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HomeMy WebLinkAbout1998 09-23 CHCABROOKLYN CENTER CHARTER COMMISSION WEDNESDAY 23 September 1998 7 P.M. CITY HALL AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes 24 June 1998 4. Correspondence 5. Old Business A. Discussion of Awards for Commissioners B. Discussion of "Wards" and "At- Large" Council C. Other 6. New Business 7. Next Meeting Date Currently scheduled for Wednesday, October 15, 1998 (Changes Additions) 8. Adj ournment 0 kease call Carl Wolter at 561 -5627 or 721 -6661 if you cannot atte ,�,eagua of Mirineaafa (.'iiiaa e`ia" M"Mol 9 M#,M.W July 7, 1998 Sy app Charter Commissioner City of Brooklyn Center 7221 Riverdale Road Brooklyn Center, MN 55430-1319 Dear Mr. Knapp: 145 University Avenue 'west, St. Paul, MN 55103 -2044 Phone. (612) 281 -1200 (800) 925 -1122 Fax: (612) 281 -1299 TDD (612) 281 -1290 I am writing in follow -up to our telephone conversation of late last week regarding the use of ward -based elections in home rule charter cities. It is my understanding that there is some interest in amending the Brooklyn Center charter to adopt a ward -based election system instead of having councilmembers elected at- large. Your specific request was for any information discussing the pros and cons of a ward based election system. Most of the information that I found in the League's files was rather dated. It appears that very few charter cities have adopted a ward -based system of election in recent years, although a few have adopted a mixed system in which some councilmembers are elected from specific wards and others are elected at- large. It also appears, however, that most of the arguments both in favor of and opposed to the idea of a ward -based system are still applicable. I have, therefore, enclosed select pages from a 1965 LMC Research memo discussing ward -based elections. Included in these pages are actual sample chatter provisions establishing ward-based elections. I cannot guarantee if this language is still in use. Also enclosed are copies of an editorial in support of ward -based elections, and a response to the editorial proclaiming the benefits of at- large elections. In addition to the opinion pieces discussed above, I have enclosed a recent survey of charter cities. Included in this survey is information about how home rule charter cities are currently conducting city elections. I have highlighted the column indicating the number of councilmembers elected by ward in each city. The League attempts to maintain a file of all current home rule charters and so if you would like to see any current language from any of the cities included in the survey, I might be able to track it down for you. Otherwise, I am sureAat each city would be happy to provide you with a copy of the appropriate charter pages if you contact them directly. T Finally, assisting charter cities with the drafting and/or review of proposed charter amendments is a service that the League offers on a contract basis. The current rate for this service is $60 /hour. Please let me know if you would like any additional information on this service. I hope that this general information is of some help to you and the charter commission. If I can be of any further assistance, please feel free to call me again. Sincerely, Kent Sulem LMC Codification Attorney Enc. TIE WARD SYSTEM OF ELECTION OF CITY COUNCILMEN Part I Discussion of the I•lard System A. What is the Ward System of Election B. Arguments for the Ward System— C. Arguments Against the Ward System D. Compromise Proposals E. Revision of Ward Boundaries A. that is the Ward Svstem of Election? The ward system is a method of election in which the city is divided into dis- tricts, theoretically of equal population. From one to three councilmen are elected by the residents of each of these wards. Residence in the ward is almost invariably required of the candidates. Usually, only one councilman at a time is elected from each ward. This means that, when more than one councilman represents each district, the