Laserfiche WebLink
both of the council members whose seats are to be decided in the election, said vacancy shall be <br />considered not to exist for purposes of the election. However, if such vacancy occurs in the office of <br />either of the other two (2) council members, the seat shall be filled by the candidate for council <br />member with the third highest vote total, or, in the case of two (2) vacancies, the third and fourth <br />highest vote totals. Where two (2) vacancies exist, the candidate with the third highest total shall fill <br />the vacancy in the office having the longest unexpired term. Candidates filing a vacancy shall take <br />office at or before the next regularly scheduled Council meeting following election certification. <br />(Amended 2004 Ord. 748; Amended 2023 Ord. 1009.). <br /> Subdivision 6. If there are insufficient numbers of candidates in a regular or special election to fill <br />expiring or vacated municipal offices, the Council shall fill said offices by appointment until the next <br />regular municipal election. In the case of a tie vote of the Council, the mayor shall make said <br />appointment. (Amended 2023 Ord. 1009.) <br />CHAPTER 5: INITIATIVE, REFERENDUM AND RECALL <br /> Section 5.01 General Voter Authority*. The people of Mounds View, have the right in accordance <br />with this Charter, to propose ordinances (initiative) and to require that any ordinance be referred to the <br />voters (referendum), except those that appropriate money, levy taxes or deal with administrative <br />issues (Minnesota Statutes, section 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 of <br />the City of Mounds View who first register, or who have registered and are qualified to vote. Per <br />Minnesota Statutes, section 200.039, as amended, eligibility to sign the petition is not restricted to only <br />those who were eligible to or did cast ballots in the previous election. For clarity flow charts and time <br />lines are attached as appendices at the end of this Charter. In all cases, the Charter text shall take <br />priority over the appendices should there appear to be a discrepancy. (Amended 2007 Ord. 790; <br />Amended 2023 Ord. 1009.) <br /> Section 5.02. Petitions. A petition provided for under this chapter shall be sponsored by a committee <br />of five (5) to ten (10) members who are voters of the city and whose names and addresses must <br />appear on the petition as the sponsoring committee. A completed petition consists of one (1) or more <br />pages gathered together as a single document. Each separately circulated page shall contain at its <br />head, or attached thereto, the information specified in sections 5.05 , 5.07 or 5.08 which apply, <br />respectively, 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 for <br />petition sufficiency which is based on the total number of ballots cast for president in the most recent <br />presidential election. All petition circulators must be voters of the city. Each separate page of the <br />petition must include a certificate signed and dated by the circulator. The certificate shall affirm that <br />each circulator believes the page to contain the genuine signatures of the voters whose names they <br />purport to be and that each signer was presented with the full petition. Each signer of a petition must <br />be a voter of the city and must sign and print their name and give their street address. The completed <br />petition shall be submitted to the city administrator for review. Any voter whose name appears on a <br />petition may withdraw their name by filing a statement in writing with the city administrator before the <br />city administrator advises the Council of the information related to the sufficiency of the petition or, if <br />such completed petition is deemed insufficient pursuant to this Charter, during any time period that <br />additional signature papers are being circulated by the sponsoring committee or reviewed by the city <br />administrator pursuant to Section 5.04 . Consistent with the provisions of this Charter and the <br />applicable state laws and rules, the Council may prescribe by ordinance or resolution, the definition of <br />a frivolous petition. (Amended 2007 Ord. 790; Amended 2010 Ord. 841; Amended 2023 Ord. 1009.) <br /> Section 5.03. Determination of Petition Sufficiency. For a petition to be sufficient, it must meet the <br />requirements set forth in section 5.02 and contain at least the following: