Agenda - Charter Commission - 02/13/2019

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Charter language requires an additional notice at "one public place in each election precinct," a phrase that is vague to the point of being problematic. There is no legal reason to have such posted notice given the vagueness of the location requirement and the low likelihood that any given voter will be informed of the election solely through happening upon the posted notice in the 15 days prior to the election. The publication and content requirements either duplicate or are preempted by state statute, and therefore are unnecessary. The thrust of the third sentence is to excuse any violation of the notice requirements in the previous sentence, thus making the prior sentence precatory for purposes of enforcement through invalidation of the election. Further, the decision of whether the failure to follow a procedural requirement invalidates an election is not something that the Charter could prospectively determine The final sentence is duplicative of, or preempted by, state statute. The terms of council members are set by statute. Minn Stat. §205.07, subd. la ("The terms of all city council members of charter cities expire on the first Monday in January of the year in which they expire. All officers of charter cities chosen and qualified shall hold office until their successors qualify."). Because the first business day in January is not always the same as the first Monday, the statute controls. Given that the issue is fully and specifically controlled by statute, and the Charter language is preempted and therefore without effect, it should be removed. 4.1.1 Primary elections. Primary elections shall be held on the same date as prescribed by the Minnesota Statute, which establishes the statewide primary election date. The primary election shall be for the selection of two nominees for each elective office at the regular municipal election, unless two nominees or fewer file for each elective office. Commentary: The first sentence is problematic. State statute dictates that "[a] municipal primary for the purpose of nominating elective officers may be held in any city on the second Tuesday in August of any year in which a municipal general election is to be held for the purpose of electing officers." Minn. Stat. § 205.065, subd. 1; see also Minn. Stat. § 204D.03, subd. 1 ("The state primary shall be held on the second Tuesday in August in each even -numbered year to select the nominees of the major political parties for partisan offices and the nominees for nonpartisan offices to be filled at the state general election, other than presidential electors."). But neither the Charter language nor state statute reflect the possibility of a primary for the narrowing of the field for a special election outside of the schedule for a general election. See Minn. Stat. § § 200.02, subd. 2 3