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Jeff Karlson <br />July 16. 2014 <br />Page 4 <br />over general laws, the more recent and more specific election laws require application of <br />section 205.84. <br />State law places sole control over ward boundaries with the City Council. The proposed <br />amendment. on the other hand, requires that the Charter Commission draw ward boundaries in <br />the City. As a result, the proposed amendment is in conflict with Minnesota law. <br />II. The Proposed Amendment's Timing Provision Conflicts with State Law. <br />Minnesota Election Law provides a window of time during which ward boundaries must <br />be redrawn. This timing requirement is referenced in section 205.84. subdivision 2. and is <br />applicable to charter cities. as discussed above. The proposed amendment conflicts with those <br />statutory requirements. <br />"[W]ards must be redistricted within 60 days after the legislature has been redistricted <br />or at least 19 weeks before the state primary election in the year ending in two, whichever is <br />first." Minn. Stat. § 204B.135, subd. 1. "[A] city that elects its council members by wards <br />may not redistrict those wards before the legislature has been redistricted." Minn. Stat. § <br />204B.135, subd. 1. Legislative boundaries must be determined no "later than 25 weeks before <br />the state primary election in the year ending in two." Minn. Stat. § 204B.14, subd. la. By <br />statute, the state primary is "held on the second Tuesday in August in each even -numbered <br />year." Minn. Stat. § 204D.03, subd. 1. By operation of these statutes, ward boundaries must <br />he redrawn by the first week of April in a year ending in two. <br />The proposed Charter amendment requires that the Commission file the ward <br />boundaries "no later than the first Tuesday in June prior to the first City election after the <br />Federal decennial census." If the City elections are on odd -numbered years. as they are <br />currently, the proposed Charter amendment will require that the ward boundaries be filed far <br />earlier than the legislative boundaries, which is expressly prohibited. Even if the City moved <br />to elections on even -numbered years, statute would require the ward boundaries to be <br />determined over two months earlier than the proposed Charter amendment would require. <br />Consequently, the proposed Charter amendment conflicts with the state timing <br />requirements. <br />