whole council is only partially renewed at any election, and there is some con- tinuity of experience in the governing body. Continuity may also be secured by electing from half the wards at any one election. Although the ward system was introduced into this country in 1686 by the Dongan Charters granted to Albany and New York City, it attained its greatest vogue in the 19th century. At the present time, Americans prefer the method of election at large; about 61% of all municipalities over 5,000 population elect all council members at large. It should be noted, however, that only 44% of the mayor council cities use the at -large system; 22% elect by wards, while 17% combine the two methods. In Minnesota, the at -large and the combination system have been preferred over the ward system during the last fifty years. Of the five new charters adopted since 1960, two provide for at -large elections, one for election by wards and two for a combination. PERCEATTAU9 'OF CHARTER rrrIEi'= UaITVG' ACH b(ExHQD =OF ELL^CITION All.': Cities Firsf Class. Second. Class Third; Fourth Class 1922. J JA6 964 1922 1946 •1964 i 1922 :..1946 1564 1922•' 1946 1964:,' 1922 1946 1964 No. of Cities 65•` 7$ 92 3'• 3 3 0 20: 7 8 17 55 65 62 At Large 35% 39% 40% 662A% 331,% 3 0 50% 50% 43% 24 33% 3118 45% Wards 2�% 24% 22% 331A% 330% 33 W% 0., 0 :..'10x 41% 25% 241,Q% 21% nation 41)t. 37% 33� 0 331 10% 0, 50 °1. .40% 57% 37' IP1 35� 41°4 37% 34% -3- B. Arsuments for the Ward Svstem (1) As the citizen votes only for candidates in his ward, and in no other, the B. is shorter and simpler. 42). voter is more likely to have direct, personal knowledge about the qualities'.of tbose who seek to represent him, and thereby will make a more intelli- gent choice. After election, the councilman will keep in closer touch with his con- stituents.;. f' (3) Insofar as'wards have special interests, these will-bt represented. Insofar as wards contain distinct social, ethnic, and economic groups, the council will be a better cross section of the population. 4) If a minority is concentrated in one geographical area, the ward system assures it of'securing some representation on the council. C. ALainst the Ward Svstem (1) As a valid answer to (3) above, it might be said that in fact ward bound- aries rarely delineate homogeneous areas. They tend to be artificial or merely traditional lines. Therefore, there is rarely a ward interest or a ward "personality" that would justify separate representation. (2) The last argument listed in favor of ward elections is only one side of the coin. A voter residing in one ward may find that there is no candidate in his area whom he can wholeheartedly support, and that there is a candidate in another ward who would more fully represent his views. The ward system prevents this voter from fully exercising his freedom of choice. One premise of the ward system is that men group themselves geographically. In fact, this is not completely true. Other groupings, such as nationality, economic position, and social class, are equally compelling. A geographic location cannot be said to comprehend all other loyalties. (3), Since residence in the ward is an almost universal requirement for candi- dates, some wards have no top -notch aldermanic material. So the voter's range of choice is restricted,.and the quality of the council is likely to be.lowered. (4) The system results in,unequal representation. Even if the city is not gerrymandered, natural population shifts soon render the wards unequal in numbers. The well -known fact that, once established, ward lines are extremely difficult to chanSe perpetuates the inevitable inequities. A final consideration is that a minority group may completely dominate the council by winning in a majority of the wards. (S) The chief weakness of the system is that it encourages a spirit of localism. The basis of selection of councilmen tends to be service to the ward, not to the city. An increase in trading and log rolling is the result, and the alder- man who returns to his ward with "clean but