home Energy Assessment service? 46% 54% 1% 60. Home Improvement loans? 43% 57% 1% 61. Recycling facility to dispose of items such as batteries and tires? 66% 33% 1% I am going to read you a list of priorities for City. 62. Please tell me which one do you think should be the highest priority for the City to focus on? (ROTATE AND READ LIST) CREATING AND IMPROVING COMMUNITY CONNECTIONS, SUCH AS NEIGHBORHOOD ASSOCIATIONS, COMMUNITY EVENTS AND ACTIVITIES AND EDUCATION AND ATHLETIC PROGRAMS...................................10% MAINTAINING AND IMPROVING INFRASTRUCTURE, SUCH AS ROADS, WATER AND SEWER......................32% IMPROVING PUBLIC SAFETY................................15% ECONOMIC DEVELOPMENT...................................19% EQUITY, EQUALITY AND ACCESSIBILITY......................6% PARKS, PLAYGROUNDS, TRAILS, RECREATION.................12% NEIGHBORHOOD CENTERS, LIBRARIES AND OTHER PUBLIC FACILITIES....................................5% SOMETHING ELSE..........................................1% DON’T KNOW/REFUSED......................................1% Thinking about another topic.... 93 Item 4. 9 63. Do you feel safe in the City of YES....................93% Columbia Heights? NO......................7% DON'T KNOW/REFUSED......1% IF "NO," ASK: (N=26) 64. In which areas do you not feel safe? EVERYWHERE, 12%; PARKS, 4%; CENTRAL AVENUE, 65%; UNIVERSITY AVENUE, 12%; COMMUNITY CENTER, 8%. 65. What would make you feel more safe? MORE POLICE PATROLS, 62%; STREET LIGHTS, 8%; REDUCING CRIME, 8%; FIX HOMELESSNESS, 4%; LOWER SPEED LIMITS, 15%; SCATTERED, 4%. 66. Do you feel safe in your immediate YES....................80% neighborhood walking alone at NO ....................18% night? DON'T KNOW/REFUSED......2% IF “NO,” ASK: (N=73) 67. What would make you feel more safe? NOTHING/NOT SAFE ANYWHERE, 29%; MORE POLICE PATROLS, 23%; STREET LIGHTS, 33%; REDUCING CRIME, 4%; MORE PEOPLE OUTSIDE, 7%; SCATTERED, 4%. 68. Do you feel safe using city parks YES....................94% and trails? NO......................4% DON’T KNOW/REFUSED......2% IF "NO,” ASK: (N=17) 69. In which parks and trails do you not feel safe? ALL, 53%; SULLIVAN PARK, 12%; SCATTERED, 35%. 70. What would make you feel more safe? UNSURE, 12%; MORE POLICE PATROLS, 35%; STREET LIGHTS, 18%; REDUCING CRIME, 12%; NO LOITERING YOUTH, 12%; MORE ANIMAL CONTROL, 6%; MORE PEOPLE OUTSIDE, 6%. 94 Item 4. 10 71. Do you feel safe using the City’s YES....................96% Library, Murzyn Hall and other NO......................2% city buildings? DON’T KNOW/REFUSED......2% IF “NO,” ASK: 72. What would make you feel more safe? UNSURE, 25%; MORE POLICE PATROLS, 63%; NO LOITERING YOUTH, 13%. 73. How would you rate the amount of TOO MUCH................1% police patrolling – too much, ABOUT RIGHT AMOUNT.....77% about the right amount or not NOT ENOUGH.............21% enough? DON'T KNOW/REFUSED......1% 74. How would you rate the amount of TOO MUCH................0% traffic enforcement by the police ABOUT RIGHT AMOUNT.....70% -- too much, about right amount or NOT ENOUGH.............29% or not enough? DON'T KNOW/REFUSED......1% 75. Have you or anyone in your house- YES....................28% hold had contact with the Police NO.....................72% Department in the past year? DON'T KNOW/REFUSED......0% IF "YES," ASK: 76. How would you rate your con- EXCELLENT..............52% tact – excellent, good, only GOOD...................44% fair or poor? ONLY FAIR...............3% POOR....................2% DON’T KNOW/REFUSED......0% IF “ONLY FAIR” OR “POOR,” ASK: (N=5) 77. Why did you rate the contact as (only fair/poor)? SLOW RESPONSE TIME, 20%; RACIAL PROFILING, 40%; JUDGEMENTAL, 40%. Continuing.... 78. Have you or members of your house- YES....................35% hold participated in any City NO.....................65% park and recreation programs? DON'T KNOW/REFUSED......0% IF "YES," ASK: (N=140) 95 Item 4. 11 79. Which ones? UNSURE, 1%; SOCCER, 9%; FOOTBALL, 3%; BASKETBALL, 9%; BASEBALL/SOFTBALL, 9%; FITNESS CLASSES, 13%; ADULT ENRICHMENT, 2%; VOLLEYBALL, 7%; HOBBY CLASSES, 5%; GOLF, 4%; MARTIAL ARTS, 7%; MUSIC/MOVIES IN PARK, 7%; DANCE, 3%; SPECIAL EVENTS, 7%; OTHER YOUTH SPORTS, 3%; ART FAIR, 7%; SENIOR, 2%; SCATTERED, 2%. 80. Overall, how would you rate EXCELLENT..............47% the program – excellent, GOOD...................46% good, only fair or poor? ONLY FAIR...............6% POOR....................0% DON’T KNOW/REFUSED......0% IF “NO” IN QUESTION #78, ASK: 81. Why hasn’t your household participated in any of these programs? NO INTEREST, 43%; NO TIME, 24%; AGE/HEALTH, 17%; NO CHILDREN, 3%; NOT AWARE, 4%; COVID PANDEMIC, 6%; SCATTERED, 3%. 82. Are there any park and recreation programs you would like to see offered or expanded? UNSURE, 4%; NO, 75%; FITNESS, 2%; YOUTH SPORTS, 5%; SCATTERED, 14%. 83. How would you rate park and rec- EXCELLENT..............15% reational facilities and amenities GOOD...................69% in Columbia Heights -- excellent, ONLY FAIR..............11% good, only fair or poor? POOR....................1% DON'T KNOW/REFUSED......5% 84. How would you rate the maintenance EXCELLENT..............17% and upkeep of park and recreation GOOD...................62% facilities in Columbia Heights – ONLY FAIR..............17% excellent, good, only fair or POOR....................1% poor? DON’T KNOW/REFUSED......4% I will now read you a list of park and recreational facilities and amenities within the City of Columbia Heights. First, for each one, please tell me if you or members of your household have used it during the past year. Then, for those you have used, please rate it as excellent, good, only fair, or poor.... 96 Item 4. 12 NOT EXC GOO FAI POR DKR 85. Neighborhood and community parks? 6% 25% 60% 8% 1% 1% 86. Trails? 16% 18% 53% 11% 1% 2% 87. Athletic fields used for soccer and football? 53% 9% 27% 7% 0% 4% 88. Ballfields for softball and baseball? 52% 11% 28% 5% 0% 4% 89. Courts for basketball and tennis? 50% 7% 24% 13% 1% 6% 90. Green spaces and natural areas? 18% 31% 39% 9% 1% 3% 91. Picnic shelters? 28% 15% 44% 12% 0% 1% 92. Playgrounds? 37% 10% 40% 10% 1% 3% 93. Murzyn Hall? 43% 9% 29% 12% 2% 5% 94. Outdoor ice skating rinks? 56% 7% 23% 9% 0% 6% 95. In general, do you feel existing YES....................89% recreational facilities and amen- NO......................7% ities offered by the City meet the DON’T KNOW/REFUSED......5% needs of you and members of your household? IF "NO," ASK: (N=26) 96. What additional recreational facilities and amenities would you like to see in city parks? HANDICAP ACCESSIBLE, 15%; MORE TRAILS, 27%; PICNIC SHELTERS, 8%; COMMUNITY CENTER, 4%; SENIOR FITNESS, 8%; DOG PARK, 4%; INDOOR SPORTS DOME, 8%; POOL, 15%; YOUTH SPORTS FACILITIES, 12%. For each of the following, please tell me if you would strongly support a property tax increase for that purpose, somewhat support, somewhat oppose or strongly oppose a property tax increase. (ROTATE) STS SMS SMO STO DKR 97. Construction of a new Recreation Center? 31% 46% 17% 4% 2% 98. Renovation of Murzyn Hall recreation building? 34% 39% 16% 4% 8% 99. Renovation of City parks? 44% 40% 11% 3% 2% 100. Funding for public art and beauti- fication projects? 41% 40% 11% 5% 3% Suppose the City of Columbia Heights proposed a bond referendum for park and recreation facility and trail renovations and 97 Item 4. 13 improvements. Residents would be asked to fund the bond through a property tax increase for a twenty year period. 101. How much would you be willing to NOTHING................16% see your property taxes increase $3.00..................29% to fund these improvements? Let's $6.00..................27% say, would you be willing to see $9.00..................10% your monthly property taxes in- $12.00..................3% crease by $____? (CHOOSE RANDOM $15.00..................3% STARTING POINT; MOVE UP OR DOWN OVER $15.00.............2% DEPENDING ON RESPONSE) How about DON'T KNOW/REFUSED.....11% $____ per month? Moving on...... The City currently has many City-funded community events, such as Music in the Park, Movies in the Park, Truck or Treat, the Community Art and Info Fair, the Fire Department Open House and Snowblast. 102. During the past three years, have NO....................38% you or other members of your YES/EXCELLENT.........45% household participated in any YES/GOOD..............16% of these community events? (IF YES/ONLY FAIR..........2% “YES,” ASK:) How would you rate YES/POOR...............0% the event – excellent, good, only DON’T KNOW/REFUSED.....0% fair or poor? IF “GOOD,” “ONLY FAIR,” OR POOR,” ASK: (N=70) 103. What changes or improvements would you suggest to make the events excellent? UNSURE, 16%; NOTHING, 16%; MORE RESTROOMS, 14%; MORE VENDORS, 13%; MORE SEATING, 10%; MORE CULTURAL EVENTS, 22%; WIDER VARIETY, 9%. IF “NO,” ASK: (N=150) 104. Why hasn’t your household participated in any of these events? UNSURE, 1%; NO INTEREST, 32%; NO TIME, 12%; AGE/HEALTH, 21%; NOT AWARE, 17%; NO CHILDREN, 4%; COVID PANDEMIC, 6%; NOT ENOUGH FOR ADULTS, 3%; SCATTERED, 4%. 98 Item 4. 14 Moving on.... 105. How much do you feel you know A GREAT DEAL............9% about the work of the Mayor and A FAIR AMOUNT..........42% City Council -- a great deal, a VERY LITTLE............39% fair amount, very little, or none NONE AT ALL.............9% at all? DON'T KNOW/REFUSED......1% 106. From what you know, do you approve STRONGLY APPROVE.......15% or disapprove of the job the Mayor APPROVE................68% and City Council are doing? (WAIT DISAPPROVE..............5% FOR RESPONSE) And do you feel STRONGLY DISAPPROVE.....1% strongly that way? DON'T KNOW/REFUSED.....11% The City of Columbia Heights has a Library Board and six Commissions, including the Charter, Planning, Traffic, Youth, Park and Recreation, made of residential volunteers. 107. Would you ever consider volunteer- YES....................30% ing to be on one of these Boards NO.....................64% or Commissions? DON’T KNOW/REFUSED......6% IF “NO,” ASK: (N=257) 108. What is the main reason you wouldn’t be interested in volunteering for these? NO INTEREST, 41%; NO TIME, 36%; AGE/HEALTH, 18%; NOT AWARE, 2%; SCATTERED, 3%. 109. How much first-hand contact have QUITE A LOT.............2% you had with Columbia Heights City SOME...................38% staff -- quite a lot, some, very VERY LITTLE............43% little, or none at all? NONE AT ALL............17% DON'T KNOW/REFUSED......0% 110. From your experience, how would EXCELLENT..............24% you rate the job performance of GOOD...................58% Columbia Heights City staff – ex- ONLY FAIR...............8% cellent, good, only fair or poor? POOR....................0% DON'T KNOW/REFUSED.....11% Changing topics.... 99 Item 4. 15 111. How would you rate the ease of EXCELLENT..............47% getting from place to place in the GOOD...................38% City of Columbia Heights – excel- ONLY FAIR..............12% lent, good, only fair or poor? POOR....................3% DON’T KNOW/REFUSED......1% IF “GOOD,” “ONLY FAIR” OR “POOR,” ASK: (N=211) 112. What would make it easier for you to get from place to place within the city? UNSURE, 13%; NOTHING, 11%; BETTER TIMED STOPLIGHTS, 10%; FEWER STOP SIGNS, 4%; HANDICAP ACCESSIBLE, 4%; BETTER PLOWING, 4%; MORE SIDEWALKS, 6%; MORE PUBLIC TRANSPORTATION, 11%; BETTER SIGNAGE, 4%; BETTER STREET MAINTENANCE, 14%; SENIOR TRANSIT, 2%; LESS TRAFFIC, 2%; LESS CONSTRUCTION, 4%; MORE TRAILS, 3%; BETTER DRIVERS, 2%; SCATTERED, 6%. 113. Excluding gasoline, what do you consider to be your princi- pal retail shopping area? NONE, 2%; FRIDLEY TARGET, 25%; FRIDLEY CUB, 8%; ROSEDALE, 4%; COLUMBIA HEIGHTS ALDI, 14%; ONLINE SHOPPING, 5%; COLUMBINA HEIGHTS CENTRAL AVENUE, 18%; SAINT ANTHONY SILVER LAKE, 6%; FRIDLEY WALMART, 8%; COLUMBIA HEIGHTS MENARDS, 5%; SCATTERED, 5%. 114. Do you leave the city for dining and entertainment? (IF “YES,” ASK;) What city do you usually go to? NO, 37%; MINNEAPOLIS, 22%; SAINT PAUL, 5%; ROSEVILLE, 7%; FRIDLEY, 13%; MAPLE GROVE, 2%; BROOKLYN CENTER, 5%; SCATTERED, 9%. Moving on...... 115. What is your principal source of information about Columbia Heights City Government and its activities? UNSURE/NONE, 2%; CITY NEWSLETTER, 37%; CITY WEBSITE, 26%; WORD OF MOUTH, 8%; LOCAL NEWSPAPER, 13%; SOCIAL MEDIA, 8%; MAILINGS, 5%; SCATTERED, 2%. 100 Item 4. 16 116. How would you prefer to receive information about Columbia Heights City Government and its activities? UNSURE/NONE, 1%; CITY NEWSLETTER, 40%; E-MAIL, 6%; CITY WEBSITE, 21%; WORD OF MOUTH, 4%; LOCAL NEWSPAPER, 11%; SOCIAL MEDIA, 7%; MAILINGS, 8%; SCATTERED, 2%. 117. During the past year, did you re- NO.....................11% ceive the City’s quarterly news- YES/YES................75% letter and recreation brochure? YES/NO.................13% (IF “YES,” ASK:) Do you or any DON’T KNOW/REFUSED......0% members of your household regu- larly read it? IF “YES/YES,” ASK: (N=299) 118. Overall, how would you rate EXCELLENT..............26% the newsletter and brochure GOOD...................65% -- excellent, good, only ONLY FAIR...............7% fair, or poor? POOR....................0% DON'T KNOW/REFUSED......2% 119. Do you have access to the internet HOME ONLY..............36% at home? (WAIT FOR RESPONSE) Do WORK ONLY...............1% you have access to the Internet BOTH...................56% at work? NEITHER.................8% DON'T KNOW/REFUSED......0% IF “NEITHER,” ASK: (N=30) 120. Why don’t you have access to the internet? UNSURE, 7%; NO INTEREST, 37%; AGE/HEALTH, 17%; COST IS TOO HIGH, 23%; DON’T TRUST, 10%; DON’T KNOW HOW, 7%. IF "HOME ONLY," "WORK ONLY," OR "BOTH", ASK: (N=370) 121. Have you accessed the City's NO.....................31% website in the past six YES/COMPUTER...........35% months? (IF “YES,” ASK:) YES/MOBILE DEVICE......18% Did you access the website on YES/BOTH (VOL.)........15% a computer or mobile device? DON'T KNOW/REFUSED......0% IF "YES," ASK: (N=254) 101 Item 4. 17 122. How would you rate the EXCELLENT..............17% ease of navigating the GOOD...................71% website -- excellent, ONLY FAIR...............9% good, only fair, or POOR....................3% poor? DON'T KNOW/REFUSED......0% 123. Have you used the City’s on- YES....................70% line payment system to pay NO.....................29% your utility bills? DON’T KNOW/REFUSED......0% IF “NO,” ASK: (N=108) 124. Why have you not paid your utility bill online? UNSURE, 9%; DON’T TRUST, 3%; DON’T KNOW HOW, 3%; NOT AWARE, 2%; INCLUDED IN RENT, 14%; PREFER OTHER PAYMENT METHODS, 69%. The City uses social media, such as Twitter, Facebook, Instagram and YouTube, as an additional method of communicating with residents.... 125. Have you used any of the City’s YES....................32% social media? NO.....................68% DON’T KNOW/REFUSED......0% IF “YES,” ASK: (N=129) 126. How would you rate the City’s EXCELLENT..............16% social media –- excellent, GOOD...................75% Good, only fair or poor? ONLY FAIR...............9% POOR....................0% DON’T KNOW/REFUSED......0% 127. Overall, how would you rate the EXCELLENT..............20% job the City does communicating GOOD...................63% with residents -- excellent, good, ONLY FAIR..............14% only fair, or poor? POOR....................2% DON'T KNOW/REFUSED......1% Finally, just a few more questions for demographic purposes.... Could you please tell me how many people in each of the following age groups live in your household. 102 Item 4. 18 128. Persons 65 or over? NONE...................74% ONE....................11% TWO OR MORE............16% REFUSED.................0% IF ONE OR MORE, ASK: (N=105) 129. Have you or any members of YES....................29% your household participated NO.....................71% in any senior programs DON’T KNOW/REFUSED......1% offered by the City of Columbia Heights? 130. Are there any additional senior programs you would like to see by offered by the City? (IF “YES,” ASK:) What would those be? UNSURE, 4%; NO, 85%; GARDENING, 2%; TRANSPORTATION, 4%; SCATTERED, 5%. 131. School-aged children and pre- NONE...................74% schoolers? ONE.....................7% TWO....................12% THREE OR MORE...........7% REFUSED.................0% 132. Do you own or rent your current OWN....................68% residence? RENT...................32% DON’T KNOW/REFUSED......0% 133. Which of the following categories AFRICAN.................2% represents your ethnicity – Afri- AFRICAN AMERICAN.......19% can, African-American, American AMERICAN INDIAN.........1% Indian, Asian, Asian-American, ASIAN...................1% Hispanic-Latino, Pacific Islander, ASIAN AMERICAN..........4% White or something else? HISPANIC-LATINO........10% (IF "SOMETHING ELSE," ASK:) PACIFIC ISLANDER........1% What would that be? WHITE..................60% MIXED/BI-RACIAL.........2% DON'T KNOW..............0% REFUSED.................1% 134. What is the primary language ENGLISH................88% spoken in your home? SPANISH.................7% SOMALI..................2% HMONG...................2% SCATTERED...............2% 103 Item 4. 19 135. What is your age, please? 18-24...................7% (READ CATEGORIES, IF NEEDED) 25-34..................20% 35-44..................19% 45-54..................14% 55-64..................15% 65 AND OVER............25% REFUSED.................0% 136. Does anyone in your household have YES....................16% a physical limitation which makes NO.....................84% it difficult to access city DON’T KNOW/REFUSED......0% services? 137. Finally, thinking about your STATEMENT A.............4% household finances, how would you STATEMENT B............34% describe your financial situation, STATEMENT C............44% would you say that -- STATEMENT D............18% A) Your monthly expenses are ex- DON'T KNOW/REFUSED......1% ceeding your income; B) You are meeting your monthly expenses but are putting aside little or no savings; C) You are managing comfortably while putting some money aside; D) Managing very well? 138. What is your gender identity? MALE...................49% FEMALE.................50% NON-BINARY..............1% 139. REGION OF CITY (FROM LIST) ONE....................17% TWO....................13% THREE..................12% FOUR...................14% FIVE...................12% SIX....................10% SEVEN..................12% EIGHT..................11% 104 Item 4. ITEM: Bituminous Paving of Two City Lots DEPARTMENT: Administration BY/DATE: City Manager / May 2, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _ Thriving and Vibrant Destination Community X Strong Infrastructure and Public Services X Sustainable BACKGROUND: In 2019 and 2020, staff presented a layout for an overflow parking lot for the Library. With the successful redevelopment of the NE Business Center to the new City Hall and Ratio, additional parking will supplement not only library functions and programs but also adjacent business es and city hall overflow. COVID and the development/construction of the cell tower delayed the implementation of the original layout and paving. SUMMARY OF CURRENT STATUS: Now updated, Approximately 35 - 40 new spaces will be constructed in the space available on the east side of the existing parking lot. A single entrance will be provided off the access drive from 39th Avenue that connects to Central. An isle access will also be provided to the cell tower to separate access to that site. Proposed project funding is from the Library fund and other City funds. Additionally, the lot at the northeast area of the City Hall site also needs to be graded for drainage and paved as it is currently gravel. Approximately 14 - 15 new parking spaces will be constructed adjacent to the new building. Plans and specifications for both lots, including storm water utilities for drainage and an infiltration basin for treatment at the library lot, are nearing completion. Bids will then be presented for approval by the Council. STAFF RECOMMENDATION: Staff recommends authorization of the paving of two City owned lots at the Library and City Hall sites. ATTACHMENT(S): None CITY COUNCIL WORK SESSION MEETING AGENDA SECTION WORK SESSION ITEM MEETING DATE MAY 6, 2024 105 Item 5. ITEM: Polling Place Locations. (10 Minutes) DEPARTMENT: Administration BY/DATE: Kevin Hansen 4/25/2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) X Healthy and Safe Community X Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community X Strong Infrastructure and Public Services _Sustainable BACKGROUND: Cities must hold their officer elections in the fall of either even or odd numbered years (but not both) at local option. The general elections occur on the first Tuesday after the first Monday in November. Cities have the option to hold a primary election; if held, it must be on the second Tuesday in August, and the election calendar is essentially the same as for state elections. School districts are required to conduct their board elections in November of either even or odd numbered years. If a school district is holding an election at the same time as a city election or a state primary or state general election, the city clerks in the school district will in effect be conducting the election for the school district. The school district will still take the candidate filings for school board office, prepare and supply a school district optical scan ballot, and canvass the results of the election. The city, however, is responsible for all other facets of the election including election judges, and polling locations. If the election is not held with the state election, but is held in conjunction with a city election, the city is also responsible for optical scan ballot preparation, and absentee ballots. The city may bill the school district for a fair share of conducting the election. The OSS has developed a Cost Allocation Procedure for election expenses that can be used as the basis for billing election costs. The City of Columbia Heights has eight voting precincts that fall into two separate legislative districts. Any updates or changes to precinct boundaries must occur by resolution by December 31st of the previous year. Per City Clerk Election Guidelines: Precinct boundaries are established by the governing body of each municipality, and the county board in unorganized territories. City councils and township boards establish precinct boundaries as the result of various requirements in state statutes and also to suit the needs of the community. At a minimum, each municipality must be at least one precinct; additional precincts are necessary if the municipality is divided by a county, county commissioner, legislative or congressional district boundary. Within these broad requirements, municipalities may create as many or as few precincts as suits the community. Precincts are not tied to CITY COUNCIL WORK SESSION MEETING AGENDA SECTION WORK SESSION ITEM MEETING DATE MAY 5, 2024 106 Item 6. City of Columbia Heights - Council Letter Page 2 population size. However, precincts sized much beyond 1,500 registered voters become difficult to manage . Precinct lines must not cross city, ward, county, county commissioner, legislative or congressional district boundaries. A municipality or county may establish new election precincts lying entirely within the boundaries of any existing precinct and shall assign names to the new precincts which include the name of the former precinct. SUMMARY OF CURRENT STATUS: On April 2, 2024, ISD 13 (Columbia Heights) Superintendent Stenvick sent correspondence to Minnesota Election Officials requesting that school buildings not be used as polling places in the future. The correspondence affirms that MN State Statute 204B.16 provides for public schools (including K-12, colleges, and universities) to be used as polling locations. Relevant excerpts of 204B.16 follow: 204B.16 POLLING PLACES; DESIGNATION. Subdivision 1. Authority; location. (a) By December 31 of each year, the governing body of each municipality and of each county with precincts in unorganized territory must designate by ordinance or resolution any changes to a polling place location. A polling place must be maintained for the following calendar year unless changed: (1) by ordinance or resolution by December 31 of the previous year; (2) pursuant to section 204B.175; (3) because a polling place has become unavailable; (4) because a township designates one location for all state, county, and federal elections and one location for all township only elections; and (5) pursuant to section 204B.14, subdivision 3. (b) Polling places must be designated and ballots must be distributed so that no one is required to go to more than one polling place to vote in a school district and municipal election held on the same day. The polling place for a precinct in a city or in a school district located in whole or in part in the metropolitan area defined by section 200.02, subdivision 24, shall be located within the boundaries of the precinct or within one mile of one of those boundaries unless a single polling place is designated for a city pursuant to section 204B.1 4, subdivision 2, or a school district pursuant to section 205A.11. The polling place for a precinct in unorganized territory may be located outside the precinct at a place which is convenient to the voters of the precinct. If no suitable place is available within a town or within a school district located outside the metropolitan area defined by section 200.02, subdivision 24, then the polling place for a town or school district may be located outside the town or school district within five miles of one of the boundaries of the town or school district. Subd. 6. Public facilities. Every statutory city, home rule charter city, county, town, school district, and other public agency, including the University of Minnesota and other public colleges and universities, shall make their facilities, including parking, available for the holding of city, county, school district, state, and federal elections, subject to the approval of the local election official. A charge for the use of the facilities may be im posed in an amount that does not exceed the lowest amount charged to any public or private group. 107 Item 6. City of Columbia Heights - Council Letter Page 3 STAFF RECOMMENDATION: Staff recommends that review of polling locations occur after the 2024 election concludes so that various statistics can be analyzed to make the best adjustments for our community for the 2026 election cycle and forward. These adjustments would factor in the following concerns:  Upcoming development projects occurring in Precinct 2 and 7;  Trend of registered voters since the last statewide election;  Trend of absentee voters; and  Availability of alternate facilities that can accommodate a high volume of voters and is also in compliance with state and federal laws regarding accessibility for elderly and disabled voters. ATTACHMENT(S): April 2, 2024, ISD 13 Correspondence to MN Election Officials MN State Statute 204B.16 Polling Place; Designation. City Clerk Election Guide (Highlighted re Polling Place and Precinct Details) March 5, 2024 Presidential Primary Statistics Columbia Heights Poling Locations 2020 Anoka County Panhandle Population Map MN Legislative District 39A MN Legislative District 39B 108 Item 6. 3   109 Item 6. 204B.16 POLLING PLACES; DESIGNATION.​ Subdivision 1.Authority; location.(a) By December 31 of each year, the governing body of each​ municipality and of each county with precincts in unorganized territory must designate by ordinance or​ resolution any changes to a polling place location. A polling place must be maintained for the following​ calendar year unless changed:​ (1) by ordinance or resolution by December 31 of the previous year;​ (2) pursuant to section 204B.175;​ (3) because a polling place has become unavailable;​ (4) because a township designates one location for all state, county, and federal elections and one location​ for all township only elections; and​ (5) pursuant to section 204B.14, subdivision 3.​ (b) Polling places must be designated and ballots must be distributed so that no one is required to go to​ more than one polling place to vote in a school district and municipal election held on the same day. The​ polling place for a precinct in a city or in a school district located in whole or in part in the metropolitan​ area defined by section 200.02, subdivision 24, shall be located within the boundaries of the precinct or​ within one mile of one of those boundaries unless a single polling place is designated for a city pursuant to​ section 204B.14, subdivision 2, or a school district pursuant to section 205A.11. The polling place for a​ precinct in unorganized territory may be located outside the precinct at a place which is convenient to the​ voters of the precinct. If no suitable place is available within a town or within a school district located outside​ the metropolitan area defined by section 200.02, subdivision 24, then the polling place for a town or school​ district may be located outside the town or school district within five miles of one of the boundaries of the​ town or school district.​ Subd. 1a.Notice to voters.If the location of a polling place has been changed, the governing body​ establishing the polling place shall send to every affected household with at least one registered voter in the​ precinct a nonforwardable mailed notice stating the location of the new polling place at least 25 days before​ the next election. The secretary of state shall prepare a sample of this notice. A notice that is returned as​ undeliverable must be forwarded immediately to the county auditor. This subdivision does not apply to a​ polling place location that is changed on election day under section 204B.175.​ Subd. 2.[Repealed, 1994 c 607 s 7]​ Subd. 3.Designation effective until changed.The designation of a polling place pursuant to this section​ shall remain effective until a different polling place is designated for that precinct. No designation of a new​ or different polling place shall become effective less than 90 days prior to an election, including school​ district elections or referenda, and no polling place changes may occur during the period between the state​ primary and the state general election, except that a new polling place may be designated to replace a polling​ place that has become unavailable for use.​ Subd. 4.Prohibited locations.No polling place shall be designated in any place where intoxicating​ liquors or nonintoxicating malt beverages are served or in any adjoining room. No polling place shall be​ designated in any place in which substantial compliance with the requirements of this chapter cannot be​ attained.​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 204B.16​MINNESOTA STATUTES 2023​1​ 110 Item 6. Subd. 5.Access by elderly and persons with disabilities.Each polling place shall be accessible to and​ usable by elderly individuals and individuals with disabilities. A polling place is deemed to be accessible​ and usable if it complies with the standards in paragraphs (a) to (f).