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Docs re Term Limits Amendment
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Docs re Term Limits Amendment
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Last modified
9/10/2018 7:36:42 AM
Creation date
9/6/2018 7:22:55 AM
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MV Misc Documentation
Date
1/1/1994
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ilr . Clayton L. LeFevere - 5 April 14 , <br /> which seriously threatens the values embodied in the constitutiona :. <br /> restrictions should be invalidated ." Sandalow, The Limits of <br /> Municioal Power Under Home Rule : A Role for the Courts , 48 Minn. L. <br /> Rev. 643, 719 (1964 ) . <br /> Inasmuch as our courts have strongly supported universal <br /> eligibility for elective office and the legislature has withheld <br /> delegation of power to set qualifications for local office, we <br /> strongly doubt that the proposed charter amendment may <br /> constitutionally limit the number of consecutive terms a person may <br /> serve as a member of the city council or as mayor , or both. The <br /> purpose behind a limitation on the number of terms may be to avoid <br /> entrenchment in office , corruption, and the possibilities of <br /> improper use of an office to sustain tenure . A similar purpose w-•, <br /> rejected in Pavlak , when a statute . was involved . The court said , <br /> " [ i] n a democracy, and particularly in a jurisdiction with -a <br /> constitution provision akin to Article VII , Section 6, it is for tile <br /> people, not a particular legislature , to decide- if a (candidate] <br /> should be returned to the office . " . Pavlak v. Grower 284 N.W. 2d at <br /> 178. • <br /> States that do permit limitations on reelection do not have <br /> Minnesota' s constitutional guarantee of universal eligibility or <br /> have specific constitutional provisions authorizing such <br /> limitations . See 59 A. L. R. 2d 718. While the issue of limitations- <br /> _.___ <br />
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