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Mounds View Charter Commission Date: 09/18/2006 S Charter Updates: Category 2 Items, Chapter 5 Revision—DRAFT 20060815 Page 3 of 7 87 voter(s), as used in Chapter 5, shall refer only to residents of the City of Mounds View who first 88 register, or who have registered and are qualified to vote. Per Minnesota Statute 200.039, as 89 amended, eligibility to sign the petition is not restricted to only those who were eligible to or did 90 cast ballots in the previous election. For clarity flow charts and a referendum time line are attached 91 to the end of this chapter. 92 93 Section 5.02. General Provisions for Petitions. A petition provided for under this chapter 94 shall be sponsored by a committee of five regiatom, 5 to 10 members who are voters of the City 95 and whose names and addresses-shal`Imust appear on the petition.as the Sponsoring Committee. A 96 petition consists of one or more papersr but-pages with each separately circulated paper 97 shall containpage containing at its head, or attached thereto,the information specified in sections 98 5.05, 5.07 or 5.08 which apply,respectively,to initiative,referendum and recall. .Each signer shall 99 . - . - - -- --• ... - The 100 Committee may obtain a sample petition from the City Clerk-Administrator. The Clerk- 101 Administrator shall provide the number of signatures for petition sufficiency which is the total 102 ballots cast for President in the most recent Presidential election. All petition circulators must be 103 voters of the City. Each separate page of the petition shailmust have appended to it a certificate by 104 the circulator,verified by oaths. The certificate shall affirm that each signature appended-thereto- 105 was made in theirthe circulator's presence and that the circulator believes them to be the genuine 106 signature of the personvoter whose name it purports to be. The person making the certificate shall • 107 be a resident of the City and registered to vote. and that each signer was presented with the full 108 petition. Each signer of a petition must be a voter of the City and must sign and print their name 109 and give their street address. Any persenvoter whose name appears on a petition may withdraw 110 their name by filing a statement in writing filed-with the Clerk-Administrator before saidthe Clerk- 111 Administrator advises the Council of the sufficiency of the petition. 112 113 Section 5.03. Determination of Petition Sufficiency_ . -- -.-• --•.-- •• - - -= - -- 114 • •• -- - •- - r.. . . . •_ - - . 115 •- • • . - - . . - . - 116 . . . - . . . - . . - - . 1 17 For a petition to be sufficient, it must meet the requirements set forth in section 5.02 and contain at 118 least the following: * Minnesota courts have limited the powers of initiative and referendum to ordinances which are legislative in character. General legislative acts lay down some permanent and uniform rule of law, administrative acts relate to daily administration of municipal affairs, and quasi judicial acts are the product of investigation, consideration and deliberate human judgment based upon evidentiary facts of some sort. 119 • Petitions for Initiative and Referendum require signatures of at least 15 percent of 120 total ballots cast for President in the most recent Presidential election. 121 • Petitions for Recall require signatures of at least 25 percent of total ballots cast for j President in the most recent Presidential election 124 Immediately upon—Within 10 calendar days of receipt of the petition,the Clerk-Administrator shall 125 - • •••- -- . • •- . ; determine if its sufficiency . •. .- . - •• • ••• . • .• .can • City of Mounds View