​ (a) At least one set of doors must have a minimum width of 32 inches if the doors must be used to enter​ or leave the polling place.​ (b) Any curb adjacent to the main entrance to a polling place must have curb cuts or temporary ramps.​ Where the main entrance is not the accessible entrance, any curb adjacent to the accessible entrance must​ also have curb cuts or temporary ramps.​ (c) Where the main entrance is not the accessible entrance, a sign shall be posted at the main entrance​ giving directions to the accessible entrance.​ (d) At least one set of stairs must have a temporary handrail and ramp if stairs must be used to enter or​ leave the polling place.​ (e) No barrier in the polling place may impede the path of persons with disabilities to the voting booth.​ (f) At least one parking space for persons with disabilities, which may be temporarily so designated by​ the municipality for the day of the election, must be available near the accessible entrance.​ The doorway, handrails, ramps, and disabled parking provided pursuant to this subdivision must conform​ to the standards specified in the State Building Code for accessibility by persons with disabilities.​ A governing body shall designate as polling places only those places which meet the standards prescribed​ in this subdivision unless no available place within a precinct is accessible or can be made accessible.​ Subd. 6.Public facilities.Every statutory city, home rule charter city, county, town, school district, and​ other public agency, including the University of Minnesota and other public colleges and universities, shall​ make their facilities, including parking, available for the holding of city, county, school district, state, and​ federal elections, subject to the approval of the local election official. A charge for the use of the facilities​ may be imposed in an amount that does not exceed the lowest amount charged to any public or private group.​ Subd. 7.Appropriate facilities.The facilities provided in accordance with subdivision 6 shall be​ sufficient in size to accommodate all election activities and the requirements of subdivision 5. The space​ must be separated from other activities within the building. The local election official may approve space​ in two connecting rooms for registration and balloting activities. Except in the event of an emergency making​ the approved space unusable, the public facility may not move the election from the space approved by the​ local election official without prior approval. In addition to the requirements of subdivision 5, the public​ facility must make remaining parking spaces not in use for regularly scheduled activities available for voters.​ History: 1981 c 29 art 4 s 16; 1983 c 124 s 4; 1984 c 471 s 5; 1985 c 307 s 1; 1987 c 266 art 1 s 25;​ 1991 c 227 s 12,13; 1991 c 349 s 36,37; 1992 c 474 s 1; 1993 c 223 s 10; 1997 c 147 s 29,30; 2000 c 467​ s 16; 2004 c 293 art 2 s 18; 2005 c 56 s 1; 2005 c 156 art 6 s 35,36; 2008 c 244 art 1 s 11; 2017 c 92 art 1​ s 14; art 2 s 8; 1Sp2021 c 12 art 4 s 8; 2023 c 62 art 4 s 78​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 2​MINNESOTA STATUTES 2023​204B.16​ 111 Item 6. 2022 City Clerk Election Guide Office of the Minnesota Secretary of State – Elections Division 180 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, MN 55155 Phone: (651) 215-1440 Toll Free: 1-877-600-8683 Minnesota Relay Service: 1-800-627-3529 Email: elections.dept@state.mn.us Website: www.sos.state.mn.us 112 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 2 113 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 3 TABLE OF CONTENTS ABBREVIATED ELECTION ADMINISTRATION CALENDAR ......................................................................................................7 MAY .................................................................................................................................................................................7 JUNE.................................................................................................................................................................................7 JULY..................................................................................................................................................................................7 AUGUST...........................................................................................................................................................................7 SEPTEMBER......................................................................................................................................................................8 OCTOBER .........................................................................................................................................................................8 NOVEMBER......................................................................................................................................................................8 DECEMBER.......................................................................................................................................................................8 JANUARY..........................................................................................................................................................................8 LIST OF ELECTION ACTIVITIES BY MONTH ............................................................................................................................9 JANUARY..........................................................................................................................................................................9 FEBRUARY........................................................................................................................................................................9 MARCH.............................................................................................................................................................................9 APRIL................................................................................................................................................................................9 MAY .................................................................................................................................................................................9 JUNE...............................................................................................................................................................................10 JULY................................................................................................................................................................................10 AUGUST.........................................................................................................................................................................10 SEPTEMBER....................................................................................................................................................................10 OCTOBER .......................................................................................................................................................................10 NOVEMBER....................................................................................................................................................................10 DECEMBER.....................................................................................................................................................................10 1.0 INTRODUCTION ............................................................................................................................................................11 2.0 ELECTION ADMINISTRATOR TRAINING & CERTIFICATION............................................................................................13 2.1 INITIAL CERTIFICATION............................................................................................................................................13 2.2 ANNUAL CERTIFICATION MAINTENANCE................................................................................................................13 2.3 CITY CLERK ELECTION ADMINISTRATION TRAINING AREAS ....................................................................................13 2.4 ALTERNATE TRAINING .............................................................................................................................................14 3.0 PRECINCTS....................................................................................................................................................................15 3.1 WHAT ARE PRECINCTS?...........................................................................................................................................15 3.2 PRECINCT BOUNDARY CHANGES.............................................................................................................................15 3.3 ANNEXATIONS & PRECINCT BOUNDARY CHANGES.................................................................................................16 3.4 MAPS & DATA..........................................................................................................................................................16 3.5 HOUSE NUMBER & STREET ADDRESS CHANGES .....................................................................................................17 4.0 POLLING PLACES...........................................................................................................................................................19 4.1 DESIGNATION ..........................................................................................................................................................19 4.2 RECOMMENDATIONS FOR POLLING PLACES DURING A PANDEMIC.......................................................................19 4.2.1 POLLING PLACE GUIDELINES IN A PANDEMIC..................................................................................................19 4.2.2 STATION & SCENARIO-SPECIFIC GUIDELINES IN A PANDEMIC: .......................................................................20 4.2.3 POLLING PLACE LAYOUT & SANITATION IN A PANDEMIC:...............................................................................20 4.2.4 INCREASED USE OF CURBSIDE VOTING IN A PANDEMIC: ................................................................................21 4.3 EMERGENCY DESIGNATION.....................................................................................................................................21 4.3.1 CHANGING POLLING PLACE DUE TO AN EMERGENCY.....................................................................................21 4.3.2 EMERGENCY CHANGE OF POLLING PLACE NOTICE..........................................................................................21 4.3.3 EMERGENCY CHANGE OF POLLING PLACE NOTICE ON ELECTION DAY............................................................22 4.4 COMBINED POLLING PLACE.....................................................................................................................................22 4.5 VOTER NOTIFICATION..............................................................................................................................................23 4.0 POLLING PLACES ...........................................................................................................................................................19 3.0 PRECINCTS ....................................................................................................................................................................15 3.1 WHAT ARE PRECINCTS?...........................................................................................................................................15 3.2 PRECINCT BOUNDARY CHANGES .............................................................................................................................15 3.3 ANNEXATIONS & PRECINCT BOUNDARY CHANGES .................................................................................................16 3.4 MAPS & DATA ..........................................................................................................................................................16 3.5 HOUSE NUMBER & STREET ADDRESS CHANGES .....................................................................................................17 114 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 4 4.6 POLLING PLACE ACCESSIBILITY................................................................................................................................ 23 4.7 POLLING PLACE MATERIALS & EQUIPMENT............................................................................................................ 24 4.8 ELECTION SUPPLIES/COSTS..................................................................................................................................... 24 5.0 ELECTION JUDGES........................................................................................................................................................ 25 5.1 ELECTION JUDGE QUALIFICATIONS......................................................................................................................... 25 5.2 STUDENT ELECTION JUDGE TRAINEES .................................................................................................................... 25 5.3 APPOINTING ELECTION JUDGES.............................................................................................................................. 26 5.3.1 COUNTY LISTS.................................................................................................................................................. 26 5.3.2 APPOINTMENT BY CITY COUNCIL.................................................................................................................... 26 5.3.3 PARTY BALANCE............................................................................................................................................... 26 5.3.4 REQUIRED NUMBER OF ELECTION JUDGES..................................................................................................... 26 5.3.5 HEAD ELECTION JUDGE ................................................................................................................................... 27 5.3.6 HEALTH CARE FACILITY OUTREACH VOTING ELECTION JUDGE.......................................................................27 5.4 VACANCIES.............................................................................................................................................................. 27 5.5 COMPENSATION...................................................................................................................................................... 27 5.6 TIME-OFF FROM WORK........................................................................................................................................... 27 5.7 ELECTION JUDGE TRAINING.................................................................................................................................... 28 5.7.1 CERTIFICATION & ADMINISTRATION............................................................................................................... 28 5.7.2 ELECTION JUDGE TRAINING PLAN & COURSE CONTENT................................................................................. 28 5.7.3 HEALTH CARE FACILITY (HCF) ABSENTEE VOTING ELECTION JUDGE TRAINING.............................................. 29 5.7.4 HEAD ELECTION JUDGE TRAINING................................................................................................................... 29 5.8 ABSENTEE BALLOT BOARD ELECTION JUDGE TRAINING......................................................................................... 30 5.9 PRESIDENTIAL NOMINATION PRIMARY ELECTION JUDGE TRAINING.....................................................................30 6.0 GIVING NOTICE ............................................................................................................................................................ 31 6.1 CANDIDATE FILING PERIOD NOTICE........................................................................................................................ 31 6.2 ELECTION NOTICE TO COUNTY AUDITOR................................................................................................................ 31 6.3 ELECTRONIC VOTING SYSTEM NOTICE REQUIREMENTS......................................................................................... 31 6.3.1 NOTICE OF PUBLIC ACCURACY TEST (PAT) ...................................................................................................... 31 6.3.2 NOTICE TO OSS OF USE OF NEW EQUIPMENT ................................................................................................ 31 6.3.3 NOTICE TO PUBLIC OF NEW VOTING SYSTEM................................................................................................. 31 6.3.4 NOTICE TO SECRETARY OF STATE OF CHANGE IN PLAN.................................................................................. 32 6.4 NOTICE OF MAIL ELECTION PROCEDURES .............................................................................................................. 32 6.5 PUBLIC NOTICE OF ELECTION.................................................................................................................................. 32 6.6 NOTICE OF NO PRIMARY......................................................................................................................................... 32 6.7 SAMPLE BALLOT...................................................................................................................................................... 32 7.0 CANDIDATE FILING....................................................................................................................................................... 33 7.1 FILING PERIOD......................................................................................................................................................... 33 7.2 CANDIDATE ELIGIBILITY........................................................................................................................................... 33 7.3 FILING PROCESS ...................................................................................................................................................... 33 7.3.1 WITHDRAWAL.................................................................................................................................................. 34 7.3.2 NON-PARTISAN VACANCY IN NOMINATION ................................................................................................... 35 7.4 WHEN NO ONE FILES FOR AN OFFICE ..................................................................................................................... 35 7.5 CAMPAIGN PRACTICE & FINANCIAL REPORTING (CAMPAIGN MANUAL)............................................................... 35 7.7 CAMPAIGN COMPLAINTS........................................................................................................................................ 36 7.6 STATEMENT OF ECONOMIC INTEREST.................................................................................................................... 36 4.6 POLLING PLACE ACCESSIBILITY ................................................................................................................................23 115 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 5 8.0 BALLOT PREPARATION .................................................................................................................................................. 37 8.1 BALLOT PRINTING ARRANGEMENTS ........................................................................................................................ 37 8.2 BALLOT LAYOUT ....................................................................................................................................................... 37 8.2.1 OPTICAL SCAN BALLOT LAYOUT ....................................................................................................................... 37 8.3 PROOFING TIPS ........................................................................................................................................................ 38 8.4 COURT REMEDY FOR ERRORS & OMISSIONS .......................................................................................................... 38 9.0 BALLOT QUESTIONS ...................................................................................................................................................... 39 9.1 WHAT ARE BALLOT QUESTIONS? ............................................................................................................................. 39 9.2 PETITIONS ................................................................................................................................................................ 39 9.3 ADVISORY ELECTIONS .............................................................................................................................................. 39 9.4 BOND & LEVY REFERENDUMS ................................................................................................................................. 39 10.0 VOTING SYSTEMS ....................................................................................................................................................... 40 10.1 WHAT ARE VOTING SYSTEMS? .............................................................................................................................. 40 10.1.1 OPTICAL SCAN ................................................................................................................................................ 40 10.1.2 ASSISTIVE VOTING DEVICE ............................................................................................................................. 40 10.2 STATE COOPERATIVE PURCHASING VENTURE (CPV) ............................................................................................. 41 10.3 PROGRAMING & BALLOT LAYOUT ......................................................................................................................... 41 10.4 TESTING ................................................................................................................................................................. 41 11.0 ABSENTEE VOTING...................................................................................................................................................... 43 11.1 WHO – ADMINISTERS REGULAR ABSENTEE VOTING ............................................................................................. 43 11.1.1 STATE ELECTIONS ........................................................................................................................................... 43 11.1.2 STANDALONE CITY ELECTIONS ....................................................................................................................... 43 11.1.3 SPECIAL ELECTIONS ........................................................................................................................................ 43 11.2 WHERE & WHEN – ABSENTEE VOTING LOCATIONS & THE ABSENTEE TIME PERIOD ............................................ 44 11.2.1 VOTING HOURS .............................................................................................................................................. 44 11.3. HOW – BALLOTS & BALLOT BOARDS .................................................................................................................... 44 11.3.1 ANTICIPATING ABSENTEE VOTER COUNTS .................................................................................................... 44 11.3.2 BALLOT SUPPLY HAS NOT ARRIVED ............................................................................................................... 44 11.3.3. ISSUING BALLOTS .......................................................................................................................................... 45 11.3.4 BALLOT BOARDS ............................................................................................................................................. 45 12.0 ELECTION DAY............................................................................................................................................................. 47 12.1 VOTING HOURS & POSTPONEMENT ...................................................................................................................... 47 12.2 ACTIVITY IN OR NEAR THE POLLING PLACE ........................................................................................................... 47 12.2.1 AUTHORIZED PERSONS IN THE POLLING PLACE DURING VOTING ................................................................. 47 12.2.2 ELECTION MATERIALS & EQUIPMENT SECURITY ........................................................................................... 48 12.2.3 MEDIA ACCESS ............................................................................................................................................... 48 12.2.4 PROHIBITED POLLING PLACE ACTIVITIES........................................................................................................ 48 12.3 ELECTION JUDGE NEUTRALITY IN THE POLLING PLACE ......................................................................................... 49 12.3.1 ELECTION JUDGE CODE OF CONDUCT ........................................................................................................... 49 12.4 ELECTION DAY VOTER REGISTRATION ................................................................................................................... 50 12.5 CHALLENGERS ........................................................................................................................................................ 50 12.6 EMERGENCIES ........................................................................................................................................................ 51 12.6.1 COUNTY ELECTIONS EMERGENCY PLANS....................................................................................................... 51 12.6.2 EMERGENCY POLLING PLACE RELOCATION PROCEDURES............................................................................. 51 12.6.3 LOCAL JURISDICTION ELECTIONS EMERGENCY PLANS................................................................................... 51 12.6.4 REVIEW OF ELECTION EMERGENCY PLANS .................................................................................................... 51 12.7 PUBLIC COUNTING ................................................................................................................................................. 52 12.8 SUMMARY STATEMENTS ....................................................................................................................................... 52 116 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 6 13.0 AFTER THE ELECTION ................................................................................................................................................. 55 13.1 RECEIVING MATERIALS.......................................................................................................................................... 55 13.2 CANVASSING OF THE RETURNS............................................................................................................................. 55 13.3 RECOUNTS............................................................................................................................................................. 56 13.3.1 PUBLICLY FUNDED MUNICIPAL RECOUNTS................................................................................................... 56 13.3.2 DISCRETIONARY MUNICIPAL RECOUNTS....................................................................................................... 57 13.3.3 BALLOT QUESTION RECOUNTS...................................................................................................................... 57 13.4 CONTEST OF ELECTION ......................................................................................................................................... 57 13.4.1 SECURITY AND STORAGE OF ELECTION ITEMS FOR A CONTEST....................................................................58 13.5 CERTIFYING RESULTS............................................................................................................................................. 59 13.6 CAMPAIGN FINANCE REPORTING ......................................................................................................................... 59 13.7 CERTIFICATE OF ELECTION.................................................................................................................................... 59 13.8 OATH OF OFFICE.................................................................................................................................................... 59 13.9 RECORD RETENTION ............................................................................................................................................. 59 13.10 POST ELECTION REVIEW...................................................................................................................................... 60 14.0 VACANCIES IN ELECTIVE OFFICES............................................................................................................................... 61 14.1 OCCURRENCES ...................................................................................................................................................... 61 14.2 FILLING VACANCIES............................................................................................................................................... 61 15.0 OTHER ELECTIONS...................................................................................................................................................... 