empty bands" is less likely to be re-elected.1 Finally, it is only a step from representation of local interests to representation of the private interests that dominate the ward. 5 j� ti D. Compromise Proposals The. objective of any electoral system in a democracy is to'ceaoncile' adequate minority representation with majority control Neither the ward nor the at large system ensues.. tY�4t ::chi -a cwil I gecur. in::every eUction, and as 'a result, neither system 1�ag forcgd.t:;.the other:,: Some cities have sought a solution by combining .the Somme ¢ECtr*Bt .but. nominate by wards others elect part of the .council by wards, and part at large. The latter compromise has•woiked reasonably well in small cities because a council of small size, which works with more .#Px.tc.k.xha a ;large,. unwieldy .body,' may be pro-served:.-without so' expanding the ,size of the. close contact between• councilman and constituent is destroyed. ,.A pgmpromiBsa. tbat,rejects both:the traditional at -large and the ward system is Proportional Representation,, This, method of prof ereential voting', -which is''- designed to secure majority control and minority representation, is beyond the scope of this memo. It was once used in Hopkins, Minnesota but was abandoned after about 10 years use.. (For those who are interested in this, as well as other aspects of the selec- t Da,' ;LUa4z _#Ad duties Qf•, -councils, the following-'boo shill be of value: Anderson and- ,Weidner,, -American City, Government; :Kne1er, -­City- c oVe 'nmene in the ..United' _(rev. $d.);.Munro., The Government of American Cities (4th ed,) Government of Cities in the United States.) Revision -of Ward :Boundaries Ward lines should be changed periodically to•reflect population shifts in order to give equality of representation in city councils. Recent decisions on reappor- tionment by the United.States, upreme Court regarding the "one man oAe' vote" con- pep will Piave as effect on. -tie revision ward bobtid'ries. The findings' in Baker v, Cam 369 U� 186 and Revno -lds v. Sims, 84 S;' Ct. 1363 have"been inter- preted as applying to local as well as state governing boclieS: Iti 1964, a Michigan court held that the equal protection clause of the Fourteenth Ameudment requires a ..county board.-.of aupaivtsors:to meet basic standard ad' le islature. Also ;see. Ellis v.- Mavor and -City: Council of- Baltimore; 234 F. Stipp. 945 slid State ex'rel Sonneborn v. Svlvesterta132 :.N.W..2d 249•(1965; Supreme `Court of Wisconsin). SeveKa city charters contain provisiotis to insure -uegulir' reapportionment of city. wards -For instance, the Minneapolis 'charter iequir+e�s the` readjustment of ward boundaries, within three: months after each decennial cen to stance ards '_delineated .3,n :the charter.,, such as the population of •each ward must 'sot 'vary more than. .5 f ;om. the .avgrage; eacheward must 'b contiguous end compa and officiiat must be used. If the city council fails to act, a ward boundary commission consisting of the mayor; comptroller and treasurer of the, city readjusts the.ward lines. The ,provi4o i the St. -Louka:.Park charter states:'. "The boundaries of the `four 'wards. shg.11 be ieetermiaed,f�m -time to time b' drdinances"duly adopted by the council, and ba�ed�,on fix)diugs of ..the coQ.ntil• that the. Wards- as' so redetermined ate of as "near uquwt size in:botk po pulation. and: area; :0--:practicable';' After each decennial census of the United States, the council shall redetermine ward boundaries, and if the council shall fail to do so within a period of two years after the official certification of the decennial census, no further re=reration shall be paid to the mayor or councilmen until the wards of the city are duly redetermined as required by this charter." I -5- .Part II Actual Provisions of Minnes o Ea 'Charters The following excerpts from charters are illustrative of the variety of methods used in Minnesota cities. 