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revocation would be from the election official of the County, the language <br />of the statute does not limit the action of revocation to the county on <br />its face. It is possible a court could construe that language to allow <br />a city to revoke the use of the electronic system within its own precincts. <br />I cannot predict that outcome if the County were to continue to insist <br />on the use of electronic potting books and would resist the City's efforts. <br />An additional complicating factor for the purposes of considering <br />this statute in the current election is the requirement that some <br />changes in the number of precincts using the system must be reported <br />no less than 90 days from the election. Further, all polling books must <br />be certified to the Secretary of State as being functional and ready <br />for use no less than 30 days prior to the election. <br />In reviewing the Equipment License Agreement between Anoka County <br />and the City of Ramsey, it does appear that it may be terminated upon <br />seven days written prior notice by either partyto the other. As indicated <br />in that Agreement, that termination "shall not relieve (the City) of any duties <br />or obligations hereunder including but not limited to the obligation <br />to safely and securely return and deliver the Election Equipment as <br />set forth above." <br />My review of that Agreement leads me to the conclusion that a notice <br />to terminate by the City would not relieve the City of the duty to care <br />for the equipment while it remained in the City's possession and, very <br />possibly, would still allow the County to continue to insist on its continued <br />use by the City during the pending election. <br />My recommendation and advice is that the City continue to use the <br />electronic polling books and other electronic equipment provided by <br />the County for this election cycle and address the issue of using <br />paper polling books, if it chooses to follow this path in light of <br />the c.ncerns being raised, afterthe election. <br />Frederic W. Knaak, Esq. <br />Ramsey City Attorney <br />North Star Law Group <br />1295 Bandana Blvd. N., Suite 335 <br />St. Paul, MN 55108 <br />(651) 3303046 (Direct) <br />(612) 804-2914 (Cell) <br />fknaak@klaw.us <br />