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EE-4. Election Day Registration (B) (cont'd) <br />3. Certain penalties for election day infractions are so severe that <br />they constitute a barrier to effective enforcement of the law. The <br />League recommends that the laws be reviewed and modified where <br />necessary so that the laws can be effectively enforced; <br />4. Permitting election judges to sign ballots prior to sending out <br />ab_cntee ballots; <br />S. Write-in candidates with less than five percent of the total vote <br />cast would need not be listed on election returns; and <br />6. The League supports clarification of absentee voting ballot <br />requirements to assure that all ballots are available according to <br />statutory requirements. <br />EE-5. Conflict of Interest/Incompatibility of Offices (B) <br />City officials work hard at maintaining the public's trust and <br />confidence. Avoiding conflict of interest is critical to the public's <br />perception of good government. <br />Because of the importance of conflict of interest, city officials want <br />time to study this issue in order to offer their recommendations to <br />the legislature during thnext session. <br />EE-6. Recall of Local Elected Officials ;B) <br />The League opposes state -mandated recall of city elected official3. <br />Extending recall to all local governments is inappropriate and <br />unnecessary because: 1) it is of limited usefulness under the ,? <br />Constitution; 2) It is already available to any city whose citizens <br />want to have recall provisions in the charter; and 3) existing <br />statutes providing that an office is vacated when tae office holder is <br />convicted of a serious crime serves much the same purpose. <br />The Minnesota Supreme Court has bald that recall is a form of removal <br />from office. Since the Minnesota Constitution provides that officers <br />can be removed only for malfeasance or non-feasance, recall can <br />therefore only be used in those instances. All cities have the option <br />of adopting a charter, and including recall provisions in their <br />charter. About one half of the charter cities have done so. Because of <br />the constitutional restrictions, however, recall is very se'.dom used. <br />Fur::her, where elected officials have been convicted of serious <br />wrong -doing while in office, cities have been successful in declaring <br />the office to be vacant under M.S. 351.02. <br />- 15 - <br />