1. Crookston (1961). One councilman from each ward; overlapping terms. Section 2.04. Elective Officers and Elections. The elective officers of the city shall be.one mayor, one alderman from each ward in the city, and two justices of the peace, all of whom shall be qualified electors of the said city, elected in the manner hereinafter provided. The aldermen shall be elected for,terms of four years by the voters of the respective ward such alderman represents and he shall serve until his successor is elected and has qualified. All other elective officers shall be elected for terms of two years and until their successors are elected and-have have qualified. The election of aldermen shall be so arranged that aldermen from each odd numbered ward shall be elected at one regular municipal election and aldermen from each even numbered ward shall be elected at the next regular municipal election. Terms of elective officers shall begin on the first Monday of January following the.date of the municipal election when such officers are elected. An alderman must be a resident.-of the ward he represents on the city council. The City Council shall consist of the Mayor and one alderman -from each ward. The election, qualification and term of office of a municipal judge shall be governed by the general laws of the State of Minnesota. 2. Faraus Falls (1956). Two councilmen from each ward; overlapping terms. Section 2.01. Councilmen: Number: Selection: Term: The Council shall be composed of eight (a) Councilmen, two (2) of whom shall.be selected from each ward for a term of -two years each, except.as hereinafter provided. At the first City election held following the adoption of this charter, four (4) Councilmen, one (1) from each ward shall be elected for a term beginning on the second Tuesday of April immediately following such election and ending on the last day inclusive of the second December thereafter. At the second City election following the adoption of this charter four (4) Councilmen, one from each ward, shall be for a term beginning on the second Tuesday of April immediately following such election and ending on the last day inclusive of the second December thereafter. At each and every City election thereafter, four (4) Councilmen, one (1) from each ward, shall be elected for two (2) year terms.- Each alderman .shall serve until his successor is elected and qualified. 2.02. Qualifications: A. member of the Council shall be a qualified elector of the ward which he represents and shall,hold no other public office incompatible with the office of Councilman. 3. West St. Paul (1962). Two aldermen from each ward; non overlapping terms. Section,2.03,. -Elective Officers. The Council shall be composed of a maypr..and six (6) aldermen. The Mayor, Municipal Judge and Constable in -6- shall be qualified electors and shall be elected at large. Two (2) aldermen shall be elected each aldermanic district and shall be qualified electors. The Mayor, Aldermen and the Constable shall be elected for terms of .;two:.(2) .'and the Judge for a term of six (6) years, 4: Rapids (1959; :amended •1961) .One councilman from -each yard; one councilman at large; overlapping terms. The 1961.amendment to Section 2.03 .provides for a mayor and.one.eouncilman to be elected at large in alternate years (for terms of 2 years); for three councilmen to belelected,_oAe:£rom each of.three wards for staggered t -terms (for terms of 3 yasrs)'and for the.city to.be divided into three wards. 6.. 5. Glencoe (1957). -One councilman from:each .ward; -at- large. Section 20010 Elective .Officers. The .•elective *;officers of the City of Glencoe -*hall -,themselves be qualified voters of the City of _Glencoe and shall•be elected by•the :vote•of the-qualified voters of said..city and shall. consiat of •a. Mayor,..