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Mounds View Charter Commission Date: 09/18/2006 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, eli_ig bility 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. Genef.,' P..,.vi&i n f Petitions. A petition provided for under this chapter 94 shall be sponsored by a committee of five register- 5 to 10 members who are voters of the City 95 and whose names and addresses—,hallmust appear on the petition.. as the Sponsoring Committee. A 96 petition consists of one or more papers;btA pages with each separately circulated paw 97 shall containing at its head, E)r a4taehed thereto, the information specified in sections 98 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum and recall. Eaeh 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 sh-allmust have appended to it a certificate by 104 the circulator,verified by oath;. The certificate shall affirm that each signature appended thef:ete 105 was made in theifthe circulator's presence and that the circulator believes them to be the genuine 106 signature of the persenwoter whose name it purports to be. The per-son making the eer-t fieate 107 by a esidef* 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 print their name 109 and give their street address. Any perse* oter whose name appears on a petition may withdraw 110 their name by filing a statement in writing€ded-with the Clerk-Administrator before s-aidthe Clerk- III Administrator advises the Council of the sufficiency of the petition. 112 113 Section 5.03. Determination of Petition Sufficiency. The eaffifflittee shall file the eample 114 petition in the affiee of the Clerk Administrator-. The required ntHnber-of signers shall be at least 115 , at least twent-y five per-eent of the total 116 fmffiber-of eleetor-s who east their-votes for-pfesidefft a4 the last pr-esidential eleetie 117 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 evidentiar f� acts of some sort. 119 0 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 0 Petitions for Recall require signatures of at least 25 percent of total ballots cast for IN President in the most recent Presidential election 124 iffimediately upon Within 10 calendar daoreceipt of the petition, the Clerk-Administrator shall 125 examine the petition determine if its sufficiency and report to the Couneil within ten day .can City of Mounds View