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Mounds View Charter Commission Date: 5/08/2007 Revision e—Chapter 5 Clear Text used to produce Resolution 2007-01 a Page 2 of 4 45 CHAPTER 5 46 INITIATIVE,REFERENDUM AND RECALL 47 48 Section 5.01. General Voter Authority*. The people of Mounds View, have the right, in 49 accordance with this Charter, to propose ordinances jinitiative] and to require that any ordinance be 50 referred to the voters [referendum], except those that appropriate money, levy taxes or deal with 51 administrative issues (MN Statute 410.20, as amended). The voters also have the right to remove 52 elected public officials [recall]. The term voter(s), as used in Chapter 5, shall refer only to residents of 53 the City of Mounds View who first register, or who have registered and are qualified to vote. Per 54 Minnesota Statute 200.039, as amended, eligibility to sign the petition is not restricted to only those who 55 were eligible to or did cast ballots in the previous election. For clarity flow charts and referendum and 56 ballot issue time lines are attached to the end of this charter. 57 58 Section 5.02. Petitions. A petition provided for under this chapter shall be sponsored by a 59 committee of five (5)to ten(10)members who are voters of the City and whose names and addresses 60 must appear on the petition as the Sponsoring Committee. A completed petition consists of one or more 61 pages gathered together as a single document. Each separately circulated page shall contain at its head, 62 or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to 63 initiative, referendum and recall. The Sponsoring Committee may obtain a sample petition from the 64 City Clerk-Administrator. The Clerk-Administrator shall provide the number of signatures for petition 65 sufficiency which is based on the total number of ballots cast for President in the most recent 66 Presidential election. All petition circulators must be voters of the City. Each separate page of the 67 petition must have appended to it a certificate signed and dated by the circulator. The certificate shall 68 affirm that each signature was made in the circulator's presence and that the circulator believes them to 69 be the genuine signature of the voter whose name it purports to be and that each signer was presented 70 with the full petition. Each signer of a petition must be a voter of the City and must sign and print their 71 name and give their street address. The completed petition shall be submitted to the Clerk- 72 Administrator for review. Any voter whose name appears on a petition may withdraw their name by 73 filing a statement in writing with the Clerk-Administrator before the Clerk-Administrator advises the 74 Council of the information related to the sufficiency of the petition. 75 76 Section 5.03. Determination of Petition Sufficiency. For a petition to be sufficient, it must meet 77 the requirements set forth in section 5.02 and contain at least the following: 78 • Petitions for Initiative and Referendum require signatures of at least fifteen(15)percent of the total 79 ballots cast for President in the most recent Presidential election. 80 • Petitions for Recall require signatures of at least twenty five (25)percent of the total ballots cast for 81 President in the most recent Presidential election. 82 If all requirements have been met, the Clerk-Administrator shall report to the City Council within ten 83 (10) calendar days of receipt of the completed petition. Thereafter, the City shall immediately declare 84 the sufficiency of the petition. 85 86 Section 5.04. Disposition of Insufficient or Irregular Petition. If the Clerk-Administrator 87 determines that the petition cannot meet the requirements for sufficiency, a copy of the petition, together 88 with a written statement of its defects, shall be delivered to the Sponsoring Committee and to the City 89 Council within ten (10) calendar days of receipt of the completed petition. As specified in this Charter, 90 the Sponsoring Committee shall have thirty (30) calendar days to file additional signature papers and/or 91 to correct the specified irregularity. Within nine (9) calendar days of receipt of the corrected completed 92 petition, the Clerk-Administrator shall determine whether the petition as corrected meets the 93 requirements for sufficiency and shall proceed as directed in Section 5.03. If the petition is still