-.one Alderman a resident of each .ward, one AlAerman at.Large,•d Municipal•Judge; cad a Spacial Municipal Judge. -Section 2,A5. -Term ;of '.Of£ ice. The term of office'of th4- 'Muni cipal Judge.and Municipa1'Judge shall be four years: Thd term of office of the Mayor•and Aldermen shall be two yens, except that the term of the irst Alderman at Large .elected hereunder shall be for 'one -Yoar only and ..thereafter•,for two years in order that thereafter the Mayor and Alderman at Large shall be elected in alternate years.. •The:term of office of appointive officers, except Commission members, shall not exceed two years, -arnd; terms ;of all .such appointive offices shall dxpi -V`e.with the term of the Mayor. The term of office of each officer elected hereunder shall corcacnce ..on the -first• :day of Ap; it in the year, in 'which• he was elected. All officers., both olective 'and appointive shall hold office until their .••successora are elected• or :appointed and qualified. Elective 'officers whose to .;terms have. -not expired. at.the time of the fi rst. election following the $doption of rthis Charter." !shall continue to.' hold office to the! expiration of the. _.tern: -for which originally elected. r 6. Northfield (1961). One councilman from each ward; three councilmen-at- large; oveiapping terms. ..$action :2.3. Elective. Officers,, The .counci2• shall bo composed of a mayor t ;md six rcouncilmen who •aha11 be. qualified electors. One Councilman shall be elected ;from each --ward.•and three councilmen •shall be elected at large. t 94th, c0unci1man -shall Agrve .for,•a term -of three years' 4hd until his successor i,s.:elected,:and qualiff.•es:, except :that at the first election held after the adoption: of this.-charter the candidate for •courici.lman at large from the first ward shall serve for one year, the candidate for council- i qmn At, -I"rge;.from !•the•• second, ward shall serve for two. years, :the candidate for councilmai at. large..from the. third .ward ehall•serve fbt three years. The candidate •f oX..counciI:man cit•-.iarge .having Pthe highest •umber of votes shall serve for three years, the next candidate for councilman at large kW41ag. ,.t #e next. higheg.t number, of..votes sholl curve •far. twq .y�eard and the next candidate for councilman at large having the next highest number ...v.f vot©$ ghAll serve :for year.':_ The m al►or, shall: serve for a term of xwQ, years:. arldr t�nti l his, Succeasbr is alerted txid qualifies. -7- 7. S t. James (1951). Two councilmen from each ward; one councilman -at- large; overlapping terms. Section B. Elective Officers. The elective officers -of the city shall be the members of the council, including the mayor, and two justices of the peace all of whom shall be qualified. electors of said city. The mayor shall hold his office for the term of two years .and the aldermen shall hold their offices for the term of four years, all commencing on January 2nd, next following their election and until their successors are elected and qualified, except that at the first election held after the adoption of this amendment, the candidate for alderman,in each ward Navin; the highest number of votes shall serve for four years, and the candidate in each ward Navin; the next highest number of votes shall serve for two years and the alderman at large shall serve for two years. The justices of the peace shall hold their respective off ices for the term of two years, commencing on January 2nd, next followin3 their election and until their successors are elected and qualified. Section 9. Council. The council shall be composed of the mayor and five aldermen, two of which aldermen shall be elected by and from the electors of each ward of said city respectively, and who shall be bona fide residents of their respective wards and residents of the city for a four year period as taxpayers and qualified voters, and one alderman to be elected by and from the electors of said city at large. The mayor shall have no vote in the proceedings in said council except in the case of a tie vote. Detroit Lakes (1959). Two councilmen from each ward; three councilmen -at- large; overlapping terms. Section 3.01. Elective Officers. The elective officers of the city shall be a mayor, nine aldermen, a judge, a special judge of the municipal court and two Justices of the Peace. Of the nine aldermen, two shall be elected from each ward and three at