05-22-2008 Charter Packet - Laserfiche WebLink

Home Search

Minn. Stat. § 410.10, subds. 1, 3. Minn. Const. art. XII, § 4. Minn. Stat. § 410.11. Minn. Stat. § 410.121. Minn. Stat. § 410.04. Minn. Stat. § 410.11. Minn. Stat. §410.11. CHAPTER 4 b. Form of ballot, required majority, certification The city covers the expense of a charter election. The ordinary rules of the conduct of elections apply, but the statutes add the following provision: "If the election is held at the same time as the general election, the voting places and election officers shall be the same for both elections ... The ballot shall bear the printed words: `Shall the proposed new charter be adopted? Yes No,' (with a box after each of the last two words, in which the voter may place a cross to express a choice). If any part of such charter be submitted in the alternative, the ballot shall be so printed as to permit the voter to indicate a preference in any instance by inserting a cross in like manner." The Constitution provides the Legislature may set, by law, the majority necessary to adopt a proposed charter. The majority needed to adopt a charter is 51 percent of those voting on the question at the election. A three-fourths majority, however, is needed to amend a charter to change liquor patrol limits. Provisions to remove or amend charter provisions changing the sale of intoxicating liquor require a 55 percent majority. Statutory provisions specifying the percentage of necessary votes to adopt a new or revised charter or to amend a charter supersede conflicting charter provisions. c. Filing copies of the charter If voters adopt the charter, the city clerk must file copies in the office of the secretary of state, the office of the county recorder, and the clerk's office. A certificate attesting to the accuracy of the charter giving the date of the election and the vote by which the charter was adopted, must accompany each copy. Although the Minnesota Constitution and laws do not require it, the charter commission should retain at least one copy of the charter. Printed copies of the charter should be sent to the League of Minnesota Cities, the Minnesota Historical Society, and to state and local libraries. These groups will frequently refer to the charter, and the League can use one or two copies to send on loan to other Minnesota charter commissions considering new charters. In addition, if the city has a web site, it may want to consider posting an electronic copy of the charter for increased public access. Once the city clerk files the copies and certificates, the new charter will take effect 30 days after the election or at another time specified by the charter. The charter supersedes any previous charter of the city. The courts must take judicial notice of the charter. 4-12 HANDBOOK FOR MINNESOTA CITIES