63 15.1 UNIFORM LOCAL GENERAL ELECTION DAY........................................................................................................... 63 15.2 MAIL BALLOTING & MAIL ELECTIONS ................................................................................................................... 63 15.2.1 MAIL BALLOTING........................................................................................................................................... 63 15.2.2 MAIL ELECTION QUESTIONS.......................................................................................................................... 64 15.3 CITY SPECIAL ELECTIONS....................................................................................................................................... 64 15.4 STATE ELECTIONS.................................................................................................................................................. 65 15.4.1 STATE PRIMARY............................................................................................................................................. 65 15.4.2 STATE GENERAL ELECTION ............................................................................................................................ 65 15.4.3 SUMMARY STATEMENTS FOR RETURNS ....................................................................................................... 65 15.4.4 CANVASSING.................................................................................................................................................. 65 15.5 PRESIDENTIAL NOMINATION PRIMARY ................................................................................................................ 66 15.5.1 PRESIDENTIAL NOMINATION PRIMARY BALLOTS.......................................................................................... 66 15.5.2 PRESIDENTIAL NOMINATION PRIMARY NOTICES & SAMPLE BALLOTS......................................................... 66 15.6 SCHOOL DISTRICT ELECTIONS ............................................................................................................................... 67 GLOSSARY .......................................................................................................................................................................... 69 APPENDIX 1........................................................................................................................................................................ 73 ELECTION RESOURCES................................................................................................................................................... 73 COUNTY AUDITOR.................................................................................................................................................... 73 SECRETARY OF STATE ............................................................................................................................................... 73 APPENDIX 2........................................................................................................................................................................ 75 EXAMPLE POLLING PLACE SUPPLY LIST......................................................................................................................... 75 .6 SCHOOL DISTRICT ELECTIONS ...............................................................................................................................67155. 117 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 7 ABBREVIATED ELECTION ADMINISTRATION CALENDAR This abbreviated calendar lists important deadlines related to a state election year. Each listing includes citations to Minnesota Statutes or Minnesota Rules. Full text of Minnesota Election Statutes and Rules are available at the Minnesota Office of the Revisor of Statutes (https://www.revisor.mn.gov). This calendar is not intended to provide legal advice and should not be used as a substitute for legal guidance. Readers should consult with an attorney for advice concerning specific situations. When a statutory reference is to a certain number of days before an election or other event, start counting from the day before the event. When determining the days after the event, start counting from the day after the event. If the last day falls on a weekend or legal holiday, that day is usually omitted. For example, if a deadline falls on a Sunday, that day is omitted and Monday becomes the day of the deadline. The complete detailed version of the 2022 Election Calendar is available at the Office of the Minnesota Secretary of State Election Calendars webpage (http://www.sos.state.mn.us/election-administration- campaigns/election-administration/election-calendars/). Beginning in 2018, special elections for local jurisdictions are to be held on the uniform election dates identified in M.S. 205.10, subd. 3a and 205A.05, subd. 1a. Federal and state special elections are not required to be held on the newly identified uniform election dates. MAY x 5-17 to 5-31-22: Candidate filing period (cities with a primary) – not more than 84 days nor less than 70 days before election. The municipal clerk's office must be open for filing from 1:00 p.m. to 5:00 p.m. on the last day of the filing period. M.S. 205.13, subd. 1a x 5-27-22: Last day to provide notice of election items to be on State Primary ballot (or cancellation) – at least 74 days before election. M.S. 205.10, subd. 6; 205.16, subds. 4 & 5 JUNE x 6-2-22: Withdrawal period ends (cities with a primary) – until 5:00 p.m. 2 days after filing closes. M.S. 204B.12, subd.1; 205.13, subd. 6 x 6-24-22: Absentee voting available for State Primary Election – during the 46 days before the election. M.S. 203B.05, subd. 2; 203B.085; 204B.35 JULY x 7-19-22: Last day to publish notice of “late” filing period – at least 2 weeks before beginning filing date. M.S. 205.13, subds. 1a & 2 x 7-19-22: Voter pre-registration closes – at 5:00 p.m. 21 days before the state primary. M.S. 201.061, subd. 1 AUGUST x 8-2 to 8-16-22: Filing period for cities without a primary - opens 98 days before and closes 84 days before the election. Hospital district office seat candidates also file with city or town clerk during this same time. The municipal clerk’s office must be open for filing from 1:00 p.m. to 5:00 p.m. on the last day of the filing period. M.S. 205.13, subd. 1a; M.S. 447.32, subd. 4 x 8-6 & 8-8-22: Clerk’s office is open for state primary absentee voting (if applicable) – from 10:00 am to 3:00 p.m. on the Saturday before the election and until 5:00 p.m. on the day before the election. M.S. 203B.085 118 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 8 x 8-9-22: State Primary Election Day – 2nd Tuesday in August. M.S. 205.065, subd. 1; 204D.03 x 8-11 or 8-12-22: Canvass primary results – city canvasses its primary results on the 2nd or 3rd day after election. M.S. 205.065, subd. 5 x 8-18-22: Withdrawal period ends for cities without a primary – until 5:00 p.m. 2 days after filing closes. M.S. 204B.12, subd. 1; 205.13, subd. 1a SEPTEMBER x 9-23-22: Absentee ballots available for State General Election – 46 days before state general election. M.S.203B.05; 203B.081; 204B.35 OCTOBER x 10-18-22: Voter pre-registration closes for November general election – at 5:00 p.m. 21 days before the general election. M.S. 201.061, subd. 1 NOVEMBER x 11-5 & 11-7-22: Clerk’s office open for absentee voting (if applicable) – from 10:00 a.m. to 3:00 p.m. on the Saturday before the November general election and until 5:00 p.m. on the day before the election. M.S. 203B.085 x 11-8-22: State General Election Day – the 1st Tuesday after the 1st Monday in November. M.S. 204D.03; 205.065, subd. 1 x 11-11 to 11-18-22: Canvass the results of the November general election – between the 3rd and 10th day following the November general election. M.S. 204C.33, subd. 1; 205.185, subd. 3 DECEMBER x 12-31-22: Cities designate polling places for the next calendar year – by December 31 of each year. M.S. 204B.16, subd. 1 JANUARY x 1-2-23: Terms begin for city officers elected at the November general election – 1st Monday in January following the year of election. M.S. 412.02, subd. 2 119 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 9 LIST OF ELECTION ACTIVITIES BY MONTH JANUARY x Send polling place designation resolutions/ordinances to county elections office as soon as possible (December 31st deadline) so changes can be made in SVRS if needed x If polling place has changed, notice of change must be sent out. The 25-day deadline falls in January if there is a February special election scheduled. x Elected city officials take office. x Confirm the city’s contact information with all the county auditors that fall within your city’s boundaries. x Confirm city’s election schedule, odd or even year general elections? Primary possible? x Charter items that affect elections? x Confirm offices that are scheduled to be on that year’s general ballot. x Inform county auditors as to potential special elections, vacancies, change in election schedules, change in primary possibility, etc. x Confirm health care facility outreach locations and contacts. x ALM is conducted by OSS. This might affect the registration status of voters with AB ballots already distributed for a February special election. FEBRUARY x February uniform election date – 2nd Tuesday in February MARCH x Possibility of city meeting restrictions on statewide caucus date in even years. x Make note of election supplies on hand and contact auditors to replenish supplies if needed. x Review HR policies regarding hiring and appointment of election judges. x Possibility of presidential nomination primary in presidential election year APRIL x April uniform election date – 2nd Tuesday in April. x Many election year materials, guides, calendars are updated for the year’s election cycle and placed on OSS webpages (end of April, beginning of May). x “Primary possible” candidate filing notices. MAY x May uniform election date – 2nd Tuesday in May. x Even years, many OSS election year paper materials are delivered to Auditor’s Office for distribution to local jurisdictions. x “Primary possible” candidate filings. x Primary ballot preparation. In odd years, counties might not assist with ballot ordering activities. x Campaign financial reporting. x Even years, political party election judge lists are shared with municipalities. 120 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 10 JUNE x Absentee voting for primary elections begins. UOCAVA ballots are distributed by 46 days by county auditors. x Odd years, master lists provided by all counties for primary voting not using SVRS. x Review emergency election plans by July 1st in state general election years. JULY x Primary AB voting continues. x Election judge training conducted by auditor or delegated municipal clerk. x Notices of candidate filings for jurisdictions that are not “primary possible.” AUGUST x Primary elections. Canvass meetings. Notices of nomination. x “Late” candidate filing period. x Campaign financial reporting. x Begin preparing general election ballots. In odd years, counties might not assist with ballot ordering activities. SEPTEMBER x Review previous years’ election items and determine if retention period is over. x AB voting for general elections begins. UOCAVA ballots are delivered by 46 days by county auditors. OCTOBER x AB voting for general elections continues. NOVEMBER x General Election. Canvass meetings. Certificates of election. DECEMBER x Polling place designation resolutions/ordinances due by December 31st. 121 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 11 1.0 INTRODUCTION This guide is designed to aid city clerks and their staff to administer city elections. Please use this guide with the Office of the Minnesota Secretary of State (OSS) publication “Minnesota Election Laws”. Citations in this guide refer to the Minnesota election laws (M.S. citations) or rules (M.R. citations). Full text of the Minnesota election laws and rules can be found at the Minnesota Office of the Revisor of Statutes (https://www.revisor.mn.gov). If you are using an interactive electronic edition of this guide, you may simply click on the citations to retrieve current statute or rule. Home rule charter cities should refer to their city charter for specifics concerning their municipal elections. City clerks have a key role in administering the election process that involves a sequence of “must do” tasks. For this reason, this guide is organized to generally follow the election calendar. For a more comprehensive view of election administration in Minnesota we refer you to the following election guides: x County Auditor Elections Guide x Township Clerk Election Guide x School District Clerk Election Guide x Election Judge Guide x Voting Equipment Testing Guide x Absentee Voting Administration Guide x Mail Election Guide x Recount Guide x Post Election Review Guide x Campaign Manual x Presidential Nomination Primary Administration Guide These guides, training materials and other publications are updated periodically. Current editions are available at the Office of the Minnesota Secretary of State Election Guides webpage (http://www.sos.state.mn.us/election-administration-campaigns/election-administration/election-guides/). Please contact the OSS Elections Division if you have comments on how this publication could better support the needs of city clerks at elections.dept@state.mn.us or 651/251-1440. SVRS Technical Support Note: If your city accesses SVRS or SVRS View for absentee voting administration, please be advised that the old system of submitting “tickets” to our office regarding access (passwords, set up a user) or technical issues (labels not working) has been discontinued. Your county elections office is to provide access and technical support to you. Please contact the county elections office right away for these issues. With added security measures, OSS cannot provide access to SVRS for municipal users. County election officials will contact us if they are not able to resolve a city’s SVRS technical issues. 122 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 12 123 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 13 2.0 ELECTION ADMINISTRATOR TRAINING & CERTIFICATION City clerks who serve as the local election administrators must be trained and certified before they may administer elections. 2.1 INITIAL CERTIFICATION x initial certification requires successful completion of five hours of training x initial certification is good for the election cycle in which it is earned and through the following election cycle x each election cycle begins on January 1 of an even-numbered year and ends on December 31 of an odd-numbered year 2.2 ANNUAL CERTIFICATION MAINTENANCE To maintain certification to administer elections, city clerks need to complete 4 hours of election training during each election cycle after the expiration of the initial certification. M.R. 8240.2700, subp. 4 The county elections office maintains the certification documents and certification status of their jurisdictions’ election clerks. Training may be provided by the county auditor or by the OSS. If the county auditor has delegated election judge training responsibility under M.S. 204B.25, the clerk is responsible for training election judges. If delegated, the clerk must complete, in addition to the initial training or maintenance training, a “train the trainer” course conducted by or approved by the OSS before each state primary election. M.R. 8240.1100 If a city clerk is designated to provide absentee voting using the statewide voter registration system (SVRS), the clerk must receive training approved by the OSS on the use of SVRS before accessing the system. The auditor will notify the OSS of the clerk’s access to the system. M.S. 203B.05, subd. 1 There is emergency training provisions in statute for a city clerk who has taken office less than six months before an election. They may administer that election after completing two hours of emergency training conducted by the home county auditor or the OSS. M.R. 8240.0100, subp. 2; 8240.1100; 8240.2700 2.3 CITY CLERK ELECTION ADMINISTRATION TRAINING AREAS City clerk election training addresses the following: x candidate filings; x campaign practices; x campaign finance; x election calendar; x ballot preparation; x election judge recruitment and duties; x notice requirements; x voting systems; x mail elections; x absentee voting; x security practices; and x post election duties. M.R. 8240.2700, subp. 5 124 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 14 2.4 ALTERNATE TRAINING Up to four of the five training hours for initial certification, and three of the four training hours for certification maintenance, may be from other sources, subject to the approval of the home county auditor. Time spent attending, or teaching, election judge training may be counted toward a clerk’s initial certification or biennial certification maintenance requirement, however, “train the trainer” sessions may not be counted toward these requirements. The clerk’s county auditor will issue their election administrator certificate and maintain a record of related training. M.S. 204B.25; M.R. 8240.2700, subp. 6; 8240.2700, subp. 7 125 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 15 3.0 PRECINCTS County election officials must know when municipal governments change precinct boundaries to ensure that voter registration records for affected voters in SVRS and the related online precinct finder are updated. The address ranges that individual voters are tied to in SVRS must be kept up to date. M.S. 201.022; M.R. 8200 3.1 WHAT ARE PRECINCTS? Precincts are the basic geographical areas for organizing and administering elections. The graphic below shows three different sample precincts: Buffalo P-3, Buffalo P-4 and Buffalo Twp. Precinct boundaries are established by the governing body of each municipality, and the county board in unorganized territories. City councils and township boards establish precinct boundaries as the result of various requirements in state statutes and also to suit the needs of the community. At a minimum, each municipality must be at least one precinct; additional precincts are necessary if the municipality is divided by a county, county commissioner, legislative or congressional district boundary. Within these broad requirements, municipalities may create as many or as few precincts as suits the community. Precincts are not tied to population size. However, precincts sized much beyond 1,500 registered voters become difficult to manage. M.S. 204B.14 3.2 PRECINCT BOUNDARY CHANGES The municipality (or county board for unorganized territories) may make precinct boundary changes at any time except: x after January 1 of a year ending in 0 until after the legislature has been redistricted in a year ending in 1 or 2. See M.S. 204B.14, subd. 3 for exceptions (a) through (d). x no later than December 1 in the year prior to the year of the state general election. M.S. 204B.14, subd. 4 x within 10 weeks before the next election. M.S. 204B.14, subd. 4 Precinct lines must not cross city, ward, county, county commissioner, legislative or congressional district boundaries. A municipality or county may establish new election precincts lying entirely within the boundaries of any existing precinct and shall assign names to the new precincts which include the name of the former precinct.M.S. 204B.14, subds. 2 & 3; 375.025, subd. 1 3.1 WHAT ARE PRECINCTS? Precincts are the basic geographical areas for organizing and administering elections. The graphic below shows three different sample precincts: Buffalo P-3, Buffalo P-4 and Buffalo Twp. Precinct boundaries are established by the governing body of each municipality, and the county board in unorganized territories.City councils and township boards establish precinct boundaries as the result of various requirements in state statutes and also to suit the needs of the community.At a minimum, each municipality must be at least one precinct; additional precincts are necessary if the municipality is divided by a county, county commissioner,legislative or congressional district boundary. Within these broad requirements, municipalities may create as many or as few precincts as suits the community. Precincts are not tied to population size.However, precincts sized much beyond 1,500 registered voters become difficult to manage. M.S. 204B.14 3.2 PRECINCT BOUNDARY CHANGES The municipality (or county board for unorganized territories) may make precinct boundary changes at any time except: x after January 1 of a year ending in 0 until after the legislature has been redistricted in a year ending in 1 or 2. See M.S. 204B.14, subd. 3 for exceptions (a) through (d). x no later than December 1 in the year prior to the year of the state general election. M.S. 204B.14, subd. 4 x within 10 weeks before the next election. M.S. 204B.14, subd. 4 3.0 PRECINCTS County election officials must know when municipal governments change precinct boundaries to ensure that voter registration records for affected voters in SVRS and the related online precinct finder are updated. The address ranges that individual voters are tied to in SVRS must be kept up to date.M.S. 201.022;M.R. 8200 Precinct lines must not cross city, ward, county, county commissioner, legislative or congressional district boundaries. A municipality or county may establish new election precincts lying entirely within the boundaries of any existing precinct and shall assign names to the new precincts which include the name of the former precinct.M.S. 204B.14, subds. 2 & 3;375.025, subd. 1 126 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 16 The municipal clerk (or county board for unorganized territories) must provide the following notification after a boundary change occurs: x the municipal clerk must immediately notify the county auditor and the OSS x the municipal clerk must file a corrected base map with the county auditor and the OSS within 30 days after the boundary change was made. x post a notice of the change for at least 56 days; the change cannot go into effect until a notice has been posted for the 56-day period. x if polling locations change, make arrangements with the county auditor to notify the affected voters and their households of the change. M.S. 204B.14, subd. 5 The county auditor must use the corrected map filed by the municipal clerk to update the precinct finder in SVRS. The corrected map and precinct finder must be made available for inspection. If a municipality makes a change to the boundary of an election precinct (or if an annexation occurs affecting a precinct boundary) the auditor must notify each school district with territory affected by the boundary change at least 30 days before the effective date of the change. M.S. 204B.14, subd. 5 3.3 ANNEXATIONS & PRECINCT BOUNDARY CHANGES A common trigger event for precinct boundary changes is municipal annexation, which usually goes through the Minnesota Boundary Adjustments Unit of the Office of Administrative Hearings (http://www.mba.state.mn.us/). The Minnesota Boundary Adjustments staff works with property owners, local governments, and state agencies to review and facilitate municipal boundary adjustments. After an annexation has occurred affecting a precinct boundary, the city clerk must comply with the precinct boundary change requirements in M.S. 204B.14, subd. 5, described above. Annexed territory may be incorporated into the existing adjacent precinct if the new precinct meets all legal requirements and the pre-annexation municipal boundary was not coterminous with a county, county commissioner, legislative or congressional district boundary. Coterminous boundaries have a boundary in common. In the graphic in Section 3.1, the boundaries of the Buffalo P-3 precinct are coterminous with the boundaries between County Commissioner Districts 3 and 4. If the pre-annexation municipal boundary was coterminous with a county, county commissioner, legislative or congressional district boundary, a new precinct must be created. If the affected territory is contiguous with the municipal boundary, in the same county, and contains 50 or fewer registered voters, the OSS may move the boundary to be coterminous. Please call the Elections Division at (651) 215-1440 or 1-877-600- 8683 for more information on the process of obtaining a Boundary Adjustment Order from the OSS. M.S. 204B.14, subd.5; 204B.146, subd. 3 A change in the boundary of a precinct that has occurred as a result of a municipal boundary adjustment that is effective more than 21 days before a regularly scheduled election takes effect at the scheduled election. A change that is effective less than 21 days before a regularly scheduled election takes effect the day after the scheduled election. M.S. 204B.14, subd. 4a 3.4 MAPS & DATA The map information sent to the OSS is used to update the statewide database of precinct and election district boundaries. The precinct map data is used by a variety of state agencies and is available to the public for download, find links at the OSS Shapefiles webpage (http://www.sos.state.mn.us/election- administration-campaigns/data-maps/shapefiles/). 127 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 17 A variety of maps are available for download and most are formatted to print on 8 ½ x 11-sized paper. These maps can be found on pages in the Data & Maps section of the Office of the Minnesota Secretary of State’s website (http://www.sos.state.mn.us/election-administration-campaigns/data-maps/). Printed maps are also available from OSS for the cost of production. Information on costs and a downloadable order form are found at the Ordering Maps webpage (http://www.sos.state.mn.us/election- administration-campaigns/data-maps/ordering-maps/). M.S. 204B.146 3.5 HOUSE NUMBER & STREET ADDRESS CHANGES If a municipality administratively changes the number or name of a street address of an existing residence, the city clerk shall promptly notify the county auditor and the county auditor shall immediately update the voter records of registered voters in SVRS to reflect the change. A municipality must not make a change to the number or name of a street address of an existing residence effective during the 45 days prior to any election in a jurisdiction which includes the affected residence. M.S. 201.11, subd. 2 128 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 18 129 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 19 4.0 POLLING PLACES Polling places are designated by the governing body of each municipality or each county for unorganized territory. 4.1 DESIGNATION By December 31 of each year, municipalities and counties for their unorganized territories must designate by ordinance or resolution a polling place for each election precinct. The designated polling place remains the polling place for that election precinct throughout the next calendar year unless: x an emergency occurs after the deadline to designate a polling place but before the polls close on election day x a polling place becomes unavailable x a township designates one location for state/federal elections and one location for a township’s standalone elections. M.S. 204B.16, subd. 1; 204B.175 It is suggested that municipalities send copies of their designation resolution or ordinance to the county election office each year so the information regarding polling places can be verified or updated by them in SVRS. If the designated polling place has changed, the governing body shall send to every affected household a nonforwardable, mailed notice stating the location of the new polling place at least 25 days before the next election. Counties may work with local jurisdictions to fulfill this administrative requirement including providing address data or labels. PVCs can be used to send notifications of municipal and county (unorganized territory) election precinct polling place changes. PVCs are not required; any type of notification document (i.e., letter, trifold) can be used, as long as it is sent as non-forwardable. M.S. 204B.16, subd. 1a All polling places must be: x fully accessible (see section 4.6); x large enough to accommodate the election activities; x free of other, non-election, activities; x smoke free; x liquor free and not next to a liquor service area; and x for cities in the metro area, within the precinct or within one mile of the precinct boundary or it is part of a combined polling place (see the Combined Polling Place section 4.3).M.S. 144.414;200.02, subd. 24;204B.16, subd. 1 Note:Governing bodies using school district buildings as polling places should contact the school district annually to verify that their security requirements have not changed. 