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CITY CHARTER - 2023 March
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CITY CHARTER - 2023 March
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MV City Charter Commission
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CHAPTER 5 <br />INITIATIVE, REFERENDUM AND RECALL <br />Section 5.01. General Voter Authority*. The people of Mounds View, have the right in <br />accordance with this Charter, to propose ordinances (initiative) and to require that any ordinance be <br />referred to the voters (referendum), except those that appropriate money, levy taxes or deal with <br />administrative issues (MN Statute 410.20, as amended). The voters also have the right to remove <br />elected public officials (recall). The term voter(s), as used in Chapter 5, shall refer only to residents <br />of the Mounds View who first register, or who have registered and are qualified to vote. Per <br />Minnesota Statute 200.039, as amended, eligibility to sign the petition is not restricted to only those <br />who were eligible to or did cast ballots in the previous election. For clarity flow charts and time lines <br />are attached as appendices at the end of this Charter. In all cases, the Charter text shall take priority <br />over the appendices should there appear to be a discrepancy. (Amended by Ordinance 790, Adopted <br />July 23, 2007; Filed: August 29, 2007.) <br />Section 5.02. Petitions. A petition provided for under this chapter shall be sponsored by a <br />committee of five (5) to ten (10) members who are voters of the City and whose names and addresses <br />must appear on the petition as the Sponsoring Committee. A completed petition consists of one or <br />more pages gathered together as a single document. Each separately circulated page shall contain at <br />its head, or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply, <br />respectfully, to initiative, referendum and recall. The Sponsoring Committee may obtain a sample <br />petition from the City Administrator. The City Administrator shall provide the number of signatures <br />for petition sufficiency which is based on the total number of ballots cast for President in the most <br />recent Presidential election. All petition circulators must be voters of the City. Each separate page <br />of the petition must include a certificate signed and dated by the circulator. The certificate shall affirm <br />that each circulator believes the page to contain the genuine signatures of the voters whose names <br />they purport to be and that each signer was presented with the full petition. Each signer of a petition <br />must be a voter of the City and must sign and print their name and give their street address. The <br />completed petition shall be submitted to the City Administrator for review. Any voter whose name <br />appears on a petition may withdraw their name by filing a statement in writing with the City <br />Administrator before the City Administrator advises the Council of the information related to the <br />sufficiency of the petition or, if such completed petition is deemed insufficient pursuant to this <br />Charter, during any time period that additional signature papers are being circulated by the Sponsoring <br />Committee or reviewed by the City Administrator pursuant to Section 5.04. Consistent with the <br />provisions of this Charter and the applicable state laws and rules, the Council may prescribe by <br />ordinance or resolution, the definition of a frivolous petition. (Amended by Ordinance 790, Adopted <br />July 23, 2007; Filed: August 29, 2007.) <br />Section 5.03. Determination of Petition Sufficiency. For a petition to be sufficient, it must meet <br />the requirements set forth in section 5.02 and contain at least the following: <br />• Petitions for Initiative and Referendum require signatures numbering at least fifteen (15) <br />percent of the total ballots cast for President in the most recent Presidential election. <br />• Petitions for Recall require signatures at least twenty five (25) percent of the total ballots <br />cast for President in the most recent Presidential election. <br />9 <br />
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