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Mounds View Charter Commission Resolution 2007-Ole Final Markup format — Chapter 5 Date7/ 12/2007 Page 3 of 6 96 for recall, at least twenty five percent of the total number of electors who cast their votes for president at the last presidential election. 97 Immediately upon receipt of the petition, the Clerk Administrator shall examine the petition as to its sufficiency and report to the 98 Council within ten days. Upon receiving the report, the Council shall determine by resolution the sufficiency of the petition. 99 For a petition to be sufficient, it must meet the requirements set forth in section 5.02 and contain at least l00 the following: 101 • Petitions for Initiative and Referendum require signatures numbering at least fifteen (15) percent of 102 the total ballots cast for President in the most recent Presidential election. 103 • Petitions for Recall require signatures numbering at least twenty five (25) percent of the total ballots 104 cast for President in the most recent Presidential election. 105 If all requirements have been met, the Clerk -Administrator shall report to the Council within ten (10) 106 calendar days of receipt of the completed petition. Thereafter, the Council shall immediately declare the 107 sufficiency of the petition by resolution. 108 109 Section 5.04. Disposition of Insufficient or Frivolous Petition_ Ift e C u it dete nest at 110 the petition is insufficient or irregular, the Clerk Administrator shall deliver a copy of the petition, together with a written statement 111 of its defects, to the sponsoring committee. The committee shall have thirty days in which to file additional signature papers and/or 112 to correct the petition in all other particulars, except that, in the case of a petition for recall, the committee may not change the 113 statement of the grounds on which the recall is sought. Within five days of receipt of the corrected petition, the Clerk Administrator 114 shall again report to the Council. If the Council finds that the petition is still insufficient or irregular, the Clerk Administrator shall 115 file the petition and notify the sponsoring committee. The final finding that the petition is insufficient or irregular shall not prejudice 116 the filing of a new petition for the same purpose, nor shall it prevent the Council from referring the subject matter of the petition to 117 the voters at the next regular or special election. If the petition appears to be frivolous, the Clerk -Administrator shall 118 report to the Council within ten (10) calendar days of receipt of the petition. If the Council determines the 119 petition is frivolous, the Council shall direct the Clerk -Administrator to file the petition as frivolous and 120 no further action shall be taken. If the Clerk -Administrator determines that the petition does not meet the 121 requirements for sufficiency and is not determined to be frivolous, a copy of the petition, together with a 122 written statement of its defects, shall be delivered to the Sponsoring Committee and to the Council within 123 ten (10) calendar days of receipt of the completed petition. As specified in this Charter, the Sponsoring 124 Committee shall have twenty-one (21) calendar days to file additional signature papers and/or to correct 125 the specified insufficiency. Within nine (9) calendar days of receipt of the corrected completed petition, 126 the Clerk -Administrator shall determine whether the petition as corrected meets the requirements for 127 sufficiency and shall proceed as directed in Section 5.03. If the petition is still insufficient, the Council 128 shall direct the Clerk -Administrator to file the petition as insufficient and notify the Sponsoring 129 Committee within ten (10) calendar days that no further action will be taken. The final finding that the 130 petition is insufficient shall not prejudice the filing of a new petition for the same purpose unless 131 otherwise specified within this Charter. Except in the case of a petition for recall, it shall not prevent the 132 Council from referring the subject matter of the petition to the voters at the next regular or special 133 election. 134 135 Section 5.05. Ballot Measure Requirements. If a measure meets the requirements to be put on a 136 ballot and is in compliance with Chapter 4 of this Charter, at or before its next regularly scheduled 137 meeting, the Council shall pass a resolution placing the measure on a ballot. If it is within one hundred 138 twenty (120) calendar days of a primary or general election and all of the county election requirements 139 can be met, the measure shall be placed on the ballot at the next regularly scheduled election. 140 141 If a measure meets the requirements to be put on a ballot but cannot be placed on the ballot at a regularly 142 scheduled election, at or before its next regularly scheduled meeting, the Council shall pass a resolution 143 placing the measure on the ballot and calling for a special election to be held within one hundred twenty 144 (120) calendar days of said meeting. However, no special elections can be held between a regular primary 145 election and a regular general election or forty (40) calendar days after a regular general election. If there 146 is no regular primary election then no special election shall be held within sixty (60) calendar days prior to 147 a regular general election.