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1JAN 23 '97 21:28 KENNEDY & GRAVEN P.3 <br /> I <br /> Chuck Whiting ' <br /> January 23, 1.997 • <br /> • <br /> Page 2 <br /> . . • <br /> As part of your request for this opinion, you specifically asked whether the Charter provision •• <br /> allows for a special or advisory election to be conducted by mail ballot. The Charter provision <br /> neither specifically provides for a mail ballot'nor does it specifically prohibit such a mail ballot. <br /> Rather, the Charter provision states that the Council resolution shall "provide all means for • <br /> holding" the special or advisory election. The Charter provision in question is a rather unique . <br /> provision that is not addressed in state statute,and in fact. state statutes do not provide for such <br /> advisory elections. Such an advisory election is only provided for by the authority of the <br /> Charter. Therefore. there is no case law or legislative guidance which we are currently aware <br /> of that would provide direction on the question of whether an advisory election pursuant to the <br /> Charter could be conducted by mail b311ot. . <br /> ' <br /> • Since nothing in state statutes,previous case.law,or the Charter itself, would prohibit the use of <br /> a mail ballot for an advisory election,and since the Charter provision itself gives the Council the <br /> authority to by resolution"provide all means for holding" such a special or advisory election,it <br /> is our opinion that the City Council could by•its resolution ordering the advisory election provide <br /> that the election could be conducted by a mail ballot. Such a mail ballot procedure could of <br /> course be in addition to providing for voting at specific election precincts as contemplated in the <br /> Charter provision. Utilizing a mail ballot procedure in an advisory election would be consistent <br /> with current xtatc law which allows in Ramsey County the use of a mail ballot in.elections <br /> conducted by Ramsey County. <br /> Conclusion • • <br /> Based on the general language of Section 4.04 of the Charter which gives the City Council the <br /> III <br /> authority to by resolution "provide all means for holdings' a special or advisory election, and <br /> • based on the fact that neither state law nor the Charter prohibits a mail ballot procedure for.such <br /> an advisory election, it is our opinion that the Mounds View City Council would. have the <br /> authority under Section 4.04 of the Charter to provide for a mail ballot procedure in any special <br /> or advisory election it were to order by resolution. <br /> Sincerely, <br /> •Ro • tC. Long <br /> RCL/cm . <br /> Rr-L226992 ' <br /> i sines-11 <br /> 4110 <br />