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nearly as practicable to that prescribed for other municipal <br />elections under this Charter. <br />Commentary: <br />The language of section 4.5.3 is entirely unnecessary. Special elections have to be <br />administered just like any other election, regardless of this Charter language. See Minn. <br />Stat. § 205.02, subd. 2 ("In all statutory and home rule charter cities, the primary, general <br />and special elections held for choosing city officials and deciding public questions <br />relating to the city shall be held as provided in this chapter."). <br />4.5.6 If there are insufficient numbers of candidates in a <br />regular or special election to fill expiring or vacated <br />municipal offices, the city council shall fill said offices by <br />appointment until the next regular municipal election. In the <br />case of a tie vote of the council, the mayor shall make said <br />appointment from the candidates under consideration. <br />Commentary: <br />Finally, this section appears to authorize the council to decide not to hold an <br />election if it determines that the number of candidates is "insufficient." See Minn. Stat. <br />§§ 205.10, subd. 6 ("A special election ordered by the governing body of the <br />municipality on its own motion under subdivision 1 may be canceled by motion of the <br />governing body, but not less than 74 days before the election."); 205.02, subd. 2 <br />(excepting charter cities from complying with section 205.10, subdivision 6). There is no <br />definition of insufficient, such that this would appear to permit the cancellation of an <br />election simply because there were no good candidates. This would also appear to permit <br />the council to decide that there are not enough candidates at a regular municipal election <br />(note that this applies to "expiring" offices) and unilaterally delay the election for that <br />office until the next general election. See Minn. Stat. § 205.07, subd. 1 (requiring <br />municipal general elections on either even or odd years). Finally, there is no deadline on <br />this, such that the election could apparently cancel the election on election day, or even <br />after the results came in. Indeed, while there is no apparent limitation on the ability of <br />the City to cancel the election it is difficult to imagine a situation in which the authority <br />supposedly granted by this section could be legal or enforceable. Once an election has <br />been called, the number of candidates is not a justification for cancelling it. <br />In conclusion, most of the Charter election provisions could be eliminated. <br />Indeed, the entire section could be repealed, making administration of City elections far <br />more straightforward. We look forward to discussing these issues at the Charter meeting. <br />RRM: #316248 <br />12 <br />