4.2 RECOMMENDATIONS FOR POLLING PLACES DURING A PANDEMIC 4.2.1 Polling Place Guidelines in a pandemic General Best Practices in a Pandemic: All election judges should: x Practice social distancing as much as possible by staying at least six feet away from each other and voters x Frequently wash and sanitize their hands, following CDC handwashing guidelines x Wear cloth face coverings, covering their nose and mouth By December 31 of each year, municipalities and counties for their unorganized territories must designate by ordinance or resolution a polling place for each election precinct. The designated polling place remains the polling place for that election precinct throughout the next calendar year unless: an emergency occurs after the deadline to designate a polling place but before the polls close onx election day a polling place becomes unavailablex a township designates one location for state/federal elections and one location for a township’sx standalone elections.M.S. 204B.16, subd. 1;204B.175 All polling places must be: fully accessible (see section 4.6);x large enough to accommodate the election activities;x free of other, non-election, activities;x smoke free;x liquor free and not next to a liquor service area; andx for cities in the metro area, within the precinct or within one mile of the precinct boundary or it isx part of a combined polling place (see the Combined Polling Place section 4.3).M.S. 144.414;200.02, subd. 24;4 204B.16,subd. 1 130 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 20 x Frequently disinfect surfaces that election judges and voters make contact, using CDC and EPA approved disinfectants. x In election judge training, promote certain behavioral norms, such as social distancing, cleaning, disinfection, and hand hygiene. Include instructions to wipe down doorknobs, push plates, and other non-election specific surfaces x Provide detailed guidance and templates to show election judges where to set up polling place equipment x Election judges should clean equipment within full view of voters to maintain public confidence x Ensure that any changes to operations do not limit accessibility to voters with disabilities 4.2.2 Station & Scenario-Specific Guidelines in a Pandemic: x The greeter judge may need to help manage lines outside of the polling place x Prepare the greeter judge to set expectations for voters in regards to wait times, social distancing guidelines, and available safety items x When able, registration judges should only examine proof of residence materials visually, without physically touching the voter’s documents x If using pollbooks, encourage election judges to use and frequently sanitize the stylus x Create a ‘neutral zone’ for passing materials. Voters and election judges can pass voter receipts and documents back and forth by placing them on a table, and then backing away as the other person approaches to retrieve them x When election judges assist a voter with marking their ballot, they should attempt to social distance while maintaining voter privacy. They can view the ballot together in larger print on the assistive voting device, or work with the voter from across a table that is away from the main traffic of voters. x The use of hand sanitizer is encouraged, but check that your hands are dry before handling ballots. Hand sanitizer can wet and damage ballots, which could possibly render them unreadable 4.2.3 Polling Place Layout & Sanitation in a Pandemic: x Hand sanitizer should be available at the entrance and exit of the polling place room x Disposable face coverings for voters who arrived unequipped but are willing to wear one should be made available near the entrance x Post any “Health and Safety” polling place poster x Spacious, well-ventilated rooms make for the safest polling locations. If possible, have windows and doors open to increase outdoor air flow in the polling place x Disinfect surfaces between use, especially voting booths, assistive voting devices, tables, and pens. The best method to disinfect surfaces depends on the surface and the disinfectant used, and may require gloves x Use tape to mark spots on the floor for voters to stand in line, and at stations, which are at least six feet apart x Clearly mark points of entry and exit to prevent bottlenecks, and provide signage or physical markers to ensure voters move in one direction through the polling place x Ensure that distancing is maintained outside of the facility as well if voters are queueing up outside x To encourage social distancing, put two tables between the voters and the check-in and ballot judges. This creates a wider space between the election judge and voter which prevents voters from unintentionally stepping to close to the judge. x Spread voting booths as far apart as possible 131 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 21 x On common contact surfaces, such as voting booths, overflow tables, and assistive voting devices place a laminated sheet of paper with text similar to: “This surface has been sanitized and is ready for use, please flip this sheet over when you leave.” Once flipped over, the other side says: “This surface needs to be sanitized before use.” This is to help election judges track what needs to be sanitized and when x Ask voters to discard used pens into a clearly marked bin, and sanitize them before next use x Cut “I Voted” stickers and spread them out on a table for voters to pick up on their own x Consider putting a wipe-able cover on touch screen electronics, or regularly changed plastic wrap 4.2.4 Increased Use of Curbside Voting in a Pandemic: x It is expected during times of a pandemic, that voters will be hesitant to enter a polling place building. x With the increased use of curbside voting in 2020, it is expected that voters will continue to request this type of voting on a larger scale than pre-pandemic. x Curbside voting is available to voters, for any reason, who do not wish to enter the polling place building. x Local election officials should plan for an increase in the use of curbside voting by: o Assigning an increased amount of elections judges affiliated with different major political parties to provide curbside voting in teams of two to multiple voters throughout voting hours. o Finding and designating a location for multiple voters to wait near the polling place entrance for curbside voting. o Placing signs at curbside voting spots with the phone number to reach election judges in the polling place building. o Instructing the greeter judge to continually watch for voters in curbside voting locations and notifying election judges. o Instructing election judges to double check curbside voting locations before officially closing the polls. 4.3 EMERGENCY DESIGNATION When an emergency occurs after the deadline to designate a polling place pursuant to M.S. 204B.16 but before the polls close on Election Day, a new polling place may be designated. An emergency is any situation that prevents the safe, secure, and full operation of a polling place. 4.3.1 Changing Polling Place due to an Emergency If a local election official determines that an emergency has occurred or is imminent, the local election official must procure a polling place that is as near the designated polling place as possible and that complies with the requirements of M.S. 204B.16, subds. 4 & 5. If it is not possible to locate a new polling place in the precinct, the polling place may be located outside of the precinct without regard to the distance limitations in M.S. 204B.16, subd. 1. The local election official must certify to the appropriate governing body the expenses incurred because of the change. These expenses shall be paid as part of the expenses of the election. 4.3.2 Emergency Change of Polling Place Notice Upon making the determination to relocate a polling place, the local election official must immediately notify the county auditor and the secretary of state. The notice must include the reason for the relocation and the reason for the location of the new polling place. 132 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 22 As soon as possible, the local election official must also post a notice stating the reason for the relocation and the location of the new polling place. The notice must also be posted on the website of the public body, if there is one. The local election official must also notify the election judges and request that local media outlets publicly announce the reason for the relocation and the location of the polling place. 4.3.3 Emergency Change of Polling Place Notice on Election Day On Election Day, the local election official must post a notice in large print in a conspicuous place at the polling place where the emergency occurred, if practical, stating the location of the new polling place. The local election official must also post the notice, if practical, in a location visible by voters who vote from their motor vehicles as provided in M.S. 204C.15, subd. 2. If polling place hours are extended pursuant to M.S. 204C.05, subd. 2(b), the posted notices required by this paragraph must include a statement that the polling place hours at the new polling place will be extended until the specified time. M.S. 204B.175 4.4 COMBINED POLLING PLACE Under certain circumstances, the governing body of a municipality may combine polling places into a single, accessible location, with a single team of election judges. A copy of the ordinance or resolution establishing a combined polling place must be filed with the county auditor within 30 days after approval by the governing body or, in the case of multiple municipalities, all governing bodies. Separate ballot boxes and separate returns are kept for each precinct involved. A single, accessible, combined polling place may be established no later than May 1 of any year in any of the following: x cities of the 3rd and 4th class; x cities located in more than one county; x contiguous precincts in the same city; x up to four contiguous municipalities located outside the metro area and in the same county; x noncontiguous precincts located in one or more counties subject to approval by both of the governing bodies of each municipality and the secretary of state; and x mail election precincts, in which case the designation by the municipality or the auditor of only one centrally located polling place is required. See the Mail Voting Guide found at the OSS Election Guides webpage (www.sos.state.mn.us/election-administration-campaigns/election- administration/election-guides/). M.S. 204B.45; M204B.14 Note: The metropolitan area is defined as Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington and Wright counties. M.S. 200.02, subd. 24 One precinct-count voting system and one memory unit may be used to count ballots for combined precincts. A separate summary statement must be produced for each precinct being counted by the precinct count voting system and the voted ballots must be separated and sealed by precinct. M.R. 8230.4365 A municipality withdrawing from participation in a combined polling place must do so by resolution. The resolution of withdrawal must be filed with the county auditor no later than April 1 of any year. M.S. 204B.14, subd. 2 133 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 23 4.5 VOTER NOTIFICATION When municipalities change polling places, in addition to notifying the auditor to update SVRS, they also must notify all affected households with at least one registered voter by a non-forwardable mailing no later than 25 days before the next election. M.S. 204B.16, subd. 1a There are multiple ways to provide the required voter notification: x The clerk may request that the county auditor mail a Postal Verification Card (PVC) to all households with at least one registered voter in the affected precincts. x The clerk may request that the county auditor mail a PVC to all the voters in the affected precincts. x The clerk may purchase household address labels from the OSS to send their own notification to all affected households with at least one registered voter. x The clerk may purchase voter labels from the OSS to send their own notification to all affected voters. Be sure the County Auditor enters the new polling place information into SVRS BEFORE PVCs are mailed out. Ordering information is found at the Office of the Minnesota Secretary of State’s Registered Voter List Requests webpage (http://www.sos.state.mn.us/election-administration- campaigns/campaigning/registered-voter-list-requests/). 4.6 POLLING PLACE ACCESSIBILITY Federal and state laws require that all polling places be fully accessible and usable by elderly voters or voters with disabilities. M.S. 204B.16, subd. 4 Minimum requirements include: x paved parking with extra wide spaces reserved for disabled persons; x curb cuts or temporary ramps; x paved main routes free of stairs or with ramp or elevator bypasses; x entrances/doorways a minimum of 32 inches wide; x walkways and hallways at least 36 inches wide; x hallways free of protrusions overhanging the floor; x handrails on all stairs; x signs directing voters around obstructed entrances or stairs to accessible routes; x signs outlining the assistance available to voters; and x one or more wheelchair accessible voting booth(s) or station(s) with stable, flat writing surfaces 34 inches high. M.S. 204B.16 Minnesota election law offers some additional accommodations if the voter needs assistance with the voting materials: x voting by absentee ballot; x curbside voting; x a team of election judges from different major political parties to provide assistance in the polling place; x voters bringing someone of their choosing to assist in the polling place; and x assistive voting equipment available at the polling place. M.S. 203B.02; 204B.16, subd. 5; 204C.15 When using large buildings such as a school or athletic complex for a polling location, accessible parking is to be made available at the closest entrance to the polling place within the building. If the building’s permanent accessible locations are at another entrance, election judges are to use the accessible parking signs found in their election supplies to set aside accessible parking spots right next to the entrance that is the shortest distance to the polling place within the building. 4.6 POLLING PLACE ACCESSIBILITY Federal and state laws require that all polling places be fully accessible and usable by elderly voters or voters with disabilities.M.S. 204B.16, subd. 4 Minimum requirements include: paved parking with extra wide spaces reserved for disabled persons; x curb cuts or temporary ramps;x paved main routes free of stairs or with ramp or elevator bypasses;x entrances/doorways a minimum of 32 inches wide;x walkways and hallways at least 36 inches wide;x hallways free of protrusions overhanging the floor;x handrails on all stairs;x signs directing voters around obstructed entrances or stairs to accessible routes;x signs outlining the assistance available to voters; andx one or more wheelchair accessible voting booth(s)or station(s)with stable, flat writing surfaces 34 inchesx high.M.S. 204B.16 Minnesota election law offers some additional accommodations if the voter needs assistance with the voting materials: voting by absentee ballot;x curbside voting;x a team of election judges from different major political parties to provide assistance in the polling x place; voters bringing someone of their choosing to assist in the polling place;andx assistive voting equipment available at the polling place. M.S. 203B.02;204B.16, subd. 5;5 204C.15x When using large buildings such as a school or athletic complex for a polling location, accessible parking is to be made available at the closest entrance to the polling place within the building.If the building’s permanent accessible locations are at another entrance, election judges are to use the accessible parking signs found in their election supplies to set aside accessible parking spots right next to the entrance that is the shortest distance to the polling place within the building. 134 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 24 Municipalities should visit polling locations periodically to verify that polling locations are still accessible. The OSS Polling Place Accessibility Diagnostic Tool posted on the Election Guides webpage (http://www.sos.state.mn.us/election-administration-campaigns/election-administration/election-guides/) provides instructions on how polling place inspections should be performed. See the text of the Americans with Disabilities Act (https://www.ada.gov/pubs/ada.htm) for more specific details on accessibility. 4.7 POLLING PLACE MATERIALS & EQUIPMENT City clerks are responsible for ensuring that all necessary supplies are delivered to the polling place for use on Election Day. This includes ballots, ballot boxes, voting equipment such as precinct optical scan ballot counter, assistive voting device, rosters, posters, flags, and boxes, envelopes and seals to secure ballots and other election materials. A more extensive example supply list is included in the Appendix 2 of this guide. M.S. 204B.28 4.8 ELECTION SUPPLIES/COSTS The clerk is responsible for providing all the supplies for conducting a city election. An example polling place supply list is provided in the Appendix 2 of this guide, although specific needs may vary. Generally, the cost of these supplies is borne by the city. Costs may be prorated, however, for elections that involve other jurisdictions such as county, school district, soil and water district, or a hospital district. Local units of government can agree on any method of cost sharing that is mutually agreeable or use methods described in the OSS Cost Allocation Procedures. This document is also available at the OSS Election Administrator Forms webpage (http://www.sos.state.mn.us/election-administration-campaigns/election- administration/election-administrator-forms/). M.S. 204B.32, subd. 2 135 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 25 5.0 ELECTION JUDGES 5.1 ELECTION JUDGE QUALIFICATIONS An election judge must be: x eligible to vote in the State of Minnesota; x able to read, write and speak English; x appointed by the appointing authority (county, city, township, or school board); and x trained and currently certified as an election judge. M.S. 204B19, subd. 2; 204B.21; 204B.25 Individuals applying to be election judges need to declare their party affiliation, if they are affiliated with a major political party. An exception to the requirement that all election judges be trained and certified is provided for precincts in which less than 100 people voted at the last state general election. In these precincts, having only 2 of the required number of election judges trained is sufficient if they are not from the same major political party. If electronic voting equipment is in use in the precinct such as in a statewide election, it is highly recommended that all election judges be trained and certified. M.S. 204B.25, subd. 3 An election judge cannot be: x a candidate in that election (i.e., they are running for an office on a ballot used in that precinct. An individual actively campaigning as a write-in candidate is a candidate.); x the husband, wife, parent, child, brother, sister of or domiciled with (permanently or temporarily) a candidate; x the husband, wife, parent, child, stepchild, brother, or sister, or stepsibling, of a candidate or another judge in the same precinct; or x a challenger. Individuals who are related to each other may serve as election judges in the same precinct provided that they serve on separate shifts that do not overlap. M.S. 204B.19 5.2 STUDENT ELECTION JUDGE TRAINEES High school students, including home schooled students that are 16 and 17 years of age can be trainee election judges. Students who are 18 years of age or older can serve as regular election judges. To serve as trainee election judges students must: x be a United States citizen; x be at least 16 years of age; x serve in the county where they reside or adjoining county; x be in good academic standing; and x have permission from their school and parents. Trainee election judges can serve for all elections. They serve without party affiliation and must be paid at least 2/3 of the minimum wage. They cannot serve past 10:00 p.m. and cannot number more than 1/3 of the election judges in any one precinct. Trainee election judges, like other election judges, are not required to serve the entire day. Because trainee judges serve without party affiliation, they cannot perform tasks that must be performed by two judges of different political parties, like curbside voting. Trainee election judges can perform any other election judge tasks and should be assigned those duties just as other election judges are assigned. Trainees do not count toward the minimum number of election judges required. M.S. 204B.19; M.R. 8240.1655 136 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 26 5.3 APPOINTING ELECTION JUDGES 5.3.1 County Lists Each major political party will furnish electronic lists of potential election judges to the Secretary of State’s office by May 1 of even-numbered years. The OSS will in turn furnish the list to the auditor’s office by May 15. County auditors must promptly forward the lists to city and town clerks. M.S. 204B.21 The party lists are used to appoint election judges to serve at elections in their jurisdictions over the next two years. If there are not enough people on the lists from your municipality or no lists have been received, the governing body may appoint other people who meet the qualifications. M.S. 204B.21; M.R. 8240.0300 An individual who is appointed from a source other than the major political party list must provide to the appointing authority the individual’s major political party affiliation or a statement that the individual does not affiliate with any major political party. An individual who refuses to provide the individual’s major political party affiliation or a statement that the individual does not affiliate with a major political party must not be appointed as an election judge. The major political party affiliation of an election judge or a statement that the judge does not affiliate with a major political party may be shared with other election judges assigned to the precinct at the same election, to verify compliance with party balance requirements. This data may not be disclosed or used by the election judges for any other purpose. M.S. 204B.21; M.R. 8240.0300 5.3.2 Appointment by City Council The clerk recommends elections judges to be appointed for the upcoming election (including health care and absentee ballot boards if applicable), and then the city council makes the appointments at least 25 days before the election. The city council may pass a resolution authorizing additional election judges within 25 days before the election, if they deem necessary. If there aren’t enough people on the list, the city council may appoint other people who meet the qualifications. The city council may evaluate applicants to determine if they are capable of carrying out the duties. M.S. 204B.21, subd. 2 Note: The clerk may suggest that the council include wording to the resolution to allow the clerk substitutions, as necessary. Note: In 1988, the U.S. Immigration and Naturalization Service exempted jurisdictions that hire election judges from the Form I-9 employment verification procedures. 5.3.3 Party Balance At least two election judges in each precinct must serve with a different major political party designation (except in school district and township elections not held in conjunction with a statewide election, and for student trainee election judges). The remaining election judges in a precinct can serve without an affiliation to a major political party. No more than half the judges in a precinct may belong to the same major political party. M.S. 204B.19, subd. 5; M.S. 204B.21, subd. 2; 205A.10, subd. 2; 205.075, subd. 4 5.3.4 Required Number of Election Judges A minimum of four election judges shall be appointed for each precinct in the state general election, provided that a minimum of three election judges shall be appointed for each precinct with fewer than 500 registered voters as of 14 weeks before the state primary. In all other elections, a minimum of three election judges shall be appointed for each precinct. In a combined polling place, at least one judge must be appointed from each municipality that has precincts in the combined polling place. Student election judge trainees do not count towards the election judges appointed per precinct requirement. M.S. 204B.22 Currently, in the State of Minnesota, there are four major parties: Grassroots-Legalize Cannabis, Legal Marijuana Now, Republican and DFL. 137 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 27 5.3.5 Head Election Judge When the city council appoints the election judges, they designate one of the judges as head election judge. The head election judge assigns duties among the judges and is responsible for the performance of all required duties. In addition to election judge training and certification, head election judges complete an additional hour of training every two years to be certified as head election judge. M.S. 204B.20; M.R. 8240.1750 5.3.6 Health Care Facility Outreach Voting Election Judge Health care facility (HCF) outreach voting must be administered during 20 days before election. The municipal clerk is responsible for the administration of this type of absentee voting for the health care facilities within their jurisdiction. Election judges who are appointed to conduct HCF outreach voting must have an additional hour of HCF-specific training in addition to their two-hour, election judge certification training. 5.4 VACANCIES If a judge doesn’t show up at the polling place or doesn’t perform required duties, the other judges may select a qualified person from the precinct to fill the vacancy. The clerk may also fill vacancies as they occur. M.S. 204B.23 5.5 COMPENSATION The city council sets the compensation for election judges, but it must be at least the state minimum hourly wage. Training and work-related travel time along with work related travel mileage must be included. Judges may volunteer their time without pay by submitting a written statement no later than 10 days before the election. M.S. 204B.31 5.6 TIME-OFF FROM WORK People who would like to be election judges may take time-off from work without loss of pay. Prospective judges must give their employer at least 20 days’ written notice and a certificate from the city that shows the hours the person will work and rate of pay. The employer may deduct what the person receives for being an election judge from their salary for the hours that overlap. For example, if the employee normally works eight hours per day at $10 per hour (8 hours X $10=$80), and the rate of pay established by the city for election judges is $8 per hour for the same eight hours of service as an election judge (8 hours X $8=$64), the city will pay the election judge $64 and the employer must pay the difference of $16. As an alternative, if the employee takes vacation for the time off, the employee can keep the salary paid by the city for election judge service. An employer can also restrict the number of persons serving to no more than 20 percent from any single work site. An employer cannot force an employee to take vacation. M.S. 204B.195 Note: Federal employers might not be required to provide time off from work. Federal employees are encouraged to discuss election judge service with a supervisor and/or human resources department to clarify the organization’s policies regarding election judge service. A March 2022 US Presidential Executive Order #14109 contains information about federal employees and possible administrative leave to serve as non-partisan poll workers. Information about this executive order can be found at: https://www.opm.gov/news/releases/2022/03/release-opm-announces-paid-time-off-for- federal-employees-to-vote/ 138 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 28 5.7 ELECTION JUDGE TRAINING 5.7.1 Certification & Administration All election judges must successfully complete training. Student election judge trainees (16 -17-year-olds) complete the same training as all other election judges. County auditors are responsible for training election judges or delegating the responsibility to municipal clerks. If the clerk will be conducting election judge training, the clerk or a designee must attend an adult education (“train the trainer”) training provided by the OSS. A review of the Train the Trainer Manual found on the OSS website for guides equates to the required OSS training. M.S. 204B.25; M.R. 8240.1100; 8240.1655 Working through the county auditors, the OSS will provide copies of the Election Judge Guide, Election Judge Workbook, customizable slide presentation, and other training materials to municipalities. Current editions of guides and training materials are available at the Election Judge Training webpage (http://www.sos.state.mn.us/election-administration-campaigns/election-administration/election-judge- training/). Clerks must arrange to have at least one Election Judge Guide available in each polling place on Election Day. The training authority, whether auditor or clerk, must develop a training plan that outlines the staff and resources assigned to training, the dates, topics to be covered, and materials to be used. The plan must be kept available for public inspection. M.R. 8240.2000; 8240.2400 Trainers must keep a record of the training each election judge has completed. The trainer must give a certificate to each election judge, head election judge, or health care facility absentee voting election judge who successfully completes a training course. M.R. 8240.2100; 8240.2300 Time spent attending, or conducting, election judge training may be counted toward a clerk’s initial election administrator certification, or biennial certification maintenance requirement. City clerks (and their deputies) are strongly encouraged to take advantage of election judge training. M.R. 8240.2700, subp. 7 The training includes the following phases: x basic training course; o all election judges must complete a two-hour basic training course every two years; x maintaining certification; o a person must successfully complete the basic training course every two years to remain qualified to serve as an election judge; and x additional training; o after completing the basic training course, judges may need to complete additional training if they will be administering health care facility voting or serving as a head judge. M.R. 8240.1300 5.7.2 Election Judge Training Plan & Course Content Each training authority shall prepare a training plan which shall be available for public inspection. The training plan must include: x the names of persons conducting training; x number of sessions planned; x projected attendance at each session; training materials to be used; x training methods employed; and x an outline of the content of each election judge training course. M.R. 8200.2400 Election judge training is two hours long and covers the following topics: x eligibility; x training and assignment; x new laws, rules, forms, and procedures; 139 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 29 x role of head judge; x preparations on Election Day before polls open; x poll opening activities; x greeting and directing duties; x roster duties; x challenge process; x providing assistance to voters with disabilities; x operation of voting equipment; x vote tabulation duties; and x closing the polls. M.S. 204B.25; M.R. 8240.1600 Additional training requirements may be adopted provided they are reasonably related to the ability to perform election judge duties in that election. M.S. 204B.25, subd. 2; M.R. 8240.1600, subp. 2 5.7.3 Health Care Facility (HCF) Absentee Voting Election Judge Training If the city has a health care facility (HCF), special outreach to that facility is required by any full-time clerk responsible for absentee balloting in that election. (See Section 11 for more information). HCFs located in a particular area can be looked up at www.health.state.mn.us. In order to be certified as a HCF absentee election judge, in addition to the basic election judge training, an individual must complete another hour of training every two years. There are slides found on the OSS Election Judge Training webpage (www.sos.state.mn.us/election- administration-campaigns/election-administration/election-judge-training/) that can be used for HCF outreach voting election judge training. The HCF absentee voting course shall be at least one hour long and cover the following topics: x who is eligible to vote absentee from HCF; x application process, including methods for providing proof of residence; x voter registration; x providing assistance to voters, consent for assistance; x voting procedures; x names and addresses of eligible facilities; x name of contact person at each facility; and x transporting the materials and voted ballots. M.R. 8240.1800 5.7.4 Head Election Judge Training In addition to election judge training, head election judges must complete an additional hour of training. This training includes: x duties before Election Day; x training and assignment; x new laws, rules, forms, and procedures; x preparations on Election Day before polls open; x polling place opening activities; x use of training materials to find answers to questions on Election Day; x helping election judges work together on Election Day; x use of voting equipment; x handling emergencies; x preparing election returns; and x returning election materials to the local election official. M.R. 8240.1750 140 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 30 5.8 ABSENTEE BALLOT BOARD ELECTION JUDGE TRAINING In order to serve as an election judge on an absentee ballot board, individuals must be appointed as provided in M.S. 204B.19 to 204B.22 and trained on the handling and processing of absentee ballots. It is recommended that this be at least a one-hour training that covers all aspects of the handling and processing of absentee ballots. An individual does not need to attend a basic election judge training course to serve on an absentee ballot board. M.S. 203B.121 5.9 PRESIDENTIAL NOMINATION PRIMARY ELECTION JUDGE TRAINING Election judges appointed to serve during the presidential nomination primary will need to have obtained election judge training within the past two years and attend an additional, specific training session shortly before the primary. 