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Sec. 4.3. - Procedure at elections. <br />Consistent with the provisions of this Charter and applicable <br />state statutes, the council may by ordinance further regulate <br />the conduct of municipal elections. Except as otherwise <br />provided by this Charter and supplementary ordinances, <br />general state statutes on elections shall apply to municipal <br />elections. <br />Commentary: <br />There is nothing inherently wrong with any of this language, but it does not add <br />anything to the authority of the City or affect the analysis of the language of the Charter <br />at all. Indeed, state statute would apply regardless of whether the Charter agreed with <br />that proposition. Given that the language has no effect, it should be removed. <br />Sec. 4.4. - Special and advisory elections except for elected office. <br />The council may by resolution order any special or advisory <br />election deemed appropriate by the council, for any reason, <br />and provide all means for holding it. At least 15 days' prior <br />notice shall be given by the city clerk by posting a notice <br />thereof in at least one public place in each election precinct, <br />and by publishing a notice thereof at least once in the official <br />newspaper of the city stating the time and the places of <br />holding such election. <br />Commentary: <br />The second sentence of this Charter section is essentially the same as the second <br />sentence in section 4.1, above, and the same analysis applies here. <br />The first sentence, authorizing advisory elections, is of questionable validity. <br />Normally, special elections may only be held if there is a specific law or charter provision <br />allowing it, but that statutory restriction does not apply to charter cities.5 This Charter <br />language is quite broad, allowing to pass judgment on any issue, so long as the outcome <br />is not binding on the City. It is not clear whether this generalized grant of authority to <br />hold public opinion polls at taxpayer expense is sufficient to authorize an election. <br />5 Minn. Stat. § § 205.10, subd. 1 ("Special elections may be held in a city or town on a question on which the voters <br />are authorized by law or charter to pass judgment."); 205.02, subd. 2 (excepting charter cities from 205.10 entirely). <br />7 <br />