Laserfiche WebLink
the amendment becomes effective; therefore, this will not be in effect in time for this <br />election, If someone who is in the position gets elected, someone else would have to <br />challenge it. It would be deemed unconstitutional to add any other qualifications than that <br />the candidate must be 18 years of age, must be a resident of the City, and must have <br />previously voted in the area. This section appears to have a date problem plus the problem <br />of having unconstitutional qualifications added to it. <br /> <br />Chairperson Steffen stated that some dates got changed because the State changed the filing <br />times. <br /> <br />Mr. Goodrich stated that the section used to read 56 and 21 days and now it read 56 and 42 <br />to which Mr. Schroeder added it appears the numbers are in error. <br /> <br />Mr, Goodrich and Chairperson Steffen agreed. Chairperson Steffen stated that this section <br />does not do what it intended to do. <br /> <br />Chairperson Steffen inquired who has the authority to reject or accept a filing for office to <br />which Mr. Goodrich stated the city clerk. <br /> <br />Mr. Goodrich stated that he talked to the law firm of Holmes and Graven and they <br />suggested that a person should file for office and run for election. If the person wins, just <br />wait to see if it is challenged. Mr. Goodrich assumed that the resignation would not be <br />submitted. He felt this ordinance amendment would be beneficial for the City as it would <br />take the City out of jeopardy and out of a lawsuit. <br /> <br />Commissioner Swokowski inquired what the law says about retroactivity. <br /> <br />Mr. Goodrich felt the amendment would probably not be retroactive. He added that the <br />City does not have a situation yet, but that it may happen. <br /> <br />Chairperson Steffen stated that the Charter Commission has the responsibility to alert the <br />Council that there is a technical flaw in the Charter. <br /> <br />Mr. Schroeder stated that if the intent originally was to allow two weeks after an existing <br />officer holder files for new candidate filings, and if the current office holder files on the last <br />day, he/she is not filing under intent of the law. <br /> <br />Chairperson Steffen stated that by filing on the last day, you prevent anyone else from <br />filing, but it is legal; it may be a political millstone, but not a legal one. This Charter says <br />56 days, the absentee ballot is already made up. <br /> <br />Mr. Goodrich stated the City could try to quickly get a court order. <br /> <br />Chairperson Steffen inquired what next if this provision is declared unconstitutional. <br /> <br />Mr. Goodrich inquired if the Commission agrees that the concept of eliminating this <br />provision is an appropriate one. <br /> <br />Mr. Schroeder suggested that if the intent was to provide the two weeks after the <br />Councilmember applies, that intent should be retained or the section should be eliminated. <br /> <br />Chairperson Steffen stated that tem~ limits are being argued a lot lately. <br /> <br />Charter Commission/July 21, 1994 <br /> Page 2 of 5 <br /> <br /> <br />