141 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 31 6.0 GIVING NOTICE 6.1 CANDIDATE FILING PERIOD NOTICE City clerks must publish a notice of filing dates at least two weeks before the first day of the candidate filing period. The city shall publish a notice in the official newspaper stating the first and last dates on which affidavits may be filed in the clerk’s office and the closing time for filing on the last day for filing. The clerk must post a similar notice 10 days before filing opens. The notice must list separately any office(s) where candidates can file affidavits to fill the unexpired term of a vacancy at a special election. The posted notice must also state the opening date, the closing time on the last day of the filing period, and where candidates may file affidavits of candidacy. M.S. 205.13, subd. 2 Note: The municipal clerk’s office must be open for filing from 1:00 p.m. to 5:00 p.m. on the last day of its filing period. 6.2 ELECTION NOTICE TO COUNTY AUDITOR Before every municipal election the municipal clerk must provide at least 74 days’ written notice to the county auditor. The notice should include the date of the election, the offices to be voted on, and the title and language for each ballot question. With this information, auditors are able to provide accurate information to the public, coordinate absentee voting, and begin ballot layout. M.S. 205.16, subd. 4; 205A.07, subd. 3 At least 74 days’ written notice must be given to the county auditor by the city clerk of any special election cancelled. M.S. 205.16, subd. 4; M.S. 205A.05, subd. 3 For mail elections, additional notice of the mail procedures must begin at least six weeks before the election. Please refer to the Mail Voting Guide found at the OSS Election Guides webpage (www.sos.state.mn.us/election-administration-campaigns/election-administration/election-guides/). M.S. 204B.45, subd. 2 6.3 ELECTRONIC VOTING SYSTEM NOTICE REQUIREMENTS 6.3.1 Notice of Public Accuracy Test (PAT) Public notice of the time and place of the Public Accuracy Test (PAT) must be given at least two days in advance by publication once in official newspapers. The PAT of the voting system must be performed within 14 days before Election Day. M.S. 206.83 6.3.2 Notice to OSS of Use of New Equipment When using new voting equipment, the clerk must submit a plan for the use of this equipment to the OSS more than 60 days before the first election where the municipality will use the new equipment. This plan must include information regarding the acquisition of sufficient facilities, computer time, and professional services. The plan must be signed and notarized before it is submitted to the OSS. The OSS shall review each plan for sufficiency. Within 20 days of receiving the plan, the OSS shall notify each reporting authority of the sufficiency or insufficiency of its plan. M.S. 206.58; 206.80; 206.82 6.3.3 Notice to Public of New Voting System The governing body of a municipality must provide information to the public regarding the use of a new voting system at least 60 days prior to the election. A demonstration voting system must be provided in a public place for the six weeks immediately prior to the first election at which the new voting system will be used. M.S. 206.58 142 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 32 6.3.4 Notice to Secretary of State of Change in Plan The clerk or auditor must notify the OSS of any changes to the plan on file prior to May 1st of each year following general election year. M.S. 206.82 6.4 NOTICE OF MAIL ELECTION PROCEDURES In a city where a mail election under M.S. Chapter 204B for mail ballot precincts will occur, notice of the election and procedures must be given at least 10 weeks prior to the election. When a mail election will occur, notice of the election and procedures must be given at least six weeks prior to that election. Please refer to the Mail Voting Guide found at the OSS Election Guides webpage (www.sos.state.mn.us/election- administration-campaigns/election-administration/election-guides/). M.S. 204B.45; 204B.46 6.5 PUBLIC NOTICE OF ELECTION In every city, except for those of the fourth class, the clerk must publish notice of the election two weeks before Election Day and again one week before Election Day. The clerk may also give 10 days’ posted notice. M.S. 205.16, subd. 1 Cities of the fourth class not located within a metropolitan county, as defined in M.S. 471.121 are not required to provide published notice of the election but must provide posted notice 10 days before Election Day. M.S. 205.16, subd. 1 All notices of election must include: x the election date; x voting hours; x all polling place locations; and x a list of all offices and questions on the ballot. M.S. 205.16, subd. 1 6.6 NOTICE OF NO PRIMARY If there are no partisan or nonpartisan offices for which nominees must be selected, the city council may decide whether a state primary will be held. If the city council decides that there will not be a primary, within 15 days of the close of filing, the clerk must post a notice of the primary cancellation and must also notify the OSS. M.S. 204D.03; 204D.07 6.7 SAMPLE BALLOT For every municipal election, the clerk must publish a sample ballot at least two weeks before the city election, post the sample ballot at least four days before the election, and post a sample ballot on Election Day in each polling place. M.S. 205.16, subds. 2 & 3 Fourth class cities not located within a metropolitan county, as defined in M.S. 473.121, are not required to publish the sample city ballot. M.S. 205.16, subd. 2 Note: Providing an electronic sample ballot file to the OSS is optional for elections not held in conjunction with state elections. M.S. 205A.07, subd. 2 143 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 33 7.0 CANDIDATE FILING 7.1 FILING PERIOD Candidate filing is the process through which candidates have their names placed on the ballot. City clerks are the filing officers for the city offices, meaning the clerk, or a designated deputy, administers candidate filing. M.S. 205.13, subd. 1 Candidates must file during a two week filing period. In cities nominating candidates at a municipal primary, an affidavit of candidacy for a city office voted on in November must be filed during a two-week period that opens not more than 84 days (May 17, 2022) before the primary and closes not less than 70 days (May 31, 2022) before the primary. In all other cities, affidavits of candidacy must be filed during a two-week period that opens not more than 98 days (August 2, 2022) before the general and closes not less than 84 days (August 16, 2022) before the general. Hospital district office candidates file with the city or township clerk during the same “late filing” time period. M.S. 447.32, subd. 4 For special elections not held in conjunction with another election, candidates file affidavits of candidacy during a two-week period that opens not more than 70 days before the election and closes not less than 56 days before the election. M.S. 205.13, subd. 1a If a candidate will be absent from the state during the filing period, the candidate may file an affidavit, and filing fee or required petition during the seven days immediately before the candidate leaves the state. The candidate must state in writing the reason for being unable to file during the normal filing period. In cities of the first class (and other cities which permit the use of a nominating petition under city charter), a nominating petition for an absent candidate may be signed during the 14 days immediately before the affidavit is filed. M.S. 205.13, subd. 1a; 205.13, subd. 1b The clerk must publish a notice of filing dates, location and closing time at least two weeks before filing opens and must post a similar notice 10 days before filing opens. The municipal clerk’s office must be open from 1 p.m. to 5 p.m. on the last day of filing. M.S. 205.13, subd. 2 7.2 CANDIDATE ELIGIBILITY For a city office, any person may be a candidate who is: x eligible to vote; x will be 21 years old on assuming office; and x will have been a resident of the city for 30 days before the general election. M.S. 204B.06, subd. 1 Also, mayor or city council member elected or appointed after August 1, 2010 may not be a full-time permanent employee of the city. M.S. 410.191, 412.02, subd. 1a Note: Charter cities may have additional requirements. 7.3 FILING PROCESS A candidate for city office must file an affidavit of candidacy with the city clerk. The steps for candidate filing are as follows: x a candidate for an office to be voted for at the city general election must file an affidavit of candidacy with the city clerk; x affidavits must be signed, notarized and delivered in person or otherwise to the clerk during the candidate filing period; x in most cases, affidavits are completed, signed and signed by the authorized filing officer at the time of filing; 144 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 34 x however, some are completed before arriving. If so, affidavits must be signed, notarized and delivered in person or otherwise to the clerk during the filing period; x absent candidates may follow the process listed in section 7.1 above; x alternatively, five or more voters can “draft” a candidate by filing an application on behalf of an eligible voter in the city with the city clerk; o this candidate’s name is placed on the ballot after the proper filing fee is received; x the proper filing fee must be paid or a petition in place of a filing fee must be filed at the time of filing; x candidate filings are not complete unless accompanied by the filing fee or petition in place of the filing fee; o filing fees are nonrefundable once accepted by the filing officer; o filing fees are $20 in first class cities, $5 in second or third class cities, and $2 in fourth class cities; o a home rule charter or statutory city may adopt, by ordinance, a filing fee of a different amount not to exceed the following: ƒin first class cities, $80, in second and third class cities, $40, and in fourth class cities, $15 o A home rule charter city that sets filing fees by authority provided in city charter is not subject to the fee limits of this section x the candidate may file in place of the filing fee a petition by eligible voters having either 500 or a number equal to 5% of the total number of persons who voted in the last general election when the office was on the ballot (whichever is less); x affidavits of candidacy must be numbered in the order they are received by the filing officer; x when the similarity of both the first and last names of two more candidates for the same office and election may cause confusion, candidates may provide up to three additional words to be printed to distinguish between the two; x the name placed on the ballot is the candidate’s true name or the name by which the candidate is commonly and generally known in the community; x confirm the capitalization of a candidate’s name; x any individual who has an issue with the names placed on a ballot or with the candidate filing process may file an error and omissions petition in accordance with M.S. 204B.44; and x Charter cities may have additional requirements. M.S. 204B.10; 204B.11, subd. 2(d); 205.13, subd. 1; 205.13, subd. 3; 205.13, subd. 4 Because candidate names will now appear on ballots with upper and lower case lettering, it is important to make sure that the candidate has listed exactly how the name should be spelled and capitalized. It is suggested to make a copy of the affidavit and go over the spelling and capitalization of the name with the candidate, underlining the exact letters that should be capitalized, before the candidate leaves. 7.3.1 Withdrawal A candidate may withdraw from participation in the election by filing an affidavit of withdrawal with the filing officer. The affidavit shall request that the official withdraw the candidate’s name from the ballot. The candidate’s filing fee is non-refundable. A candidate may stop campaigning but their name will remain on the ballot if they fail to submit an affidavit of withdrawal during the withdrawal period. City candidates have until 5:00 p.m. two days after the close of filing to withdraw. A copy of the Affidavit of Withdrawal is available at the OSS Candidate Withdrawal webpage (http://www.sos.state.mn.us/election-administration-campaigns/become-a-candidate/candidate- withdrawal/). M.S. 205.13, subd. 6 145 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 35 7.3.2 Non-partisan Vacancy in Nomination A non-partisan vacancy in nomination exists when: x a candidate for any non-partisan office, for which one or two candidates filed, withdraws as provided in M.S. 204B.12, subd. 1; or x a candidate for any nonjudicial nonpartisan office, for which only one or two candidates filed or who was nominated at a primary, dies on or before the 79th day before the date of the general election. A non-partisan vacancy in nomination may be filled by: x filing an affidavit of candidacy and paying a filing fee, or x by filing an affidavit of candidacy and filing a petition in place of a filing fee, in the manner provided in M.S. 204B.06, 204B.09 and 204B.11. All documents and fees required must be filed within five days after the non-partisan vacancy in nomination occurs. There must be a two-day period for withdrawal of candidates after the last day for filing. If the non-partisan vacancy in nomination resulted from a withdrawal during the withdrawal period held on the 68th to 69th day before the primary, and if, at the end of the withdrawal period to fill the vacancy, there are more than two candidates, the candidates’ names must appear on the primary ballot. In all other cases, the candidates’ names must appear on the general election ballot. M.S. 204B.131 7.4 WHEN NO ONE FILES FOR AN OFFICE If no one files for an office, the general election ballot will reflect only write-in spots for candidates. If it is a “vote for one” office, there will only be one write-in space. If it is a “multi-seat” office (i.e., vote for up to 3), the number of write-in spaces matches the number of candidates to be voted. 7.5 CAMPAIGN PRACTICE & FINANCIAL REPORTING (CAMPAIGN MANUAL) As candidates file, the clerk must give them a copy of the Minnesota Campaign Manual, available the OSS Election Guide webpage (http://www.sos.state.mn.us/election-administration-campaigns/election- administration/election-guides/). This Manual explains campaign financial reporting requirements, found in M.S. 211A, and campaign practices requirements, found in M.S. 211B, that apply to municipal candidates. M.S. 211B.14 Although the clerk does not interpret or enforce campaign finance laws, the clerk must: x give a copy of the Minnesota Campaign Manual, the financial reporting form, and the Certificate of Filing form to each candidate at the time of filing; x receive financial reports from candidates and committees according to campaign finance report filing schedule, described in the Minnesota Campaign Manual; with the clerk’s permission, these forms may be filed electronically; x the campaign report filing schedule is triggered after a committee or candidate files an initial campaign finance report, due within 14 days after they receive contributions or make expenditures in excess of $750; x charter cities may have additional campaign finance requirements; x collect Certification of Filing forms from all candidates and committees within seven days after the election; x have financial reports available for public inspection; x post the financial reports on web site for four years if a web site is maintained as soon as received, but not later than 30 days after receipt; x provide the Campaign Finance and Public Disclosure Board with the link to the financial reports section of their web site; 146 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 36 x if a candidate or committee has filed an initial report, but fails to file a subsequent campaign finance report when due, notify the candidate or committee of the failure; if no reply is received within 10 days after notification is mailed, file a complaint before the Minnesota Office of Administrative Hearings; and x must issue Certificates of Election only to winning candidates who have filed Certification of Filing forms. M.S. 13.601, subd.1; 211A.02; 211A.05; 211B.14 For information on campaign practices for state office candidates or constitutional amendment campaigns, call the Minnesota Campaign Finance and Public Disclosure Board at (651) 296-5148 or visit www.cfb.mn.gov. 7.7 CAMPAIGN COMPLAINTS Complaints of campaign finance or practice violations (M.S. 211A or 211B) are heard by the Office of Administrative Hearings (OAH). To initiate a complaint, a completed form must be filed with the OAH; the matter is then subject to review and possible hearing. For further information on complaints and penalties, see the OAH’s Fair Campaign Practices webpage (https://mn.gov/oah/self-help/administrative-law- overview/fair-campaign.jsp). M.S. 211B.32 In addition to receiving financial reports required under M.S. 211.02, clerks also have to notify a candidate or committee that has filed an initial report of the failure to file a subsequent report. If a report is not filed within 10 days after the notification is mailed, the filing officer must file a complaint with the OAH. M.S. 211A.05, subd. 2; 211A.32 Clerks are not responsible for interpreting or enforcing campaign finance or practices laws but have the following administrative duties for local candidates who report under M.S. 211A: x provide report forms to candidates or committees. The forms are printed by the OSS and distributed through the auditors and are available at the OSS Campaign Filing Packet webpage (http://www.sos.state.mn.us/election-administration-campaigns/become-a-candidate/campaign- filing-packet/) x receive financial reports from candidates and committees (They may be filed electronically); x notify a candidate or committee that has filed an initial report of the failure to file a subsequent report on the date it is due; x file a complaint with the OAH of any candidates or committees who appear to have collected or spent more than $750 but did not file Campaign Financial Reports and/or a Certification of Filing form; x hold financial reports available for public inspection; x collect Certification of Filing forms from all candidates and committees within seven days after the election, available at the OSS Campaign Filing Packet webpage (http://www.sos.state.mn.us/election-administration-campaigns/become-a-candidate/campaign- filing-packet/); and x issue Certificates of Election only to winning candidates who have filed Certification of Filing forms. M.S. 13.60; 211A.02; 211A.05; 211B.32 7.6 STATEMENT OF ECONOMIC INTEREST Candidates in a metropolitan governmental unit, as defined in M.S. 10A.01, subd. 24, are required to file a statement of economic interest within 14 days of filing an affidavit of candidacy or a petition to appear on the ballot. A supplemental statement of economic interest must be filed on April 15 of each year after this initial filing if the individual remains in office and the information on a previously filed statement has changed. Any city clerk collecting statements of economic interest must maintain them as public data. M.S. 10A.01; 10A.09 147 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 37 8.0 BALLOT PREPARATION 8.1 BALLOT PRINTING ARRANGEMENTS Contact the county election official to confirm the specifics of responsibilities for printing ballots for the city. During state election years the county auditor will instruct on how ballot preparation will be coordinated with the city. The official administering the election must identify a ballot printer as early as possible and begin working with the printer well before filing closes. Immediately after the filing period closes and the withdrawal period has passed, the official administering the election needs to finalize the ballot preparation. The ballots must be prepared in time to have a supply for every precinct available to cover absentee voting at least 46 days before all elections. M.S. 203B.081; 204B.35 The official charged with preparation of the ballots prepares instructions for the printer in writing addressing candidate name rotation, if any, and ballot layout. These instructions must be approved by the legal advisor of the official before delivery to the printer. If the printing contract will exceed $1000, the election official may request the printer first furnish a bond, letter or credit, or certified check conditioned on the ballot being prepared in accordance with the furnished instructions and Minnesota election law. M.S. 204D.04, subd. 2 Each precinct must be provided with at least 100 ballots for every 85 individuals who voted in that precinct at the previous election for the same office or on similar questions, or in an amount at least 10 percent greater than the number of votes which are reasonably expected to be cast in that precinct, whichever supply of ballots is greater. The auditor or clerk must certify the number of ballots being provided to each precinct, without opening any of the packages of ballots, and provide this number to the election judges for inclusion on the summary statement. M.S. 204B.28, subd. 3; 204B.29 sub. 1 When determining ballot quantities, also consider: x referring to turnout statistics of previous similar elections; x noting campaign activity and public interest which may increase voter turnout. M.S. 204B.29, subd. 1 A major decision to resolve well in advance is whether to use an electronic voting system or traditional hand counted ballots. Even when normally using an electronic voting system for state elections, it may be more convenient and cost-effective to hand count the ballots for low turnout elections. Even with hand counting, ballots must be in optical scan format to accommodate use of the assistive voting devices. 8.2 BALLOT LAYOUT By May 1 of state election years, the OSS will distribute examples of the ballots to auditors and on the Example Ballots webpage (http://www.sos.state.mn.us/election-administration-campaigns/election- administration/example-ballots/). The county auditor distributes copies of the example ballots to the clerks in municipalities holding elections that year. M.R. 8250.1810, subp. 18; M.S. 204D.09, subd. 1 8.2.1 Optical Scan Ballot Layout Ballots must be prepared by the county auditor according to the rules for format of optical scan systems. The ballots must be packaged for each precinct in groups of 25, 50 or 100. M.R. 8250.1810 148 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 38 8.3 PROOFING TIPS x Check ballot header language for accuracy. x Check that the layout matches the example ballot. x Check the headings on the ballot. x Check order of offices on ballot. x Check the vote for # on each office. x Check to make sure candidates are in proper order for each race. x Check that candidate names are spelled correctly. x Check capitalization of candidate names. x Check these items for both the front and back sides of the ballots. Note: If it is determined that the candidate’s name provided on the affidavit of candidacy should not appear on the ballot because it gives the candidate an advantage over an opponent, including words descriptive of the candidate’s occupation, qualifications, opinions or principles, then the candidate should be notified that their name will appear on the ballot in a different form than was provided in the affidavit of candidacy. M.S. 204B.06; 204B.35 subd. 2 8.4 COURT REMEDY FOR ERRORS & OMISSIONS Any person may petition a court to seek to correct any error, omission or wrongful act that they feel has occurred or is about to occur in the election process or ballot preparation. This includes mistakes in preparing or printing ballots, errors or omissions in printing names or questions, or any error or wrongful act of any individual charged with any duty concerning an election. The petitioner must state the problem and the proposed solution in the petition. In matters concerning election for state or federal office the petition must be filed with any judge of the state Supreme Court. In matters concerning election for county, municipal, or school district office the petition must be filed with any judge of the district court in the county where the election was held. The court will hold an expedited hearing and issue its findings and order as soon as possible after. Failure to obey the order is contempt of court. M.S. 204B.44 149 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 39 9.0 BALLOT QUESTIONS 9.1 WHAT ARE BALLOT QUESTIONS? The city may decide to place certain questions on the ballot that the voters are authorized or required under the law to vote on. Some of the more common questions include: x Adoption or amendment of a city charter. x Changing options for organizing governing body. x Liquor licensing or Sunday liquor sales. x Issuance of city bonds. x Other subjects authorized by the city charter. M.S. 275.60; 340A.416; 416; 340A.504, subd 3(c) 9.2 PETITIONS Special elections may be held in a city on a question on which the voters are authorized by law to pass judgment. In these cases, a special election may be ordered by a city council by its own motion or upon receipt of a petition signed by a number of voters equal to 20 percent of the voters at the last city general election. A question is carried only with a majority in its favor required by law or charter. The same question must not have been submitted to voters within the previous six months. Specific directions for all petitions used in elections are provided in M.R. 8205. This rule addresses petition form, circulation, signing, filing and verification. M.S. 205.10; M.R. 8205 9.3 ADVISORY ELECTIONS Occasionally there will be calls for an “advisory” election on a given topic. The Attorney General has previously ruled that unless authorized by a specific law, advisory elections would violate Minnesota law. M.S. 205.10, subd. 1 A specific exception is provided for cities when the council has sole authority to decide whether the city should join a special district or similar independent governmental body having taxing powers within the city. In these cases, the council has authority to submit to the voters at a regular or special election the question of whether the municipality should join such a body. The results of the election on the question so submitted shall be advisory to the council only and shall have no binding effect upon its decision to join or withdraw from the special district or similar independent body. M.S. 412.221, subd. 33 An additional specific exception is a special election held by a city to authorize a city charter. M.S. 205.10 subd 1 9.4 BOND & LEVY REFERENDUMS A bond referendum is a referendum held to determine if the jurisdiction should be authorized to sell bonds to obtain the funds to finance a project, such as a new building. For all bond or levy referendums that will have the effect of raising property taxes, the ballot must include the notice: BY VOTING “YES” ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. M.S. 275.60 A levy referendum is a referendum held to determine if the jurisdiction should be authorized to levy additional property taxes to fund general operational expenses. Levy referendum ballots may also require notice of the maximum amount of the increased levy as a percentage of market value and the amount that will be raised by the new referendum tax rate in the first year it is to be levied. M.S. 275.61 150 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 40 10.0 VOTING SYSTEMS 10.1 WHAT ARE VOTING SYSTEMS? All voting systems must meet standards issued by the federal government and be certified by the OSS before they can be used in Minnesota. 