large. The Justices of the Peace shall be elected for terms of two years until such a time as the office is abolished pursuant to law. All elective officers shall be qualified electors of the city or ward from which they are elected, and all elective officers holdin- office when this Amended Charter takes effect shall continue in office until the terms for which they have been elected have expired. Except as provided herein, the mayor and aldermen shall hold their office for four years, and the judge and special judge of Municipal Court shall hold their office for terms as provided by law. All elective officers shall continue in office until their successors have been elected and qualified. At the first biennial election following the adoption of this Amended Charter, the mayor and nine aldermen, two from each ward and three at large, shall be elected for terms beginning March first immediately following such election, the terms of which, under the present city charter, expire on said date. At the said first biennial election the alderman receiving the highest number of votes in each ward shall be elected for a term of four years, and the alderman from each ward receiving the second highest number of votes shall be elected for a term of two years. At said first biennial election the alderman receiving the highest number of votes for alderman at large shall be elected for a term of four years and the alderman receiving the second and third highest number of votes for aldermen at large shall be elected for terms of two years. 8- 1 At the said first biennial election two Justices of the Peace shall be elected for terms beginniag•April first immediately following such election, the terms of which under the pres'dnt charter, 'wi.pire'.on said date. At 'the 'third biennial election following the adoption of Amended Charter,: the Judges and 'Special 'Judge' of the Municipi 1 'Court shall be ,eleCtid for terms begin:iing March'first immediately follo*ing such elec- tion, the term of the present Municipal Judge expiring on said date. At.the second biennial election there shall be elected aae ajderman from :each hard and two aldermen at la years for-terms of four years. At every "city election thereafter all elective offices shall'-be filled as the terms of the office='s James -G. Coke Research'A$sistant .:r. Louise Kuderling .Research- Assistant Revised May, 1965 JGC /nw LK /ea Rev: May, `2965 Ada No 1 2 1 4 l No I No I T 1 3 1 4. 1 0 1 Yes of tie)1-No 1 Yes I No I Yes 7No Albert Les I Yes 1 2 1 4 1 No I No f 6 1 0 1 8 1 0 PE Primary Electtorilk; Atexandda I NO 1 2 1 2 1 1 No 1 5 1 0 1 5 1' 0 1 Yes I No I No I Yes I Yes Anoka I Yes (if tie) i Na f Yes I Yes I Yes LT Length c4 Terirt:•:`�r. I Yes i 2 I 4 1. Na 1 Nb 14 I 4 1 0 f 0 Yes I No I No I yes 1 yes yes n Te rm LJ;rru�s a:'_ ='.t Arlington I No 1 3 t 3 t No I No 15 I 5 0 1 0 1 Yes Of tie} I No I Yes f Yes I Yes I NO Im Impkrrsentsd x; Austin t I I I I 1 I f Pet PeUtMned' Barnesville I No I 2 I 4 I No I No 16 1 0 16 1 1 i B I I 1' lCS Total Cowin Slab 4 :A enson I Yes 1 2 I Ward 4, Large 2 I No I No 16 I 1 5 1 0 i Yes (i f No I No I Yes I Yes f No NE L Number lamed Benson I W- Number Elected. Btwabik Hit. Wiftd I Yes 1 2 1 4 i No I No 1 4 1 4 I p 1 1 1 f t 1 OTH pe Blaine Yes 1 4 1 4 1 0 i Yes I No I No I Yes f Yes I Yes Bloominsrtan t Yes I 4 1 4 1 No I Yes 1 6 1 0 1 6 1 0 Mayor t No 1 No 1 8 1 2 1 0 1 Yes I No I NO 1 Yes Yes I' No 1 4 I CV- Clerk Votea:_:,.;r Blue Earth I No 1 2 1 4 1 Yes I No I No I Yes' I. Yes I Yes MVA Mayor f fas Veto Po ror Brainerd No 1 4 1 4 I No I No 1 6 I 0 1' 6 I 0 1 Yes I No I No i Yes I Yes I Yes 1NR.:Inklatt Breckenridge i No I 2 1 4 1 No I No 1 T I 3 1 4 1 0 1 Yes (N tie)1 No 1 Yes I No V No I. Yes t�EF Brooklyn Center 1 1 4 I No I No i 6 I 6 I 0 I D I Yes (it tie} No I Yes I No I Yas I No lemndlrtsi f 4 1 NO I No 1 4 1 4 1 0 1 0 1 Yes I No I No I Yes I Yes 1. Na Brooklyn Park I Yes I 4 I 4 I No I No 1 6 1 0 I .6' 1 0 1 Yes 1. No I No 1 Yes t Yes f.Yes Browervike I No I 2 I 4 Canby 1 No I Na 14 1. 