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Mounds View Charter Commission Resolution 2007-01 a Final Markup format — Chapter 5 Date: 5/8/2007 Page 2 of 5 45 CHAPTER 5 46 INITIATIVE, REFERENDUM AND RECALL 47 48 Section 5.01. Powers Reserved by the People. General Voter Authority*. The people of Mounds View, 49 reserve to themselves the powers have the right, in accordance with the provisions of this Charter, to initiate and adopt 50 ordinances and resolutions, to require measures passed by the Council to be referred to the electorate for approval or disapproval, 51 and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respectively to 52 propose ordinances Finitiativel and to require that any ordinance be referred to the voters [referendum], 53 except those that appropriate money, levy taxes or deal with administrative issues (MN Statute 410.20, 54 as amended). The voters also have the right to remove elected public officials [recall]. The term 55 voter(s), as used in Chapter 5, shall refer only to residents of the City of Mounds View who first 56 register, or who have registered and are qualified to vote. Per Minnesota Statute 200.039, as amended 57 eligibility to sign the petition is not restricted to only those who were eligible to or did cast ballots in the 58 previous election. For clarity flow charts and referendum and ballot issue time lines are attached to the 59 end of this charter. 60 61 Section 5.02. General Provisions for Petitions. A petition provided for under this chapter shall be 62 sponsored by a committee of five registered(5) to ten (10) members who are voters of the City and whose 63 names and addresses shallmust appear on the petition as the Sponsoring Committee. A completed 64 petition may consistconsists of one or more papers, but each pages gathered together as a single document. 65 Each separately circulated paper page shall contain at its head, or attached thereto, the information 66 specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum and recall. 67 Each signer shall be a registered voter of the City and shall sign their name and give their street address.The Sponsoring 68 Committee may obtain a sample petition from the City Clerk -Administrator. The Clerk -Administrator 69 shall provide the number of signatures for petition sufficiency which is based on the total number of 70 ballots cast for President in the most recent Presidential election. All petition circulators must be voters 71 of the City. Each separate page of the petition shallmust have appended to it a certificate signed and 72 dated by the circulator, verified by ems,. The certificate shall affirm that each signature appended thereto 73 was made in theirthe circulator's presence and that the circulator believes them to be the genuine 74 signature of the person voter whose name it purports to be. The person making the certificate shall be a resident of the 75 City and registered to vote. and that each signer was presented with the full petition. Each signer of a petition 76 must be a voter of the City and must sign and print their name and give their street address. The 77 completed petition shall be submitted to the Clerk -Administrator for review. Any personvoter whose 78 name appears on a petition may withdraw their name by filing a statement in writing filed -with the Clerk- 79 Administrator before saidthe Clerk -Administrator advises the Council of the information related to the 80 sufficiency of the petition. 81 82 Section 5.03. Determination of Petition Sufficiency. The mittee sha„ fle the pletea petition in the 83 office of the Clerk Administrator. The required number of signers shall be at least fifteen percent for initiative and referendum, 84 and for recall, at least twenty five percent of the total number of electors who cast their votes for president at the last presidential 85 election. Immediately upon receipt of the petition, the Clerk Administrator shall examine the petition as to its sufficiency and 86 report to the Council within ten days. Upon receiving the report, the Council shall determine by resolution the sufficiency of the 87 petition, For a petition to be sufficient, it must meet the requirements set forth in section 5.02 and contain 88 at least the following: 89 • Petitions for Initiative and Referendum require signatures of at least fifteen (15) percent of the total 90 ballots cast for President in the most recent Presidential election. 91 • Petitions for Recall require signatures of at least twenty five (25) percent of the total ballots cast for 92 President in the most recent Presidential election. 93 If all requirements have been met, the Clerk -Administrator shall report to the City Council within ten 94 (10) calendar days of receipt of the completed petition. Thereafter, the City Council shall immediately 95 declare the sufficiency of the petition.