10.1.1 Optical Scan Optical scan voting systems are electronic ballot counters that use scanners for reading the marks voters make on the ballots similar to the process used for standardized testing. They can instantly produce vote totals, even on the most complex ballots. Other than paper ballots, current state law permits the use of only optical scan type voting systems. M.S. 206.57, subd. 6 Optical scan systems are available in two configurations: x "precinct ballot counters" that sit on top of the ballot box in the polling place and that scan the ballot as the voter places the ballot into the ballot box. x "central count" systems where ballots are collected from several precincts and brought to the scanner for tabulation. M.S. 206.56, subd. 8;206.57 The following are certified precinct optical scan voting systems in the State of Minnesota: M100 Accu-Vote DS200 VerityScan ImageCast Evolution 10.1.2 Assistive Voting Device Every precinct must have at least one assistive voting device. The assistive voting device allows voters with disabilities to mark their ballot independently and privately but does not count the ballot. Local jurisdictions must make assistive voting devices purchased with HAVA funds available to other jurisdictions holding stand-alone elections. The jurisdictions providing the equipment cannot charge the jurisdiction using the equipment a rental fee, but may require reimbursement for any actual direct cost that results from the equipment’s use and prorated indirect cost of maintaining and storing the equipment. Reimbursements for any cost paid for with HAVA funds must be deposited in the counties HAVA account. M.S. 204B.18, subd. 1 151 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 41 The following are certified assistive voting devices in the State of Minnesota: AutoMARK ImageCase Evolution Verity TouchWrite OmniBallot 10.2 STATE COOPERATIVE PURCHASING VENTURE (CPV) The Minnesota Department of Administration, working with the OSS, may enter into purchasing agreements with certified vendors of optical scan voting systems to provide low prices and easy purchasing of precinct ballot counters. For a nominal fee, local governmental subdivisions may join the CPV program and make purchases at state prices without the necessity of doing a competitive procurement. For more general information about the state CPV program, visit the MN Dept. of Administration’s CPV webpage at http://www.mmd.admin.state.mn.us/coop.htm. If you have questions regarding the 2020 voting equipment state contract, you may contact Elizabeth at 651/201- 3122 or elizabeth.randa@state.mn.us and note that it is related to Contract Release #V-55(5). State contract prices are “ceilings.” Purchasing entities are encouraged to ask for deeper discounts especially if ordering a large quantity. The state did not negotiate voting equipment licensing terms. So it is suggested that purchasing entities review all license terms and negotiate them as needed. 10.3 PROGRAMING & BALLOT LAYOUT Voting systems require specific programming for each election, and the programming must be carefully coordinated with ballot printing. Some jurisdictions opt to do their own programming, but the vast majority contract for this service. Either way, timeliness is critical. As soon as possible, jurisdictions must provide the programmer with complete ballot information including office order, candidate names, base rotation, ballot questions, and the precinct registration counts used in the rotation algorithm. The deadline for providing the candidate names is within five days after the withdrawal period closes. If all candidates are entered into ERS, the OSS works to electronically transfer the candidate information to the vendor. Share candidate name pronunciation instructions with the auditor to enter into ERS for ballot vendors. The vendor or programmer, in turn, must provide the completed programming to the jurisdiction at least 21 days prior to the election. M.R. 8220.0850 10.4 TESTING State statutes and rules require jurisdictions to complete two rounds of testing of optical scan equipment and assistive voting equipment and programming prior to Election Day. Contact the county election official to confirm the specifics responsibilities in the testing process. Preliminary testing is extensive and should be performed as soon as possible. The second round of testing is a Public Accuracy Test which occurs within 14 days of the election. Each jurisdiction that operates electronic voting equipment, even if only an assistive voting device is employed, must hold a PAT, giving at least 48 hour published and posted notice of the time and place of the test. At least two election judges from different parties must be on hand to witness the test. If the jurisdiction has three or fewer precincts, all precincts must be tested. If more precincts exist, test at least three including one from each congressional, legislative, county commissioner, school district and ward. The public is welcome to watch the test. See the Equipment Testing Guide for more details on conducting testing available at the OSS Elections Guide webpage (http://www.sos.state.mn.us/election-administration-campaigns/election- administration/election-guides/). M.S. 206.83; M.R. 8220.1550 152 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 42 153 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 43 11.0 ABSENTEE VOTING There are two distinct absentee voting processes: x the Minnesota process (i.e. regular), found in M.S. 203B.04 to 203B.15; and x the process for military and overseas voters (those covered by UOCAVA – the Uniformed and Overseas Citizens Absentee Voting Act), found under M.S. 203B.16 to 203B.27. The county auditor administers UOCAVA voting for all elections. The jurisdiction responsible for administration of the regular (Minnesota) process varies depending on the type of election. The following section provides a brief introduction to absentee voting administration. Complete information can be found in the Absentee Voting Administration Guide available on the OSS Election Guides website at https://www.sos.state.mn.us/election-administration-campaigns/election-administration/election-guides/ 11.1 WHO – ADMINISTERS REGULAR ABSENTEE VOTING 11.1.1 State Elections The county auditor administers regular absentee voting for county, state and federal elections. They may also designate regular AB administration to a full-time municipal clerk. A full-time clerk must accept the designation. If the auditor has not designated, a full-time clerk may give the auditor notice that the municipality will administer regular absentee voting. (A clerk of a city that is located in more than one county may only administer absentee voting if the clerk has been designated by the county auditor or has provided notice to each of the county auditors that the city will administer absentee voting.) In order to be designated, the municipality must have the technical capacity to access SVRS and must first receive SVRS training from the OSS. The designation by the auditor or notice provided by the clerk must specify whether the clerk will be responsible for the administration of a ballot board as provided in M.S. 203B.121. M.S. 203B.05, subd. 1; 203B.22 11.1.2 Standalone City Elections When a city election is held on a different day than a state election, the city is responsible for administering absentee voting for its election (with the exception of UOCAVA absentees). However, if the city asks the county, and the county agrees, the county may administer all absentee voting on their behalf. 11.1.3 Special Elections County, municipal and school district special elections must be held on one of five uniform election dates in a given year. So, it is possible that overlapping jurisdictions may hold special elections on the same day. (For example, city and school district holding concurrent special elections.) Voters must not be required to go to more than one location in order to cast an absentee ballot. So, if concurrent special elections occur, absentee voting will be administered by jurisdiction ranked highest in the election hierarchy. Note: Election Hierarchy Top to Bottom: Federal/State, County, Municipal, School District. For example, if a county and a municipality are conducting an election on the same day, the auditor administers absentee voting for the other jurisdictions whose residents also reside in the county. If a city and a school are conducting an election on the same day, the city clerk will administer absentee voting for the school district’s residents who also reside in the city. The school district would administer absentees for all other voters. 154 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 44 11.2 WHERE & WHEN – ABSENTEE VOTING LOCATIONS & THE ABSENTEE TIME PERIOD At county/state elections, an eligible voter may vote by absentee ballot in the office of the county auditor and at any other absentee polling place designated by the county auditor. The auditor must designate absentee polling places at least 14 weeks before the election at which they will be used. These AB polling places must include at least one voting booth and an assistive voting device. M.S. 203B.081, subds. 1 & 2 For standalone city elections, the office of the clerk and any other locations designated by the clerk serve as the absentee voting location(s). The absentee time period is for 46 days before the election. Regardless of the jurisdiction, or whether it is a regularly-scheduled or special election, all absentee voting laws, processes and procedures must be followed. Clerks administering absentee voting are subject to the same polling place prohibitions that election judges enforce on Election Day. During absentee voting, the place of business is the voter’s polling place. In-person absentee voting locations must be open during the entire absentee voting period. Additional In- person absentee voting locations that only provide for “direct balloting” (the alternate procedure described in M.S. 203B.081, subd. 3) during the seven days preceding an election, are only required to be open for the seven days preceding election day. M.S. 203B.081, subds. 1 & 3; AG Opinion, January 2, 2020). 11.2.1 Voting Hours Absentee voting should be available during the office’s regular business hours throughout the absentee period. For certain jurisdictions, additional extended hours are required: x Saturday before Election: Counties, cities and townships must be open from 10:00 a.m. to 3:00 p.m. o Exception: For town general elections held in March, the clerk’s office must be open from 10:00 a.m. to 12 noon. Note: If the county is administering ABs for this election, the county must remain open until 3:00 p.m. x Day immediately before Election Day: Counties, cities and townships must remain open until 5:00 p.m. o Exception: If ‘day immediately before’ is a Saturday or Sunday, counties and municipalities do not need to be open until 5:00 p.m. Note: There is not a Minnesota Statutes or Rules requirement to publish or post the office’s absentee voting hours. However, many offices will do so as a public service best practice. 11.3. HOW – BALLOTS & BALLOT BOARDS 11.3.1 Anticipating Absentee Voter Counts Use your past experience in similar elections and feedback from county and/or municipal election administrators to estimate the number of anticipated absentee voters. Adjust for health care facilities within your jurisdiction and for municipal growth. Some counties have formulas to use for this process. 11.3.2 Ballot Supply Has Not Arrived Ballots must be available for absentee voters at least 46 days before the election. If the vendor preparing your ballot is late in providing them, absentee voting must still begin as scheduled. You must accommodate absentee voters under emergency procedures using substitute ballots. (This situation is similar to running out of printed ballots at the polling place on Election Day.) M.S. 204B.35, subd. 4; 204B.39 155 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 45 Substitute ballots are prepared to look like the official ballots as much as possible. The words “Substitute” must be printed in brackets directly above the words “Official Ballot” on the ballots. When delivered, these ballots must be accompanied by an initialed affidavit from the election official who prepared them that lists the reason why the official ballots were not ready. M.S. 204B.39 11.3.3. Issuing Ballots An application is required before an absentee ballot can be issued. Any eligible voter may apply for an absentee ballot using the Minnesota process. If an applicant is not registered, they will register as part of the absentee voting process. M.S. 203B.02; 203B.04, subds. 1 & 4 Note: Minnesota law does not provide for a continuous absentee ballot request. A voter who has voted AB for an election of the same type in the past must submit a new absentee ballot application form for the current election. 11.3.4 Ballot Boards The governing body of the jurisdiction administering regular absentee voting must authorize an absentee ballot board by ordinance or resolution. The absentee ballot board is a special board of election judges or election administrators that process and count returned regular absentee ballots. The county auditor must establish a UOCAVA ballot board to process returned UOCAVA absentees. Minnesota law does not provide a defined time period for establishing a ballot board. However, as a regular AB board must meet at regular intervals shortly after the receipt of returned absentee ballots and a UOCAVA board must meet immediately after ballots are returned, it is good practice to have the board established by the start of the elections absentee period. M.S. 203B.121, subd. 1 The absentee ballot board must consist of a sufficient number of election judges trained in the handling and processing of absentee ballots. The board may include deputy city clerks who have received training on AB processing. Election Judges performing ballot board duties must be of different major political parties; deputy clerks are exempt from the party balance requirement. M.S. 203B.121, subd. 1 Notes: x A sample resolution establishing a ballot board is available in the Absentee Voting Administration Guide. When a city clerk is designated to administer regular absentee voting for county/state/federal elections, the designation must specify whether the clerk is responsible for the administration of the ballot board. 156 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 46 157 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 47 12.0 ELECTION DAY 12.1 VOTING HOURS & POSTPONEMENT For state primaries and general elections, polling places must be open from 7:00 a.m. to 8:00 p.m. For municipal elections, the minimum voting hours for cities in the metropolitan area are from 10:00 a.m. to 8:00 p.m. For municipal elections outside the metropolitan area, minimum hours are from 5:00 p.m. to 8:00 p.m. The “metropolitan area” for elections is defined as the counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington and Wright. M.S. 205.175, subd. 1 Voters waiting in line at closing time are allowed to register and/or vote. Those who arrive after the closing hour cannot vote. Local municipal elections not held in conjunction with a state or federal election may be postponed for inclement weather. When one or more local jurisdictions are holding elections in conjunction with one another, the jurisdiction with the largest local geographic area has the authority, after consulting with other auditors and clerks, to postpone the election. A decision to postpone must apply to every precinct in the jurisdiction and must be made no later than 6:00 p.m. on the day before the election. A postponed election must be rescheduled for the next following Tuesday. An election that is postponed due to weather may be postponed again. M.S. 204C.05; 205.07, subd. 1a; 205.105; 205.175 12.2 ACTIVITY IN OR NEAR THE POLLING PLACE 12.2.1 Authorized Persons in the Polling Place during Voting The polling place will be administered by the head election judge and the other election judges on Election Day. No public official, including the clerk may assume the duties of an election judge simply because they hold elected or appointed office. All election judges must be eligible to serve, trained, and appointed according to the law. Each official on duty in the polling place must wear an identification badge that shows their name and role in the election process, such as head judge, election judge, or election judge trainee. The name and role badge must not show their party affiliation. M.S. 204C.06, subd. 2; 204B.19; 204B.20; 204B.21; 204B.25 During voting hours, the law allows only election judges, people directly engaged in voting, and authorized persons to be present in the polling place. Authorized persons are: x Persons helping a voter who is disabled or unable to read English. x Persons who are vouching for a voter’s residence. x Observers with written authorization from the OSS, the county auditor, or the clerk for the purpose of observing election procedures. x Peace officers, if the election judges request their presence to keep order. x Children when accompanying voters. x Challengers authorized to observe in the polling place. x Teachers, elementary and high school students if participating in a mock election that has been authorized by the secretary of state. x The news media. x Persons making a written complaint. M.S. 204C.06 158 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 48 12.2.2 Election Materials & Equipment Security Election judges represent the first line of defense for the physical and cyber security of Minnesota’s elections. All election judges must keep a watchful eye on all voting equipment, removable memory devices, ballots & supplies throughout the Election Day. Individuals observed inspecting, assessing or attempting to access or connect a device to voting equipment input/output data ports should be addressed by the head judge (and additional election judges if needed), with the incident communicated to the local election official immediately. Further, it is good practice to view/inspect the seals and any port plugs on voting equipment & ballot storage containers throughout the day, with concerns again being reported immediately. Voter reports to election judges of observation of any of the above, or of e-mail, text, social media, phone or other communications attempting to disrupt or influence the elections process should similarly be reported. A sergeant-at-arms or a peace officer may be requested to arrest or remove from the polling place any individual who, despite a warning to desist, engages in disorderly conduct, to include attempting to tamper with voting equipment. A sergeant-at-arms or a peace officer shall not otherwise interfere in any manner with voters. The sergeant- at-arms or peace officer cannot remain in or within 50 feet of the entrance of the polling place once peace has been restored. Note the details of all security concerns & how they were addressed on incident log. M.S. 204C.06, subds. 5 & 6 12.2.3 Media Access A news media representative may enter a polling place during the voting hours only to observe the voting process. A media representative must present photo identification to the head election judge upon arrival at the polling place, along with either a recognized media credential or written statement from a local election official attesting to the media representative’s credentials. A media representative must: x Stay at least six feet from voters. x Not converse with voters or interfere with the voting process. x Not make a list of those voting or not voting. M.S. 204C.06, subd. 8 12.2.4 Prohibited Polling Place Activities Some persons, items and activities are not allowed in the polling place: x Disorderly persons. x Intoxicated persons and/or liquor. x Persons who are campaigning and/or campaign materials including literature or buttons. x Smoking. x Lingering. M.S. 204B.06 People may not gather or linger in the polling place or within 100 feet of the building in which the polling place is located. One exception is an individual conducting an exit poll. Exit polls cannot be conducted within the polling place, but may be conducted anywhere outside of the room being used as the polling place. An individual conducting an exit poll may only approach voters as they leave the polling place after having voted to ask them to take an anonymous written questionnaire. Furthermore, campaigning is also not allowed in the polling place, within 100 feet of the building where the polling place is located or on public property if the polling place is on public property. This prohibition on campaigning means that campaign 159 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 49 buttons cannot be worn in the polling place and campaign signs cannot be displayed within 100 ft of the building or on public property if the polling place is on public property. Voters, however, may take sample ballots from the newspapers or campaign flyers into the voting booth for personal use but they should take care not to display these materials outside of the voting booth. These prohibitions also limit where meetings and other activities can be held in polling place sites with multiple rooms. M.S. 204C.06; 204C.13, subd. 2; 211B.11 See the Election Judge Guide for additional information regarding prohibited conduct in the polling place. The Election Judge Guide can be found at the OSS Election Guides webpage (http://www.sos.state.mn.us/election-administration-campaigns/election-administration/election-guides/). On Election Day, if the clerk and other elected officials are not eligible to be appointed as election judges (e.g., they may be candidates in that election), special care must be taken to ensure that they do not act “in any manner” to influence voters in, or near, the polling place. Note: Per Schimming v. Riverblood, OAH 7-6347-20326-CV (June 5, 2009), the prohibition of signs and campaign materials within 100 feet does not apply to adjacent private property. 12.3 ELECTION JUDGE NEUTRALITY IN THE POLLING PLACE Even though many judges are affiliated with major parties and often have strong political opinions about candidates and ballot questions, once a judge steps into the polling place and takes the oath, they are to remain neutral while serving in the role of election judge. Voters have the right to vote in a polling place, free of any influence. This can be difficult when there is a controversial question on a ballot; especially a constitutional amendment. Many people will ask election judges, what does this “mean?” Or, what effect does this or that action have on the outcome of the election? There should be nothing for election judges to explain orally about any question. The instruction wording is printed on the ballot above all questions. The instructions above a constitutional amendment are very clear and are explicitly laid out in law. It is suggested that when election judges are asked about ballot questions, to refer the voter to the instructions. If needed, the election judge may read the instructions out loud. No further explanation is needed. 12.3.1 Election Judge Code of Conduct x Always remain courteous and professional. x Do not bully or harass local election officials, head judges, other election judges, challengers, media, election administration representatives, vouchers, voters, or voter assistants. x Follow all instructions and complete all assignments given to you by the head judge. x Keep the head judge informed of all concerns and document details on incident logs. x Refrain from partisan comments or discussions. x Do not discuss the decisions and/or actions of political leaders. x Refrain from personal opinions of current election administration laws, rules, procedures and/or tasks. x Except to verify “party balance,” do not disclose or use for any other purpose the party affiliation or unaffiliated status of other election judges. x Avoid any action that may influence how a person votes. 160 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 50 x Respect a voter’s right to use the lawful assistance of any eligible person of their choice. x Provide respectful assistance to persons with language and/or disability challenges. x Respect the secret ballot and the privacy of voters. o Do not give advice, scrutinize ballots, or reveal how people voted. o Never disclose personal information about voters found on the polling place roster (for example, a voter’s birth date). o Conceal or hide a “challenge” status notation of voters from the view of other voters. M.S. 204B.19, subd. 5; 204B.21, subd. 3; 204B.24; 204C.10(e); 204C.15, subd. 1 12.4 ELECTION DAY VOTER REGISTRATION Minnesota permits Election Day registration. The clerk may expect 20 percent or more of voters to register at the polling places on Election Day. To help avoid delays and congestion, plan a flow of traffic for voter registration and voting lines. Consider appointing additional judges to handle registration duties. Judges who register voters cannot also handle ballots for the same voter. These duties must be separated. M.S. 201.061; 201.018; M.R. 8200.5300 Election judges must make sure each applicant is registering in the proper place. The clerk must supply an accurate precinct finder or precinct map to each polling place in the city. Election judges use the precinct finder or precinct map supplied by the clerk to determine if persons are registering in the correct precinct. M.R. 8200.5300 The clerk must return the polling place roster(s) and completed VRAs to the county auditor within 48 hours following the end of voting. M.S. 204C.07; 201.018 12.5 CHALLENGERS Specifically-appointed “challengers” are permitted to be present in the polling place during the hours of voting. When challengers arrive at a precinct, they should be directed to the Head Judge to prove their Minnesota residency by presenting one of the proofs of residence accepted for Election Day registration (see M.S. 201.061, subd. 3 for list) and a letter of appointment from a party or non-partisan candidate. Challengers do not need to prove residence in the precinct where they are appointed on Election Day. M.S. 204C.07; 204C.12 The challenger cannot speak to voters. Furthermore, the challenger cannot: x handle or inspect any of the voting materials x make lists of who has or has not voted x compile lists of voters to challenge on the basis of mail sent by a political party that was returned undeliverable, and x cannot attempt to influence voting in any manner. Challenge of a particular voter’s eligibility to vote takes place through the election judge. The challenger must complete the Oath of Challenge to Voters Eligibility form for each challenge and the election judge then resolves the issue with the voter. See the Election Judge Guide for more detailed information. Appointment as a challenger requires issuance of a written certificate according to the following circumstances: Partisan elections. At an election to fill partisan offices, the chair of an authorized committee of each major political party may appoint by written certificate voters from that political party to act as challengers of 161 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 51 voters at the polling place for each precinct. Only one challenger from each major political party for each precinct is allowed to remain in the polling place at one time. Nonpartisan elections. At an election to fill nonpartisan offices, nonpartisan candidates may appoint, by written certificate, voters to act as challengers of voters at the polling place for each precinct. Only one challenger for each candidate is allowed to remain in the polling place for each precinct at one time. Elections on questions. At an election where a question is to be voted upon, the mayor of a city, or the school board of a school district, or the board of supervisors of a town, upon receiving a written petition signed by at least 25 eligible voters, must appoint by written certificate one voter for each precinct in the municipality, or school district if applicable, to act as a challenger of voters in the polling place for that precinct. 12.6 EMERGENCIES 12.6.1 County Elections Emergency Plans County election officials, in consultation with the political subdivision's local organization for emergency management established under M.S. 12.25 and the municipalities and school districts within the county, must develop a county elections emergency plan to be made available for use in all state, county, municipal, and school district elections held in that county. In developing the county elections emergency plan, the county must address the needs of voters with disabilities in all aspects of the plan. Where ballot security is affected, the plan must provide procedures to maintain the security of the ballots. 12.6.2 Emergency Polling Place Relocation Procedures When an emergency requires the relocation of the polling place, the plan must include: x procedures for securing the ballots and voting equipment x notifying the public and other government officials x restoring voting activities as soon as possible. If the county contains jurisdictions that cross county lines, the affected counties must make efforts to ensure that the emergency procedures affecting the local jurisdiction are uniform throughout the jurisdiction. 12.6.3 Local Jurisdiction Elections Emergency Plans Cities, towns, and school districts may create a local elections emergency plan that meets the requirements of the county elections emergency plan. If a local jurisdiction creates a local elections emergency plan, the procedures within the local elections emergency plan govern in all election emergencies within that local jurisdiction. 