4 i p L p l Yes I No I N I NO-1,W-1. No INo 2 I 4 INoINoI 4 I 0: I .4- Cannon Falls i No 1 2' 1 3�' I 0 1 .:..Yes 1 No 1,: No I Yes I Yes kYes Chatnetd i I I No I Na 16 6 1.. %0 t 0 1 Yes (tf tie) 1 No I Yes 1 Yes f Yea I No' s i Chish olm I Yes I 3 I 1 I 1 L.; I' .4 u' I 3 I No 1 No •1 5 I 5 I -0. 1 p Columbia Helghts I Yes 1 2 I 4 i Yes 1 No I No I Yes 1 Yea I Yea Coon 1 No I Rapids I yes 1 2 I 3 I Na 1 No 14 I 4 I 0. 1 0 I Yes I No I No I Yes I Yes 1 Yes Corcoran No 1 6 1 1 1 5 1 0 I Yes I NO I No I Yes I Yea I Na I i I I 1 1 Crookston i No 1 2 i 4 I No No I i 1 I 1 I I I I CNStai i Yes I 3 I 3 I No I No 1 8 1 0 1 8 1 0 1 Yes I No I Yes I No 1 No 1 Yas Dawson I No 1 4 1 4 I NO I No 6 1 0 1 4 12 by aeCtbn I Yes 1 No I No I Yes 1 Yes I Na Detroit Lakes No 4 I 4 i No I No 19 1 3 I 8 1 0 1 Yea (if tie) I No 1 NO I Yes I Yes I No V• rru1�„ke. Yr+}+', Duluth I No I 4 I 4 1 8 1 0 1 No I No I Yes+E1 NO 1 'Na I Yea East Grand f=orks I No I 4 1 4 I No 1 Yes 19 i 4 1 5 I 0 i No I No I NO 1 7 I 2 I No I Yes I Yes I Yes I Yes Ely I No 1 3 15 I 0 I Yes (if tie) t No I Yes I No 1 No I No Eveleth Yes 1 2 1 4 I No No 1 6 B 1 0 1 0 1 Yes I No I No I Yea I Yes I No INoINo1 4 1 4 1 0 1 0; a I Yes I No I No I Yes I Yes I Yes v Excelsior I No I 2 I 4 1 No I No 1 4 1 4 10 I 0 Fairmont 1 No I 4 4 t Yes I N 1 No I Yes I .Yes I Yes 1 Yea I Yes 1 5 I t i 4 t 0 Fartbaull I Yes 1 4 1 4 t No I No 1 6 1 6 1 0 1 0 I Yes (if tie} I No 1 No Yes f Yea I Yes Fergus Falls I No 1 4 1 2 Yea I No I No I Yes I Y I No I No I e 18 I 0 1' 8. 1 0 F I Yes (If tie) I No I No I Yes I Yes I Yes ridley I Yea 1 4 I 4 I No 1 Yea 1 4 t 1 1 3 1 0 Gaylord I No 1 2 I 4 i N 1 No 1 5 I 5 10 I 0 1 Yes I No I No I Yes I Yes I Yes Gpped I Yes I 2 I Yes I Yes I Yea 1 3 1 Yes (if 110)1 No I No Glencoe I 1 I i N o 1 No 1 4 I 4 1 0 0 I Yes I No I No I Yes I Yes I No Glenwood I No 1 4 1 4 I Na I No 1 4 1 4 1 0 1 p. I Granke Falls I No 1 3 I' 3 No 1 No 1 6 1 3 1 3 0 1 Yes I No I No I Yes I Yes I 4 IHam La 9 e I No 1 2 I I Yes 4 I No I NO t 4 I 4 1 0 1 0 I Yes 1 No I Na I Yes 1'fes 1 Yes' 1 No I No I Yes I Yes No I 1 4 1 No I No 1 6 I 2 14 1 0 1 Yes Hopkins 1 1 2 1 4 I Yes I No I No I NO 1 No Hutchinson I Na i 2 I 4 NO 1 Yes 1 4 4 1 0 1. 0 1 Yes I No 1 No 1 yes I Yes I Yea 4�1 Int'I Falls I Na I No 1 4 I 4 10 1 0 1 Yes I No I No I Yes I Y es i Yes Isantl 1 No I.. 4 1 4 1 No I Yes 1 8 1 2 1 6 1 0 z i Yes 1 No I Na I Yes I Yes Yes I Na I 2 I 4. 1 I No I Yes 1 4 1 4 1 0. 1 0 I. Yes I No I No I Yes I Yes I Yes r Lake CIW I No 1 Lake Crystal I I LeSueur I No I Lino Lakes I No I Litchfield I No I Falls I No I i Little Luveme I Yes I Tracy I No I I Madison Mankato I I (Yes I Yes I Yes I No 1 I Marshall MInneapolls I Yes I Minnetonka 1 Yes I Minnetonka Beach I No I Montevideo I No I Moorhead I No I IMorris 1 No I Mounds View I No I New Prague I No I New Ulm .I Yes I Northfield I No I Ortonvills I No I Owatonna I No I Pipestone I Yes I 0 1 Yes (if 09) 1 No I I No I l Pivmouth Ramsey I I (Red Wing I Yes I Redwood Falls I No 1 Renville 1 No I Richfield Yes I Robbinsdale Yes I Rochester I I Rushford I No I St Charles I No I 5L Cloud I Yes I St Francis I No I St James 1 No I ISL Louis Park I Yes I St Paul I Yes I Slee E e I I South St. Paul I No I §Aftfleld I No I Staples I No I Stillwater I Yes I Tower I No I Tracy I No I Two Harbors 1 No I (Yes I Yes I Yes I Yes I Virginia Wabasha I No I (Warren 4 3 3 2 4 4 2 2 4 2 4 4 1 2 4 4 2 2 4 3 4 4 2 2 2 3 4 2 4 4 2 2 4 2 2 4 4 4 4 2 4 4 4 2 4 4 4 3 3 4 4 4 4 4 4 4 4 4 123 4 4 4 4 4 4 3 4 4 2 4 4 3 4 2 4 4 4 4 4 4 4 4 2 4 4 4 4 4 3 2 4 4 I No I No 1 6 I No I No 1 8 i No I 1 4 1 No I No 1 6 INoINo1 7 1 No I No 1 4 1NoINoj 6 INoiNa16 1NoINo1 6 I No I Yes 1 13 1 No I No 1 6 1 N INo1 5 I No I No 1 5 I No I N 1 8 1No1 1 4 1 Yes 1 1 4 1 No I No 1 4 INoINo1 5 I No I No 1 6 I.NoINo1 6 1No1 17 1NoINo1 4 1 N INoI 6 INoINo1 4 1NoINo1 9 I No I No 1 5 I No I No L 5 INoINo1 4 1NoINo1 4 INolNo1 4 1NoINo1 4 1NoINo1 7 I N oI No 1 4 1 No I No 1 6 INoINo1 6 INo INoI 7 I No I No I No I No I No I No I No 1 No I No I No 1 7 No .1 5 No 1 6 No 1 4 No 1 4 No 1 6 No 1 7 No 1 6 No 1 6 I 