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MEMORANDUM <br />TO: Charter Commission <br />FROM: Joseph J. Langel <br />Nathan B. Shepherd <br />City Attorneys <br />DATE: February 7, 2019 <br />RE: Charter Election Provisions <br />We were asked to review the existing provisions in the City Charter relating to the <br />conduct of elections because the current Charter language is not entirely consistent with <br />State law. These inconsistencies are causing problems in the administration of City <br />elections. The following provides some general background and then discusses specific <br />issues related to the Charter election provisions. <br />Background <br />As a general matter, the administration of elections is governed by state election <br />law and related regulations. Minnesota Statutes chapter 205 contains the bulk of the <br />relevant law. That chapter specifically incorporates other election law chapters to the <br />extent practicable.' For charter cities, certain provisions that are otherwise applicable to <br />statutory cities do not apply.' Beyond those exceptions, however, state election law <br />controls over any conflicting provision of the Charter. <br />Upon review of the Charter, it is apparent that several provisions are unnecessary <br />because they are duplicative of state law. While it is not necessarily problematic to <br />duplicate state law, it is not necessary to do so. Further, should state law change (which <br />regularly occurs with election law), the Charter would then be inconsistent with state law <br />and therefore preempted. As a result, there is no benefit to include language that is fully <br />covered by state law, and best practice is to remove such language. <br />' Minn. Stat. §§ 205.02, subd. 1 ("Except as provided in this chapter the provisions of the Minnesota Election Law <br />apply to municipal elections, so far as practicable."); 200.01 ("This chapter and chapters 201, 202A, 203B, 204B, <br />204C, 204D, 205, 205A, 206, 208, 209, 211A, 211B, and 211C shall be known as the Minnesota Election Law."); <br />200.015 ("The Minnesota Election Law applies to all elections held in this state unless otherwise specifically <br />provided by law."). <br />2 Minn. Stat. § 205.02, subd. 2 ("sections 205.065, subdivisions 4 to 6; 205.07, subdivision 3; 205.10; 205.121; and <br />205.17, subdivision 3, do not apply to a city whose charter provides the manner of holding its primary, general or <br />special elections."). <br />1 <br />