12.6.4 Review of Election Emergency Plans County election officials and any municipality with a local elections emergency plan must review their county or local elections emergency plan prior to each state general election. Any revisions to the county or local elections emergency plan must be completed and filed with the secretary of state by July 1 prior to the state general election. M.S. 204B.181 162 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 52 12.7 PUBLIC COUNTING After all voters in line at 8:00 p.m. have voted, the polling place is open to the public, including members of the media and candidates, until votes are counted and results are declared. Please make sure to notify those present that the results are only for the poll place itself (do not include absentee ballot totals) and are “unofficial.” Election judges will count the ballots/run results tapes, prepare the summary of results, secure and turn in election materials. Unless appointed as an election judge, no individual will touch election materials during this process, including the clerk. M.S.204C.19, subd.1; 204C.19, subd. 2; 204C.07 12.8 SUMMARY STATEMENTS After the last voter in line at 8:00 p.m. has voted, the election judges count the ballots; prepare summary statements of the votes for each candidate for each office for and against each ballot question; and sign the summary statement. Three copies of the summary statements must be completed by the election judges, except that only two copies of the summary statements are needed for elections not held on the same day as the state elections. In precincts with a precinct ballot counter, the summary statement is printed at the end of the results tape. All present election judges must complete the three copies of the summary statement and seal each in individually signed envelopes. The first copy must remain attached to the “zeros” report printed when the polls were opened. Each copy of the summary statements must include the following: x Total ballots delivered to your precinct as adjusted by the actual count o From any adjustments noted on the incident log; x The number of voting booths o All stations set up to provide a space for a voter with a ballot; x The number of election judges o Count number of signatures of judge’s oath; x The number of unofficial ballots made, if any; x The number of spoiled ballots; x The number of duplicate ballots made, if any; x The number of unused ballots at the end of the day; x The number of persons registered to vote at 7am on Election Day; o This number is listed in the back of the pre-registered roster. x The number of persons who registered to vote at the polling place on Election Day; o This is the number of voter signatures on the Election Day registration roster (or the number of EDR voter registration applications). x The number of signatures on the rosters (pre-registered roster plus the election day registration roster); o This is the number of voter signatures on both rosters. x Do not count “AB” notations printed, written, or stamped on the registered roster. Do not count the names listed on the non-registered AB supplemental report. x The total number of voters that voted at the polling place on Election Day. M.S. 204C.24 163 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 53 Example of a Summary Statement 164 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 54 165 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 55 13.0 AFTER THE ELECTION 13.1 RECEIVING MATERIALS On election night at least one election judge from each precinct must deliver the following items to the county auditor or the city clerk (who delivers to the county auditor) after all ballots have been counted but no later than 24 hours after voting ends at 8:00 p.m. on election night: x two sets of summary statements; and x all voted, duplicated and spoiled ballots. M.S. 204C.27 Every auditor (or city clerk) must remain in their office on the night of the election until all returns have been delivered. The auditor (or city clerk) must prepare a record of all materials delivered to their office on the night of the election. This record must be prepared in the presence of who delivered the materials to the auditor’s office (or clerk’s office). The record must include all materials delivered, the time of delivery, the name of the individual who made the delivery, the number of ballots delivered to the precinct and the total number of ballots returned as listed on the summary statement. A discrepancy between the number of ballots delivered and returned must be noted. All envelopes returned on election night must remain sealed and stored in a secure place. M.S. 204C.28, subd. 1 At least one election judge from each precinct must deliver the following to the city clerk within 24 hours after voting has ended on the night of the election: x remaining summary statements and returns; x all unused and defective municipal ballots; x completed voter registration applications; x voter rosters (both EDR and pre-registered); and x voting systems. The city clerk then must return all polling place rosters and completed voter registration applications to the county auditor within 48 hours after voting ends on election night. Rosters may need to be returned to the county auditor sooner to complete accepting/rejecting absentee ballots within 24 hours after the polls close. M.S. 204C.27 13.2 CANVASSING OF THE RETURNS The city council serves as the canvassing board for city elections. The council must meet to canvass the returns and declare the results on the second or third day after a primary and within three to 10 days after a general election. The canvass may only be held on the second day after a primary if the county auditor agrees to review primary voting statistics within a time that permits the canvass to be conducted on that day. M.S. 205.185, subd. 3; 205.065, subd. 5 The steps to canvass the results are: x the clerk prepares a canvassing report (abstract) to accumulate results from multiple precincts; this report may be available from the state Election Reporting System (ERS); x the canvass board publicly canvasses the election returns by reviewing the abstract and write-in reports x the board may ask to examine summary statements before it declares the results; 166 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 56 x when satisfied that the abstract reports are correct, the board signs the abstracts and they become the official results; x in the case of a tie vote, the canvassing board determines the winner by lot; x errors by election judges in counting may be corrected by following specific procedures as prescribed by law. M.S. 204C.38; 204C.39; 205.185 13.3 RECOUNTS Minnesota election law authorizes administrative recounts after the canvassing board certifies the results. Rather than seeking a court order, the election administrator, on behalf of the canvassing board, may conduct a manual recount. A recount is limited in scope; the sole issue a recount may resolve is whether the election judges arrived at the correct vote total. Original ballots that have been duplicated are not within the scope of a recount and must not be examined except as provided by a court in an election contest. Rejected absentee envelopes may not be opened or subject to further review except in an election contest pursuant to Chapter 209. M.S. 203B.121, subd. 2; 204C.35, subd. 3 Minnesota Rules Chapter 8235 provides a complete discussion of the procedures for conducting a recount. See the Minnesota Recount Guide for more information on general procedures. See also the Minnesota Recount Guide found at the OSS Election Guides webpage (http://www.sos.state.mn.us/election- administration-campaigns/election-administration/election-guides/) for more information on general procedures. 13.3.1 Publicly Funded Municipal Recounts There are no automatic recounts for local, municipal office races. There are provisions for a publically funded recount: Written Request: Candidates for city offices who wish to ask for a recount or those who would like a recount of a ballot question shall file a written request with the city clerk. All requests shall be filed during the time for notice of contest as per M.S. 209.021, subd. 1: Within five days after the canvass of primary results and within seven days after the canvass of a general election’s results. M.S. 204C.36, subd. 1 More than 50,000 total votes cast for the office: If the total number of votes cast for that election was more than 50,000, a losing municipal candidate may request a recount, at the expense of the city, of the votes cast if the difference between the votes cast for that candidate and for the winning candidate is less than one-quarter of one percent of the total votes counted for that office. In the case of offices where two or more seats are being filled from among all the candidates for the office, the one-quarter of one percent difference is between the elected candidate with the fewest votes and the candidate with the most votes from among the candidates who were not elected. Between 400 and 50,000 total votes cast for the office: If the total number of votes cast for that election was between 400 and 50,000, a losing candidate may request a recount of the votes cast, at the expense of the city, if the difference between the votes cast for that candidate and for a winning candidate is less than one-half of one percent. If two or more seats are being filled from among all the candidates for the office, the one-half of one percent difference is between the elected candidate with the fewest votes and the candidate with the most votes from among the candidates who were not elected. Less than 400 total votes cast for the office: If the total numbers of votes cast for that election was fewer than 400, a losing candidate may request a recount of the votes cast, at the expense of the city, if the difference between the votes cast for that candidate and for a winning candidate is less than 10 votes. In cases of offices where two or more seats are being filled from among all the candidates for the office, the 10 167 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 57 vote difference is between the elected candidate with the fewest votes and the candidate with the most votes from among the candidates who were not elected. 13.3.2 Discretionary Municipal Recounts A losing candidate for a city office may request a recount at the candidate’s own expense when the vote difference is greater than the differences mentioned in 13.3.1. The requesting candidate files with the city clerk a bond, cash or surety in an amount set by the city for the payment of the recount expenses. The requesting candidate may provide the city clerk with a list of up to three precincts that are to be recounted first and may waive the balance of the precincts after the precincts have been counted. If a list is provided, the expected costs of the three or less precincts must be determined. If the winner of the race is changed by the optional recount, the costs of the recount are then paid by the city. And, if a result of the vote counting is different from the result of the vote counting reported on election night by a margin greater than the standard for acceptable performance of the voting systems, the cost of the recount is also then paid by the city. M.S. 204C.36, subd. 2 13.3.3 Ballot Question Recounts A written request for a recount on a question must be: x filed by any person eligible to vote on the ballot question x filed with the city clerk and x be accompanied by a petition containing the signatures of 25 voters eligible to vote on the question. A recount on a ballot question may be requested within five days after a primary election canvass, and within seven days following the canvass of a general election. The clerk is responsible for conducting the recount on behalf of the city. The recount will be conducted at the city’s expense if the difference between votes for and against the ballot questions is at or less than what is listed in 13.3.1. If the difference between votes for and against the ballot question is greater, the person requesting the recount shall also file with the clerk a bond, cash or surety in an amount set by the city for payment of recount expenses at the time when the written request and petition is submitted. M.S. 204C.36, subd. 3 13.4 CONTEST OF ELECTION A “contest of election” means to challenge the result of an election in district court, usually seeking a specific correction. A voter or candidate may contest the election of a candidate or ballot question in which they were eligible to vote. An election may be contested over an irregularity in the conduct of an election, canvass of votes or on the grounds of deliberate, serious, and material violations of Minnesota election law. M.S. 209.02; 209.021 The individual contesting the election must file a written notice of contest with the clerk of the district court of the county. The notice must specify the points the contest is based on, and must be filed within seven days after the canvassing board declares the results of the election or recount. For a primary, the notice of contest must be filed with the clerk of the district court within five days. Anyone considering filing a notice of contest, should read and carefully comply with M.S. 209, which governs the contest of election process. As a clerk, do not allow yourself to be misunderstood as providing legal counsel to an individual. Advise citizens to seek legal counsel to ensure that their efforts are in compliance with the law. M.S. 209.02; 209.021 If an election is contested, the clerk cannot issue a certificate of election until the contest has been determined by the court. The clerk takes no other action except as directed by the court. M.S. 205.185, subd. 3(b); 209 168 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 58 13.4.1 Security and Storage of Election Items for a Contest There are numerous statutes and rules regarding the retention and safeguarding of election materials: Secured and sealed in ballot boxes and precinct supply boxes x All ballots cast and counted in original sealed envelopes. M.S. 204C.27; 204C.28; 209.05; M.R. 8235.0400; 8235.0600 x All precinct summary statements. M.S. 204C.27; 204C.28 x All defective ballots not counted in original sealed envelopes. M.S. 204C.23; 204C.25; 204C.27; 204C.28 x All spoiled and unused ballots. M.S. 204C.27; 204C.28 x All electronic voting systems and counting programs. x All polling place rosters and completed election day registration applications. M.S. 204C.27 x All county auditor records of materials delivered to them after completion of voting. M.S. 204C.28 x All county canvassing board reports. M.S. 204C.33 x All records of access to ballots. M.S. 204C.28 x All lists submitted by residential facilities and educational institutions pursuant to M.S. 135A.17 & 201.061, subd. 3 x All Election Day challenges to voters pursuant to M.S. 204C.12. x All precinct incident logs. M.S. 204C.27; 204C.28 x All absentee ballot applications. M.S. 203B.06 x All absentee and mail ballot return envelopes. M.S. 203B.08; 203B.12 x Any voting machine tape reports recording the votes cast on Election Day in each precinct. M.S. 204C.27 Other materials that have varying retention schedules x Pre-election accuracy test results, including copies of any machine tapes generated as part of the process, or copies of any other similar documented means of verification. M.S. 206.83 x All voter registration applications. M.S. 201.081 x All records of notices of late, incomplete and deficient registrations. M.S. 201.061, M.R. 8200.2900; 8200.3100; 8200.3110 x All records of notices of ineligibility for registration. M.S. 201.061, subd. 7 x All reports of deceased voters, name changes, felony convictions, guardianships and commitments. M.S. 201.13 through 201.155 x All records of notices of challenge removal. M.R. 8200.3550 x All records of notices of application removal. M.R. 8200.3700 x All challenges to voter registration submitted pursuant to M.S. 201.195. x Copies of post-election machine audits, including machine tapes generated as part of the process, or copies of any other similar documented means of verification. M.S. 206.89 During a contest period it is suggested: x Communicating with all county staff about the importance of preserving and/or protecting any election items. x Search all offices and premises under the auditor’s jurisdiction and authority, including computer networks, to ensure that all documents, materials and election items are preserved and protected. 169 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 59 x Except when conducting official or court ordered tasks, the ballots remain under lock and key at all times. No less than two official elections staff enter the room at any time. A room-access log, including the time, date and purpose, shall be kept. No “visual guards” posted pursuant to M.S. 209.05 may enter the ballot storage room at any time. x A copy of the county’s security policy should be posted on the ballot storage room. 13.5 CERTIFYING RESULTS The clerk must certify the results of the city election to the county auditor. If a question on the ballot involves intoxicating beverages or a change in the form of city government, the clerk must promptly notify the county auditor and certify to the OSS the form of the question and votes for and against the proposition. M.S. 204C.40; 205.185; 340A.416 13.6 CAMPAIGN FINANCE REPORTING The clerk shall ensure that candidates have certified that all campaign financial reports required by M.S. 211A.02 have been submitted, including the Certification of Filing. The Certification of Filing is due no later than 7 days after the general or special election. M.S. 211A.02; 211A.05, subd. 1 If a candidate or committee fails to file a campaign finance report when due, the clerk shall notify the candidate or committee of the failure. If no reply is received within 10 days after notification is mailed, the clerk must file a complaint with the Minnesota Office of Administrative Hearings. M.S. 211A.05, subd. 2 13.7 CERTIFICATE OF ELECTION After the time for recounts and contesting election results has passed (and after any contests have been resolved), and after confirming that all required campaign financial reports due from the successful candidate are on file, the clerk shall issue a certificate of election to the successful candidate. A clerk or auditor who issues a certificate of election to a candidate who has not certified that all campaign finance reports have been filed is guilty of a misdemeanor. M.S. 205.185; 211A.02; 211A.05 13.8 OATH OF OFFICE Every person elected or appointed to any public office shall take and subscribe an oath or affirmation to support the U.S. Constitution and the Constitution of Minnesota, and to discharge faithfully the duties of their office to the best of their judgment and ability. This requirement applies to every official commissioner or member of a public board or body before transacting any of the business or exercising any privilege of such office. Unless otherwise specified in law, city officials take and subscribe their oath of office with their city clerk or recorder. M.S. 358.05; 359.04; 358.11; Constitution of the State of Minnesota 13.9 RECORD RETENTION The clerk is responsible for custody of the ballots and returns in city elections. The clerk must secure all materials used in the election including optical scan testing materials and the voted ballots for 22 months following the election. Abstracts filed by canvassing boards shall be retained permanently by the officer with whom those abstracts are filed. Abstracts are permanently retained because they contain the original signatures of the canvassing board. M.S. 138.163; 204B.40 170 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 60 13.10 POST ELECTION REVIEW For the state general election, the county canvass board will select the precincts by lot for a post election review. Details can be found in the Post Election Review Guide, available at the OSS Election Guides webpage (http://www.sos.state.mn.us/election-administration-campaigns/election-administration/election- guides/). The county auditor is the post election review official unless the auditor designates the city clerk as the review official within 24 hours after the county canvass of the state general election. M.S. 206.89 171 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 61 14.0 VACANCIES IN ELECTIVE OFFICES 14.1 OCCURRENCES Vacancies in elective offices occur due to the incumbent's death, resignation, becoming ineligible or moving out of the elective district. Occasionally, someone who has been elected to an office will decline or refuse to serve, and this is considered a vacancy as well. A resignation creates a vacancy when the letter of resignation is received and accepted by the officer, body, or board authorized to receive it, or upon the effective date specified in that letter. Preparations for a special election, if needed, may begin immediately after the written resignation is received by the official(s) authorized under M.S. 351.01 to receive it. M.S. 351.01, subd. 2; 351.02; 351.055 14.2 FILLING VACANCIES For charter cities, refer to your city charter for how vacancies are filled for your city. For statutory cities, a vacancy in an elected city office shall be filled by council appointment of an individual who is eligible to hold the office until a special election is held or the remainder of the term expires. In the case of a vacancy arising from a mayor’s or council member’s inability or refusal to serve, the appointee serves until the mayor or council member is able to resume their duties or until the term expires. M.S. 412.02, subd. 2a; 412.02, subd. 2b A special election shall be held at or before the next regular city election if more than two years remain in the unexpired term and the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election. M.S. 412.02, subd. 2a If less than two years remain in the unexpired term, or the vacancy occurs on, or after the first day to file affidavits of candidacy for the regular city elections, a special election may be held, or a person appointed by the city council may serve the remainder of the unexpired term. M.S. 412.02, subd. 2a The city council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election. If a special election is being held to fill a vacancy, candidates must file their affidavit of candidacy for the specific office with the vacancy to fill the unexpired portion of the term. M.S. 412.02, subd. 2a When filling a vacancy by special election, regular laws, including election related deadlines, must be followed as far as practicable. M.S. 204D.18, 205.02 Also, the precincts, polling places, and election judges are the same as the last general election, unless they are changed according to law. M.S. 204D.24 172 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 62 173 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 63 15.0 OTHER ELECTIONS 15.1 UNIFORM LOCAL GENERAL ELECTION DAY Cities must hold their officer elections in the fall of either even or odd numbered years (but not both) at local option. The general elections occur on the first Tuesday after the first Monday in November. Cities have the option to hold a primary election; if held, it must be on the second Tuesday in August, and the election calendar is essentially the same as for state elections. If a city wishes to choose nominees for municipal offices by a primary, the city council must adopt a resolution or ordinance by April 15 th in the year when the municipal general election is held. The resolution or ordinance is effective for all municipal elections until it is revoked. The clerk must provide notice of the adoption of the resolution or ordinance within 30 days after adoption. M.S. 205.065; 205.13; 205.16 Timeline for municipalities without a primary: x Notice of Filing published 15 weeks before election—municipal clerk’s office is open from 1-5:00 p.m. on last day of filing; x filing opens no more than 84 days and remains open no less than 70 days before; x candidate withdrawal closes at 5:00 p.m., two days following the close of filing; x clerk notifies auditor of election details at least 74 days before an election; x Notice of Election is published two weeks before; and x the governing body canvasses between three and 10 days after the election. Metropolitan area cities minimum voting hours are from 10:00 a.m. to 8:00 p.m. In non-metro areas, minimum hours are from 5:00 p.m. to 8:00 p.m. M.S. 205.16; 205.175; 205A.09 15.2 MAIL BALLOTING & MAIL ELECTIONS Minnesota Statutes provide procedures for the conducting of an election by mail, where the only polling place is the office of the clerk or auditor. M.S. 204B.45 allows certain municipalities or counties to use special mail balloting procedures for precincts for all of their elections. M.S. 204B.46 allows a special election for question(s) to be conducted as a mail election for precincts which would normally vote at a regular polling place in other elections. A Mail Voting Guide (for mail balloting and mail elections) is available at the OSS Election Guides webpage (http://www.sos.state.mn.us/election-administration-campaigns/election-administration/election-guides/). 15.2.1 Mail Balloting Minnesota Statutes permit mail balloting for the following: x Towns of any size located outside the seven-county metro area, x Cities with fewer than 400 registered voters located outside the seven-county metro area (June 1 voter registration number), x Any precinct having fewer than 100 registered voters (June 1 voter registration number), x Unorganized territories if provided for by the county board. Mail balloting can be used at any municipal, county or state election. The governing body of a municipality, or county board for unorganized territories, must authorize mail balloting no later than 90 days prior to the first election at which mail balloting will be used. The resolution must specify at which elections (municipal, county and/or state) mail balloting will be used. If conducting balloting by mail, the Notice of Special Mail Election procedures must be given at least 10 weeks prior to the election. The clerk will need to develop a plan for the mailing and for processing the voted ballots. The Office of the County Auditor or municipal clerk is the only polling place. Excluding a mail 174 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 64 special election for a question, the county auditor (all auditors if municipality is located within multiple counties) must give approval before mail ballot procedures can be used for elections. Ballots are mailed no more than 46 days nor later than 14 days before a regularly scheduled election, and not more than 30 days nor later than 14 days prior to any other election day. If needed, the county auditor or clerk does a second mailing no later than 14 days before the election to voters who registered to vote after the initial mailing but before the voter registration cutoff. The auditor or clerk must appoint a ballot board, as done for processing regular absentee ballots, to process returned mail ballots. One board may be created to process both AB and MB ballots. The ballot board must mark returned ballots “accepted” or “rejected” within five days they are received, and within three days if they are received 14 or fewer days before the Election Day. M.S. 204B.45; M.R. 8210.3000 15.2.2 Mail Election Questions A county, municipality, or school district submitting questions to the voters at a special election may conduct the election by mail with no polling place other than the office of the auditor or clerk. No offices may be voted on at a mail election under this provision. The county auditor must be given a 74-day notice and a notice must be posted at least six weeks prior to the election. Ballots are mailed no more than 46 or later than 14 days prior to the election. No later than 14 days before the election, the auditor or clerk must make a subsequent mailing of ballots to voters who registered to vote after the initial mailing was sent but before the voter registration cutoff (20 days before Election Day) for the election. The auditor or clerk must appoint a ballot board, as done for processing regular absentee ballots, to process returned mail election ballots. One board may be created to process both ABs and MBs. The ballot board must mark returned ballots “accepted” or “rejected” within five days after they are received, and within three days if they are received 14 or fewer days before Election Day. More detailed information regarding mail balloting is available in the Mail Elections Guide. M.S. 204B.46; M.R. 8210.3000 15.3 CITY SPECIAL ELECTIONS Beginning in 2018, special elections for local jurisdictions (county, municipal, school district) are to be held on the uniform election dates identified in M.S. 205.10, subd. 3a and 205A.05, subd. 1a. Federal and state special elections are not required to be held on the newly identified uniform election dates. The dates that a county or local jurisdiction may now hold a special election are: x the second Tuesday in February x the second Tuesday in April x the second Tuesday in May x the second Tuesday in August x the first Tuesday after the first Monday in November With the newly identified uniform special election dates, there is a greater likelihood of multiple jurisdictions holding special elections on the same date. Counties should review notices of elections for the same date and provide information to jurisdictions holding concurrent elections regarding the “hierarchy” of election administration. Concurrent elections will affect absentee voting locations, polling place locations, election judge appointments, roster printing, results reporting, etc. Depending upon the type of special election being held on a uniform election date and if there are concurrent elections, there are variances in deadlines for notices, candidate filing periods, canvassing results, etc. The county should review each special election notice and provide guidance regarding variances in deadlines from “usual” special election administration if appropriate. 