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§410.10
<br />
<br />Note 8
<br />charter would be of no effect Op. Atty. Gen.,
<br />SSi, Aug. 20, 1962.
<br /> City may call special election for sole pur-
<br />pose of mbmitting to elector~ question of
<br />whether proposed charter amendment should
<br />be adopted or rejected notwithstanding fact
<br />that general election would be held within six
<br />months after delivery of draft of proposed
<br />charter amendment to council. Op. Atty. Gen.,
<br />58-J', Oct. 3, 195t.
<br /> Where proposed charter amendment was
<br />submitted to mayor of Minneapolis by city
<br />charter commission on July 30, 1948 and By
<br />him on same date to city council, submission
<br />of proposed amendment at general state elec-
<br />tion on November 2, would be valid, or at a
<br />special election within 90 days after July 30.
<br />Op. Atty.Gen., 1948, No. 88, p. 151.
<br />
<br />9, - Ballot form, eleetton~
<br /> Ballot to be used for submission of question
<br />of amendment of city charter must be similar
<br />
<br />CITIES, ME~OPOLITAN ARF_~
<br />
<br />to ballot used on adoption of chamer, aru
<br />general nature of each amendment mustl
<br />briefly indicated. Op,Atty.Gcn., 5g-i, June
<br />1948,
<br />
<br />10. ~ Procedure&, elections
<br /> h- I
<br /> Blank ballots at special election on city c '
<br />ter amendment were properlyrejected in
<br />puling total number of voters in ascertai
<br />percentage of voters accepting amendmaw
<br />Godward v. City of Minneapolis. 1933, 19
<br />Minn. 51, 250 N.W. 719.
<br />
<br /> Fraudulent ballots, ballots with unintell~g
<br />marks, expre.~ng no effective vote upon aa
<br />subject of choice, as well as ballots upon
<br />no markings were made by the voters,
<br />be excluded from the aggregate number~i~
<br />determining the ratification Of proposed cit;
<br />charter. Hopkins v. City of Duluth, 190011
<br />Minn. 189, 83 N.W, 536.
<br />
<br />410.11. Adoption; notice, effective date
<br /> If 51 percent of the votes cast on the proposition are in favor of
<br />proposed charter, it shall be considered adopted; and, if any provisi,
<br />thereof are submitted in the alternative, those ratified by a majority of
<br />votes cast thereon shall prevail. If the charter is adopted, the city clerk s
<br />file with the secretary of state, the county recorder of the county in which i~
<br />city lies, and in the city clerk's office a copy of the charter accompaniedl:t~
<br />certificate attesting to the accuracy of the copy and giving the date of
<br />election and the vote by which the charter was adopted. The charter S~ll['
<br />take effect 30 days after the election, or at such other time as is fixed in
<br />charter, and shall then supersede all other charter provisions relating to suc
<br />city. Thereupon the courts shall take judicial notice of the new charter
<br />upon the election of officers thereunder, the officials of the former coq:
<br />tion shall deliver to them the records, money and other public property
<br />
<br />the/r control.
<br />Amcmded by Laws 1959, c, 305, § 2; Laws 1969, c. 1027, § 1, eff. June 7, 1969;
<br />1973, c. 123, art. 5, § 7; Laws 1976, c. 181, § 2; Laws 1986, c. 444.
<br />
<br />Historical Note-
<br />
<br />Dertvatiom
<br /> St. 1927, § 1285.
<br /> Ge~.$t.1923, § 1285.
<br /> Gen.St. 1913, § 1349.
<br /> Rev.Laws 1905, § 755.
<br /> Laws 1903, c, 238, §§ 5, 8.
<br /> The 1959 amcndatory act rewrote this sec-
<br />tion which formerly read:
<br /> "If four-sevenths of those lawfully voting at
<br />such election shall declare in favor of the pro.
<br />posed charter, it shall be considered adopted;
<br />and, if any provisions thereof were submitted
<br />in the alternative, those ratified by a majority
<br />
<br />certificates provided for in the Cormitution
<br />the State of Minnesota, Article 4, Sectioll;
<br />being deposited and recorded as thereb
<br />quired, the charter shall take effect at the e
<br />of 30 days from the date of the election, a
<br />shall then supersede all other charter
<br />sions relating to such city or village. The
<br />or, tile court~ ~hall take judicial notice <
<br />new chef'.er and, upon the election of ofi~
<br />thereunder, the officials of the ~ormer cm!
<br />lion shall deliver to them the records, mlIB~
<br />and other public property in their contr~
<br /> The 1969 amendatory act' reduced the f~'
<br />c,~rv maioritv from 55 to 51 vercent,
<br />
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