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MEMORANDUM <br />TO: City of Ramsey Charter Commission <br />FROM: Fritz Knaak, City Attorney <br />DATE: October 21. 2022 <br />RE: City of Ramsey Charter Election Provisions <br />For some years now, the City of Ramsey and, more specifically, the Ramsey Charter <br />Commission, has been engaged in a review of the Ramsey Charter's election provisions. <br />In particular, Section 4 of the City Charter appeared to contain inconsistencies with State <br />Law. While no legal challenges had been made to the City Charter, prior counsel stated <br />that "...in accordance with Minnesota Election Law, it is possible that a court would <br />determine that state law `fully occupies (the) particular field of 'municipal election law"' <br />and would invalidate the Charter provision. <br />In a thorough analysis of the conflicts that contained suggested changes, Mister <br />Lange!, the former City Attorney, noted the following: <br />"Since 1959, state law has dictated that municipal elections are controlled by state <br />election law. Minn.Stat. §205.02, subd. 1. Since then, the legislature further clarified <br />that, "(i)n all statutory and home rule charter cities, the primary, general and special <br />elections held for choosing city officials and deciding public question relating to the city <br />shall be held as provided in (chapter 205)" Id. subd. 2. In addition to the city -specific <br />election chapter, other election statutes that apply to municipalities will generally control <br />in the City, regardless of the Charter. See, e.g. Minn.Stat. §204B.16, subd. 1 (requiring <br />that each "municipality" designate polling places according to a certain schedule); see <br />Minn.Stat.200.02, subds. 8,9 (defining the term municipality" to include charter cities). <br />Further, state law identifies only a handful of statutory exceptions that do not apply to <br />charter cities. Minn.Stat.§205.02, subd. 2 ("(Sections 205.065, subdivision 4. 5\to 6; <br />205.07, subdivision 3; 205.10; 205.121; and 205.17, subdivision 3, do not apply to a city <br />who charter provides the manner of holding its primary, general, or special elections"). <br />Inexplicably, and critically, not listed among the exceptions are the provisions of <br />Minn.Stat.§410.21, which is located under the chapter of the statutes dealing solely with <br />charter cities. That provision provides: <br />1 <br />