175 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 65 15.4 STATE ELECTIONS Clerks share responsibility for administering state elections with county auditors and the OSS. State elections are held every even-numbered year. 15.4.1 State Primary Held on the 2nd Tuesday in August (August 9, 2022) to select political party and nonpartisan candidates for elective offices to be filled at the general election. M.S. 204D.03 If there are no partisan or nonpartisan offices for which nominees must be selected, the city council may decide whether a state primary will be held. If the city council decides that there will not be a primary, within 15 days of the close of filing, the clerk must post a notice of the primary cancellation, and must also notify the OSS. M.S. 204D.03; 204D.07 At least 15 weeks before the state primary, the OSS notifies each county auditor of the offices to be voted for in that county at the next state general election for which candidates file with OSS. Within 10 days after notification by the OSS, each county auditor must notify each city clerk in the county of all the offices to be voted for in the county at that election and the time and place for filing for those offices. The county auditors and city clerks must promptly post a copy of that notice in their offices. M.S. 204B.33 Notice of election must be posted in the clerk's office 15 days before the election stating: officers to be nominated; location of each polling place; and hours for voting. The notice may also be published. M.S. 204B.34 No write-in candidates are permitted on a primary ballot. Voters may vote in only one party's primary column on the ballot; voters may not "cross-party vote" between the parties' columns and candidates. M.S. 204B.36 Nonpartisan (judicial, local, and school) offices appear on the primary ballot only when more than twice the number of persons to be elected file for the nomination. Municipalities and schools must, by resolution or ordinance, elect to choose nominees for municipal or school office by primary. M.S. 204D.07; 205.065; 205A.03 15.4.2 State General Election Held on 1st Tuesday after the first Monday in November (November 8, 2022) to elect all elective state and county officers, judges of the state supreme, appeals, and district courts, members of the legislature, senators and representatives in congress, and presidential electors. Proposed amendments to the Minnesota Constitution may be on the ballot as well as elective offices for soil and water conservation districts and hospital districts. For specific dates and notices see the 2022 Elections Calendar on the OSS Election Calendars webpage (https://www.sos.state.mn.us/election-administration-campaigns/election- administration/election-calendars/). M.S. 103C.305; 204D.03; 204D.13; 204D.15; 447.32 15.4.3 Summary Statements for Returns For state elections, each official responsible for printing ballots must furnish three or more blank summary statement forms for the returns of those ballots for each precinct. Blank summary statement forms are furnished at the same time and in the same manner as the ballots. After election judges complete the returns, they deliver at least three copies of the summary statement to the clerk. In first-, second- and third- Class cities the clerk must remain in the clerk’s office to receive delivery of the summary statements and other election materials from the election judges or until 24 hours have elapsed since the polls were closed, whichever occurs first. M.S. 204C.24; 204C.26; 204C.28 15.4.4 Canvassing Results of state elections are declared by the appropriate county canvassing boards and the state canvassing board. M.S. 204C.32; 204C.33 176 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 66 15.5 PRESIDENTIAL NOMINATION PRIMARY The state legislature approved presidential nomination primaries. Except as otherwise noted in the new legislation, the primary must be conducted, and the results canvassed and returned, in the manner provided by law for the state primary. The first presidential nomination primary held under the new legislation was March of 2020. A presidential nomination primary must be held each year in which a president and vice president of the United States are to be nominated and elected. The party chairs of Minnesota’s major political parties may jointly submit to the OSS by March 1 of the year prior to the presidential nomination primary year a single date to conduct the election. The date chosen cannot be the date of the March town general elections. If a date is not submitted by March 1st of the prior year, the presidential primary will be held the first Tuesday in March of the year of the presidential election. Presidential nomination primary voters must be eligible to vote in the State of Minnesota. The presidential nomination primary voter must request the ballot of the party for whose candidate the individual wishes to vote. The choice must be recorded on the roster, will be added as part of the voting history for the primary and included in the voter public information list. The state canvassing board shall meet seven days after the primary date. The state canvassing board will declare the results of the presidential nomination primary and the OSS will notify the chairs of each major political party of the results. The results must bind the election of delegates of presidential nomination conventions in each party. Chapter 207A of Minnesota Statutes 15.5.1 Presidential Nomination Primary Ballots Presidential nomination primary ballots shall be printed in the same manner as state primary ballots as far as practicable with a few notable exceptions: x The heading will be “Presidential Nomination Primary Ballot” x There must be separate ballots for each major political party x Major political party chairs will submit the names to be placed on their ballot to the OSS no later than 63 days before the primary. Once submitted, no changes can take place. x If requested by a major party’s chair, the ballot for their party must contain a place for a voter to indicate a preference for having delegates remain uncommitted (deadline is no later than 63 days before the primary) x If requested by a major party’s chair, the ballot for their party must contain a place for write-in name (deadline is no later than 63 days before the primary) M.S. 207A.13 15.5.2 Presidential Nomination Primary Notices & Sample Ballots The OSS will provide notice of the date of the presidential nomination primary to county election offices 20 weeks before the primary. Within 10 days after notification each county shall provide notice of the date to each municipal clerk. Presidential nomination primary sample ballots will be supplied by the OSS to county elections offices no later than 70 days before the primary. Municipal clerks and county elections offices (unorganized territory) shall post (publishing is an option in addition to) a public notice stating: x the date of the presidential nomination primary x the location of each polling place x the hours during which the polling places will be open x requirements to vote in the primary as per M.S. 207A.12(b) 177 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 67 x notice that the voter’s choice of a political party’s ballot will be recorded and is public information. M.S. 207A.14 15.6 SCHOOL DISTRICT ELECTIONS School districts are required to conduct their board elections in November of either even or odd numbered years. If a school district is holding an election at the same time as a city election or a state primary or state general election, the city clerks in the school district will in effect be conducting the election for the school district. The school district will still take the candidate filings for school board office, prepare and supply a school district optical scan ballot, and canvass the results of the election. The city, however, is responsible for all other facets of the election including election judges, and polling locations. If the election is not held with the state election, but is held in conjunction with a city election, the city is also responsible for optical scan ballot preparation, and absentee ballots.M.S. 205A.04; 205A.06 A school board may, by resolution, decide to choose nominees for school board by a primary. If school candidates are to be nominated by primary, a primary must be held when there are more than two candidates for a specified school board position or more than twice as many candidates as there are at-large school board positions available. The primary would be held on the first Tuesday in August. The candidate filing period would open 84 days before and close 70 days before the primary. M.S. 205A.03, subd. 1 The city may bill the school district for a fair share of conducting the election. The OSS has developed a Cost Allocation Procedure for election expenses that can be used as the basis for billing election costs. This document is available at the OSS Election Administrator Forms webpage (http://www.sos.state.mn.us/election-administration-campaigns/election-administration/election- administrator-forms/). 15.6 SCHOOL DISTRICT ELECTIONS School districts are required to conduct their board elections in November of either even or odd numbered years. If a school district is holding an election at the same time as a city election or a state primary or state general election, the city clerks in the school district will in effect be conducting the election for the school district. The school district will still take the candidate filings for school board office, prepare and supply a school district optical scan ballot, and canvass the results of the election. The city, however, is responsible for all other facets of the election including election judges, and polling locations. If the election is not held with the state election, but is held in conjunction with a city election, the city is also responsible for optical scan ballot preparation, and absentee ballots.M.S. 205A.04;4 205A.06 The city may bill the school district for a fair share of conducting the election. The OSS has developed a Cost Allocation Procedure for election expenses that can be used as the basis for billing election costs.This document is available at the OSS Election Administrator Forms webpage (http://www.sos.state.mn.us/election-administration-campaigns/election-administration/election- administrator-forms/). 178 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 68 179 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 69 GLOSSARY Absentee ballot board: A special board of election judges, that handles all processing of regular absentee ballots. Agent delivery: A process by which during the seven days preceding an election, and up until 2:00 p.m. on Election Day, specific eligible voters designate someone to serve as an agent to pick up and return absentee ballots to them. M.S. 203B.11, subd. 4 Assistive voting device: An electronic ballot marker with a touch screen, keypad, keyboard, earphones, or any electronic ballot marker that assists voters to use an audio or electronic ballot display in order to cast votes. M.S. 206.56, subd. 1 Ballot, defective: A ballot is defective if the voter overvoted, voter’s intent cannot be determined during counting, or if the voter has written their name, ID number, signature on the ballot. A ballot may be defective in whole (as in cross-party voting in a primary) or as to a single office or ballot question (as in voting for too many candidates for one office). Ballot, duplicate: A ballot created by an election judge team to replace a ballot that cannot be scanned by a ballot counter. Ballot, spoiled: A ballot returned to an election judge due to an error made by the voter. The voter can exchange this for a new blank ballot. Ballot box: Secure box used to hold voted ballots. The ballot counter sits atop the ballot box. Ballot counter: Electronic optical scan device that counts paper ballots. Bond referendum: A referendum held to determine if the jurisdiction should be authorized to sell bonds to obtain the funds to finance a project, such as a new building. Challenger: An individual with written authorization to be present in a polling place to question the eligibility of voters. A challenger must prove they are a resident of Minnesota by providing the Head Judge with one of the proofs of residence acceptable for Election Day registration and complete an Oath of Challenge to Voter’ s Eligibility form to challenge a voter’s eligibility. City: A home rule charter or statutory city. M.S. 200.02, subd. 8 City, first class: A city with more than 100,000 inhabitants. M.S. 410.01 City, second class: A city with between 20,000 and 100,000 inhabitants. M.S. 410.01 City, third class: A city with between 10,000 and 20,000 inhabitants. M.S. 410.01 City, fourth class: A city with less than 10,000 inhabitants. M.S. 410.01 Clerk: Statutes refer to “municipal” clerks meaning either the city clerk or township clerk or a designee. References to school districts mean the school district clerk or a designee. 180 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 70 Coterminous: Two precincts having the same border or covering the same area. Cross-party voting: Voting for candidates of more than one party when candidates compete for party nomination in a partisan primary. “Cross-party” voting is not allowed in a partisan primary. DOH: Department of Health. Also known as the Minnesota Department of Health or MDH. Exit polling: Individuals may conduct exit polls, surveys of voters, anywhere outside of the room being used as the polling place. An individual conducting an exit poll may only approach a voter as they leave the polling place after having voted to ask them to complete a written anonymous questionnaire. General election: An election held at regular intervals on a day set by law at which voters of the state or any of its subdivisions choose by ballot public officials or presidential electors. M.S. 200.02, subd. 2 Governing body: The board of commissioners of a county, the elected council of a city, the board of supervisors of a township, or the school board of a school district. M.S. 200.02, subd. 10 Health care agent delivery: When a patient in a healthcare facility authorizes a person to pick up and return absentee ballots for the patient. Health care facility: A hospital, residential treatment center, or nursing home licensed under Minnesota Statutes 144A.02 or 144.50. The Minnesota Department of Health has lists of licensed facilities. Levy referendum: A referendum held to determine if the jurisdiction should be authorized to levy additional property taxes to fund general operational expenses. Mail balloting: A method of voting that a qualified jurisdiction has chosen to be used for its regularly scheduled elections. M.S. 204B.45 Mail election: A special election for question(s) submitted to the voters of a county, municipality or school district with no polling place other than the office of the auditor or clerk. M.S. 204B.46 Metropolitan Area: The counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington and Wright. M.S. 200.02, subd. 24 Metro Towns: Towns located in the “metropolitan area” as defined above. Multi-Factor Authentication (MFA): A security mechanism in which users are authenticated through more than one required security and validation procedure. Beginning in 2018, SVRS and ERS will have 2-factor authentication. Municipality: Any city or township. M.S. 200.02, subd. 9 Non-partisan: Offices that do not have party designation. Partisan: Offices with party designation. Posted: “Posted” notice refers to the posting of a copy of the notice in a manner likely to attract attention by affixing the notice to a wall, post, or bulletin board, etc. M.S. 645.12 181 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 71 Precinct: The basic geographical units for organizing and administering elections. M.S. 200.02, subd. 3 Primary: An election at which voters choose the nominees for the offices to be filled at a general election. A primary can be either partisan or non-partisan, based on the office. M.S. 200.02, subd. 3 Prior registration: The registration record of an individual at the individual’s most recent prior residence address. Published: “Published” notice means the publication in full of the notice in the regular issue of a qualified newspaper, once each week for the number of weeks specified. M.S. 645.11 Roster: The document provided to each precinct listing the voters registered in that precinct current residence address and date of birth. Summary statement: The precinct summary statement is the official record of the numbers of voters and vote totals for the precinct. In precincts using an electronic ballot counter, the machine tape is the summary statement. Voter Registration Application (VRA): Application used to register to vote or to update an existing registration. Vouching: An Election Day procedure that permits an individual to register to vote and to cast a ballot if another authorized individual swears an oath that the individual resides in that precinct. Election Day voter vouchers within a polling place are limited to vouching for eight voters. However, that limitation does not apply to employees of residential facilities vouching for residents of those facilities. Registered Voter in the Precinct: A registered voter in the precinct or a voter who registers on Election Day in the precinct who can attest to a new registrant’s residence allowing them to register in the same precinct on Election Day. A voter may vouch for a maximum of 8 persons. Vouched for voters cannot vouch for new voters on Election Day. Employee of a Residential Facility: An individual who proves that they are an employee of a residential facility in the precinct and attests to know a new registrant’s residence at the facility. The employee voucher may vouch for an unlimited number of residents of the facility. Witness: A registered voter who signs an absentee ballot envelope to document that the ballots inside were marked by the voter entitled to cast the ballots. Please refer to M.S. 200.02. for other definitions that may be used in this guide. Please refer to M.S. 200.02 for other definitions that may be used in this guide. 182 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 72 183 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 73 APPENDIX 1 ELECTION RESOURCES COUNTY AUDITOR County auditors are required to train municipal clerks, election judges and individuals serving on the absentee ballot board (unless delegated) prior to the state primary. Training will address election laws and procedures; duties of municipal clerks and duties of election judges; and related subjects. M.S. 204B.25; 204B.28 SECRETARY OF STATE The OSS supports county auditors' training programs by training the auditors (or their designees) in the administration of election laws and the training of local election officials and election judges. As part of the OSS's training program, the Secretary meets with election officials to present information about new laws and rules, and to discuss proposals for laws and for amendments to rules. The OSS also collaborates with other programs and conferences offered for election officials by their own associations. M.S. 204B.27 To assist county auditors, municipal clerks, and other election officials in their duties, the OSS makes available the following publications in hardcopy or electronic form: MINNESOTA ELECTION LAWS - A compilation of Minnesota's election laws with annotations by the Attorney General. Printed in odd-numbered years, copies and updates are sent to county auditors for distribution to municipal clerks. It is updated online in even-numbered years. In all matters, the law and rule are the final authority. M.S. 204B.27 MINNESOTA ELECTION JUDGE GUIDE - Explains election judge duties. MINNESOTA CITY CLERK ELECTIONS GUIDE - Provides city election procedure summary and references to Minnesota election laws. MINNESOTA TOWNSHIP CLERK ELECTIONS GUIDE - Provides township election procedure summary and references to Minnesota election laws. MINNESOTA SCHOOL DISTRICT CLERK ELECTIONS GUIDE - Provides school board election procedure summary and references to Minnesota election laws. MINNESOTA CAMPAIGN MANUAL – Summarizes campaign financial reporting and fair campaign practices references to Minnesota election laws. MINNESOTA ABSENTEE VOTING ADMINISTRATION GUIDE – Provides Absentee voting procedures summary and references to Minnesota Election Laws. MINNESOTA MAIL ELECTIONS GUIDE – Provides Mail Election and Mail balloting procedures summary and references to Minnesota Election Laws. MINNESOTA ELECTION RECOUNT GUIDE – Provides procedural summary for Election recounts and references to Minnesota Election Laws. 184 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 74 MINNESOTA POST-ELECTION REVIEW GUIDE – Provides procedural summary for Post Election Reviews and references to Minnesota Election Laws. MINNESOTA VOTING EQUIPMENT TESTING GUIDE – contains procedures for creating test decks, conducting pre-testing and public accuracy tests when using electronic voting equipment. MINNESOTA PRESIDENTIAL NOMINATION PRIMARY ADMINISTRATION GUIDE – Provides presidential nomination primary procedures summary and references to Minnesota Election Laws. 185 Item 6. Office of the Minnesota Secretary of State 2022 City Clerk Election Guide 75 APPENDIX 2 EXAMPLE POLLING PLACE SUPPLY LIST This list is provided as an example only. Depending on your voting equipment, or arrangements your office may have with other units of government, you may not use certain items, you may use items not listed. x Alphabetical tabs – 1 set x Assistive voting device x Bag of rubber bands & paper clips x Ballot counter & power cord x Ballots x Ballot marking pens x Ballot marker boxes/strings x Ballot receipts for registered voter x Blank cardboard pieces for signs x Certificate of registered voter for curbside voting x Clipboard x Deceased voter forms x Demonstration ballot x Duplicated ballot envelope x Duty cards x Election Judge Manual(s) – add phone numbers on the back x Election day registration applications x Extension cords x Flag(s) & stand x HAVA Election Complaint Form x State Election Law Complaint Forms x Highlighter x “I Voted” stickers x Identification Badges x Incident logs x Key(s) to polling place; ballot box x Letter opener x Magic marker x Magnifying lens x Masking tape x Oath of election judge form x Oath of challenge to voter’s eligibility form x Official certification sheet x Opening/closing the polls checklist x Payroll/timesheet records for election judges x Poll closing sign for last voter in line at 8 p.m. x Polling place posters and signs x Precinct finder x Precinct list of persons vouched for Form x Precinct map x Precinct rosters x Results tape envelope x Rubber fingers x Sample ballots x Scissors x Secrecy cover for ballots x Security seals for ballot transfer case x Spoiled ballot envelope x Voter registration tally sheet x Voter registration bags x Oath of Vouching to Voter’s Eligibility x Precinct List of Person’s Vouched for Form x Non-registered AB voter supplemental report(s) x Voter receipts (may be different receipts to identify different school districts within same precinct) x Write-in tally sheets/summary statements x Greeter’s Lists x During a Pandemic: Health risk mitigation supplies such as plexi-glass, disinfectants & masks. 186 Item 6. Important Telephone Numbers County Elections Office ______________________________ Voting Machine Repair ______________________________ County Sheriff / Local Police ______________________________ Fire Department ______________________________ Emergency Medical Services ______________________________ Office of the Minnesota Secretary of State Elections Division 2022 City Clerk Election Guide draft 5/2/2022 187 Item 6. 03/05/24 Presidential Primary Statistics Spreadsheet Precinct Precinct Precinct Precinct Precinct Precinct Precinct Precinct Absentee Absentee Absentee Absentee Absentee Absentee Absentee Absentee COUNTY COUNTY Election Judges Voting  Booths Regis @  7 am Election  Day  Registrants Spoiled Duplicate Signatures  on Roster # Ballots  Counted Election  Day Regis  AB Voters Spoiled Duplicate Rejected Regular/ Military/ Overseas Federal Presidential Total  Accepted  Absentee Ballots Total  Persons  Voting Turnout COUNTY‐WIDE 868 1,077 230,620 881 149 1 32,383 32,383 73 94 6 122 2,965 14 0 2,979 35,362 15.33% COLUMBIA HEIGHTS P1 11 9 1948 10 1 0 210 210 1003260 2623612.11% COLUMBIA HEIGHTS P2 6 10 1740 8 3 0 210 210 0001250 2523513.51% COLUMBIA HEIGHTS P3 6 8 1480 10 1 0 211 211 1001290 2924016.22% COLUMBIA HEIGHTS P4 6 19 1603 8 2 0 183 183 1002200 2020312.66% COLUMBIA HEIGHTS P5 7 9 1467 9 4 0 233 233 0001350 3526818.27% COLUMBIA HEIGHTS P6 7 9 1202 4 0 0 188 188 0003270 2721517.89% COLUMBIA HEIGHTS P7 8 11 1182 2 0 0 131 131 0001130 1314412.18% COLUMBIA HEIGHTS P8 5 8 1283 4 0 0 170 170 0002160 1618614.50% March 5 2024 Presidential Primary Statistics Spreadsheet 188 Item 6. 189 Item 6. Spring LakePark P-1A1795 Spring LakePark P-33095FridleyW3 P12541 FridleyW3 P22707 FridleyW1 P12336 FridleyW2 P12884 FridleyW2 P22218FridleyW1 P22056 FridleyW3 P32126 FridleyW2 P32569 FridleyW1 P33266 FridleyW1 P42444 FridleyW3 P42212 FridleyW2 P42225 Colum biaHeights P-72553ColumbiaHeights P-82428 Colum biaHeights P -61751 Colum biaHeights P -43519 HilltopP-1958 Colum biaHeights P-52518 ColumbiaHeights P-22869ColumbiaHeights P-13750 Colum biaHeights P-32585 Spring LakePark P-22093 µ Fridley, Columbia Heights,Hilltop & Spring Lake Park Precincts2020 Population Q:\Projec ts\Census\Precincts10 vs20 190 Item 6. Legislative District 39A Published by Office of the Minnesota Secretary of State, Elections Division. Current as of February 2024. Look up districts & polling places at https://pollfinder.sos.mn.gov About this map This map shows the Congressional and Legislative Districts ordered by the Special Redistricting Panel in the matter of Wattson, et al. v. Simon, et al, No. A21-0243 and A21- 0546, on Feburary 15, 2022, as modified by 2022 Session Laws Chapter 92, as corrected under Minnesota Statutes 2.91, subd. 2, or as adjusted under Minnesota Statutes 204B.146, subd. 3. Derived from precinct boundaries that are maintained by the Secretary of State and available for download at the Minnesota Geospatial Commons (https://gisdata.mn.gov). Road data is from Mn/DOT and U.S. Census (Statewide) and NCompass (Metro). Rail data is from Mn/DOT. Water data is from MN DNR. 191 Item 6. District Description Territory of Minnesota Legislative District 39A: • This area in Anoka County: o These precincts in Columbia Heights:  COLUMBIA HEIGHTS P-7  COLUMBIA HEIGHTS P-8 o Fridley o Hilltop o Spring Lake Park • This area in Ramsey County: o Spring Lake Park 192 Item 6. Legislative District 39B Published by Office of the Minnesota Secretary of State, Elections Division. Current as of February 2024. Look up districts & polling places at https://pollfinder.sos.mn.gov About this map This map shows the Congressional and Legislative Districts ordered by the Special Redistricting Panel in the matter of Wattson, et al. v. Simon, et al, No. A21-0243 and A21- 0546, on Feburary 15, 2022, as modified by 2022 Session Laws Chapter 92, as corrected under Minnesota Statutes 2.91, subd. 2, or as adjusted under Minnesota Statutes 204B.146, subd. 3. Derived from precinct boundaries that are maintained by the Secretary of State and available for download at the Minnesota Geospatial Commons (https://gisdata.mn.gov). Road data is from Mn/DOT and U.S. Census (Statewide) and NCompass (Metro). Rail data is from Mn/DOT. Water data is from MN DNR. 193 Item 6. District Description Territory of Minnesota Legislative District 39B: • This area in Anoka County: o These precincts in Columbia Heights:  COLUMBIA HEIGHTS P-1  COLUMBIA HEIGHTS P-2  COLUMBIA HEIGHTS P-3  COLUMBIA HEIGHTS P-4  COLUMBIA HEIGHTS P-5  COLUMBIA HEIGHTS P-6 • This area in Hennepin County: o St. Anthony • This area in Ramsey County: o These precincts in New Brighton:  NEW BRIGHTON P-1  NEW BRIGHTON P-2  NEW BRIGHTON P-3  NEW BRIGHTON P-4  NEW BRIGHTON P-5 o St. Anthony 194 Item 6. Kevin Hansen | Interim City Manager City of Columbia Heights | Administration 3989 Central Avenue NE | Columbia Heights, MN 55421 khansen@columbiaheightsmn.gov Direct: 763-706-3609 | Main: 763-706-3600 From:Kevin Hansen To:Rachel James Cc:Sara Ion Subject:RE: For Council Work Session: resolution urging the Department of Homeland Security to grant Ecuador TPS Date:Thursday, May 2, 2024 12:35:50 PM Attachments:image002.png image003.png Hi Rachel – I will put this under Council Corner……. From: Rachel James <RJames@columbiaheightsmn.gov> Sent: Thursday, May 2, 2024 9:47 AM To: Kevin Hansen <KHansen@columbiaheightsmn.gov>; Amáda Márquez Simula <AMarquezSimula@columbiaheightsmn.gov> Subject: For Council Work Session: resolution urging the Department of Homeland Security to grant Ecuador TPS I would like to request a conversation at the work session on Monday regarding a council resolution similar to the one below. This is the St Paul text and I know Minneapolis is doing one as well. The reason I'm interested in this is because of the huge impact it has in our local community. During our joint city council and school board meeting, it was a discussion point that hundreds of Ecuadorian students had registered in our district. This could potentially be in council corner but I would like to have this sample text printed out. Thank you, Rachel James Hi Rachel – Thanks for your work! I’ve copied the initial language, below, that will come before Saint Paul City Council next Wednesday (5/8/2024): RES 24-695 ..Title Calling on the U.S Department of Homeland Security to designate Ecuador for Temporary Protected Status. ..Body WHEREAS, the Secretary of Homeland Security may designate a country for Temporary Protected Status (TPS) due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately; and WHEREAS, the Secretary may designate a country for TPS due to ongoing armed conflicts (such as civil war), environmental disasters (such as earthquakes or hurricanes) or epidemics, and other extraordinary and temporary conditions; and WHEREAS, during a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon review of their cases, are not removable from the United States, can obtain an employment authorization document, and may be granted travel authorization; and WHEREAS, Ecuadorians have endured recent displacement due to natural disasters, economic downturn, severe political unrest, and civil armed conflict; and WHEREAS, Ecuador experienced a surge in violence following the assassination of presidential candidate Fernando Villavicencio in August 2023; and WHEREAS, nations currently with TPS status include: Afghanistan, Burma, Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen; and WHEREAS, Minnesota has the 10th highest Ecuadorian population in the United States; and WHEREAS, the number of asylum cases in Minnesota’s immigration court originating from Ecuador surged by 900% in the last five years; and WHEREAS, the Ecuadorian community has contributed positively to the development of this city; and WHEREAS, Ecuador continues to struggle with conditions that are not adequate for their nationals to return; and NOW, THEREFORE, BE IT RESOLVED, That the Council of the City of Saint Paul calls upon the Secretary of the Department of Homeland Security to designate Ecuador for Temporary Protected Status to provide temporary immigration relief to eligible Ecuadorian nationals. BE IT FURTHER RESOLVED, that the Council of the City of Saint Paul calls upon our U.S congressional delegation; Representative McCollum, Senator Smith and Senator Klobuchar to support the Temporary Protected Status (TPS) for Ecuador Act of 2024. Hope this is helpful! Jenna McCullough (she/they) Executive Assistant to Council Vice President Kim City Council - Ward 5 15 W Kellogg Blvd, Ste 320 Saint Paul, MN 55102 P: 651-266-8650 ward5@stpaul.gov www.StPaul.gov/ward5 Disclaimer: Information in this message or attachment may be government data and thereby subject to the Minnesota Government Data Practices Act; may be subject to attorney-client or work product privilege; may be confidential, privileged, proprietary, or otherwise protected. The unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. 195 Item 7. ITEM: Potential Executive Session: Discussion of Labor Negotiation Strategies for City Manager Contract. Closed per Minn. Stat. 13D.03. DEPARTMENT: Administration BY/DATE: May 3, 2024 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _ Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community _ Strong Infrastructure and Public Services _Sustainable CLOSED EXECUTIVE SESSION SCRIPT: May I hear a motion to close the executive session to discuss Agenda Item 9 pursuant to Minnesota Statue 13D.03?  Is there a second?  I have a motion by Councilmember ___________________  And a second by Councilmember ____________________  All in favor? Any opposed? That motion carries.  At this time I will close the meeting pursuant to Minnesota Statute 13D.03 so the Council can discuss negotiation strategies related to the City Manager Contract. At this time I will ask all attendees to leave the room. I will also note that at the conclusion of this closed session we will resume the regular work session meeting. Now that the discussion for Agenda Item 1 is completed, can I hear a motion to reconvene the open session?  Is there a second?  I have a motion by Councilmember ___________________  And a second by Councilmember ____________________  All in favor? Any opposed? That motion carries. We will now re convene the open session. CITY COUNCIL WORK SESSION MEETING AGENDA SECTION WORK SESSION ITEM MEETING DATE MAY 6, 2024 196 Item 9.