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Ms., Ruth White August 17, 1979 Page 3 certifying the results to the county auditor or -to the candidates after the period for contest has passed. The three day period for canvassing results of the election was obviously intended to supplant the two day period prescribed by the statute and would be effective. However, would it not be clearer to citizens and possibly avoid expense in litigation if all the mechanism of M.S. 205.14, Subd. 3 were set out in your charter provision with such changes as your charter cornission thinks necessary or if Section 4..05 were deleted with complete dependence on the state law. Section 4.06 This provision on .special elections provides for published notice prior to the election but no posted notice. It seems anomalous to require posted notice as well as pub - lication ub `'lication for regularly scheduled elections, while requiring only published notice for a special election which citizens will have even less opportunity to anticipate. Section 4.07` The required thirty-seven day prior published notice of this special election to fill vacancies in elective office would seem to be insufficient since filing would have to be completed by thirty days prior to the election. This would give- even a shorter period to potential candidates for their decision as to whether or not to run. T say this on the assumption that all potential candidates might notread of the va- cancy on theday of its first publication. This section also calls for a special election to be held within forty-five days after the vacancy occurs without any reference to the possibility that a regularly scheduled election may be approaching. Some economies might be achieved byavoiding a separate special election in those cases when a regular-if scheduled election is to occur within say six months of the vacancy. The last sentence of subdivision 2 would seem to make sense if you lengthened the notice period required for special elections to forty-five days. Otherwise you might as well take advantage of regularly scheduled elections which are to occur shortly after a vacancy. Section 5.08 As I indicated to the commission in my consultation with that body early in their drafting process, the efficacy of such recall provisions- is not free from doubt. in view of Jacobsen v. Nagel (mentioned on page 7 of the model charter comments) . Still , I think it- is useful to have such a provision in a charter where the objective of the drafters is toobtain maximum responsiveness of the elective officers. Section 6.01 The first sentence might read, "the council , as a body, shall he responsible for the administration of the city." Note the demands on council members' time which such a provision makes if it is to be done effectively_