04/04/2011 Council Packet - Laserfiche WebLink

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MEMORANDUM TO: City Council FROM: Joe Langel, City Attorney DATE: March 25, 2011 RE: Sign Ordinance Modification At the City Council meeting on March 14th, the Council approved the first reading of Ordinance No. 08 -11, Amending Chapter 1010 of the City Code regarding Regulation of Signs in Election Years. Prior to approval, the portion of the amendment setting forth the time period before an election during which the size and number of non - commercial signs are not restricted was changed from 46 days to 30 days. The number of days was tied to the absentee ballot period. It was the understanding of the Council at that time that the absentee ballot period for City elections was 30 days, not the typical 46 days for state elections. Further review by staff following that meeting revealed that the absentee ballot period for the City's odd -year elections are in fact 46 days, not 30. State law provides that eligible voters may vote by absentee ballot during the 46 days before "a regularly scheduled election for... city... office." Minn. Stat. § 203B.081. Although the City's elections take place in odd years, they are still considered regularly scheduled general elections. See Minn. Stat. sr 200.02, subd. 2 (general elections are elections held at regular intervals on a day determined by law or charter). There is a 30 -day absentee voting period set forth in the statute, but it applies only to local, special elections (e.g., special election to fill a vacancy). In light of the fact that the absentee voting period is in fact 46 days, the Council may wish to reconsider the time period regulating sign restrictions. The time period does not have to match the absentee ballot period, but doing so would be consistent with regular, even year elections. Also, doing so allows candidates to use their signs to communicate to absentee voters during the entire absentee voting period.