6 0 4 1 1 0 0 1 0 0 2 5 6 0 4 4 4 1 3 6 2 4 2 4 1 2 2 1 0 4 4 3 4 1 2 0 7 1 -B 0 4 6 3 6 0 6 0 5 2 4 6 5 6 13 4 0 0 0 0 0 4 3 0 5 0 4 0 6 3 3 3 4 0 0 4 0 4 4 7 0 4 0 4 0 0 4 0 0 1. Yes INo 1 No I Yes I Yea I Yes 0 1 Yes I No I No I Yes I Yes I Yes 0 1 Yes 1 No I No I Yes 1 Yes I Yes 0 1 Yes I No I Yes I Yes I Yes I Yes 0 1 Yes I No I Yes I Yes I Yes I Yes 0 1 Yes (it tie) I No I No (Yes I Yes I Yes 0 1 Yes (if tie)j. No I No 1 Yes I Yes I Yes 0 1 Yes I No I No I Yes I Yes I Yes 0 1 Yes I No I No I Yes I Yes w 0 1 No I No I Yes I No 1. I No 0 1 Yes I No I No I Yes i as I No 1 0 1 Yes (if tie) I No I No I Yes I No I No 0 1 No I No No I Yes I Yes I Yes 0 1 Yes (if 09) 1 No I Yes !Yee I Yes I No 0 1 Yes I No I No 1 Yes I Yes I Yes 0 1 Yes I No I No I Yes Eyes I Yes 0 1 Yes I No I No 1 Yes I Yes I No 0 1 No I No I Yestll Yes i Yes I Yes 0 1 Yes I No I No. I Yes I Yes I Yes 0 1 Yes I No I No I No I Yes I No I 0 1 No INoI INoINoINoi 0 1 Yes I No I No I Yes I Yes I No 0 1 Yes 1 No I No I Yes I Yes I No 0 1 1 I 1 I I 0 1 No I No I Yes I Yes I Yes I Yes 0 1 Yes (if tie) I No I Yes I Yes I Yes I Yes 0 1 Yes (if lie) I No I Yes I No I No I No 0 1 Yes I No I No I Yes I Yes I Yes 0 1 Yes I No I No 1 Yes 1 Yes I Yes I I 0 1 Yes (if tieLl No I No I I I I Yes I No I Yes 0 1 Yes (if tie) I No 1 No I Yes I Yes I Yes 0 1 No I No 1 Yes I Yes I Yes I Yes 0 1 Yes I No I No I Yes Yes I Yes 0 1 Yes (If tie) I No I Yes I Yes I Yes I No 0 1 Yes i No I No I No i No I No 0 1 No I No I I I' Yes-Xi Yes I Yes f Yes I I I I 0 1 Yes (if Os) I No 1 Yes I No I No I No 0 1 Yes (if tie) No I No I Yes I Yes I No 0 1 Yes _I I No I No I Yes I. es Yes 0 1 Yes I No I No I No IINo I No 0 1 Yes I No I No 1 No I -No I No 0 1 Yes I No I No I Yes I Yes I Yes 0 1 No I No I Yes I Yes Ids I Yes I 0 1 Yes i No I No I Yes I Yes I Yes I Yes 1 No I No I Yes I Yes I No I I I I I I I PE, Pft WV: Elm LT Length of T0I =;111 TL -Term Limb Imo. fmolemented TCS Total Councii"Size n NE L. Number Elected it NE W Number Elected by Ward OTH Other CV Cie* Voles MVP Mayor Has. Veto Power INIT Initlative REF Refeiendutn iY�; I J `.sy( °ly Waseca Wayzata West St. Paul i No 1 I Yes 1 3 2 I 3 4 f No I No 1 1 No I Yes 4 I 6 1 d 0 f 0 1' 1 6 1 0 i Yes I No 1 No I No I Yes 1 Yes PE Primary F bCticha White Beat Lake Widmer I Yes I 4 I 4 I No I No 15 1 I 0 15 1 0 0 I Yes (If tie) t No I t No I No Yea Yes I Yes I Yes 1 Yes LT Lenoth of Term Windom I No I 4 4 I No i No I 1 No I No 1 t) 5 I 0 1 8 1 0 I Yes (if I tie) No I Yes I No I No I No I Yes I yes I yes TL. T etrn Limb Irrq�lerrleMed: Winthrop I Yes 1 4 1 Ward 2, Lame 4 1 No I No 1 6 1 1 2 1 4 1 1 4 1 0_ 0 1 Ye Yes lW Winona orthlnoton i No 1 l F 2 1 4 t 1 No I No 1 5 1 5 1 0 1 0 I No I 1 Yes (If tie) I No I No Yes I Yes I Yes I Yes I Yes i Yes I Yes T S- Total Council 5tze 1 I I I I I I I I NE L- Number Elected-at Lard I I I I NE W Number Elected trf Ward I cv cleric votes MVP Mayor Has Veto Power WIT Initiativ M REF Referendum REC RecaU I eb.15,1375 Faribaui Daily 0 rn ev n c o U n, C B the Faribault ol1RC Action Cauncli Due to the fact that the policy makers and Faribauit members of organization do not for a Better Rice Count ORRCnformed feel the public has be :n property of the work of the charter c the following l we would like to submit rds r statement an election by consideration: It recently has come to our attention that the Faribault Charter Commission will soon be ready to present a new city charter .y for a vote of the people We understand that at this time the er c Ly plans to retain the system c ,uncilmen at large. We also understand t for a that there has been ex un by ward system of eleelecting co cilmen districts. A L. e4 word siio b 1 overnme In a natural strengths of loco g vernmeat Since its appears that the charter commission has resolved most of the other basic questions Inherent ir n designing we that this may a t good city charter n opportune time for the an to take anot l ook As we method of ele city o understand the past work of the charter commission, there is in the proposed charter a movement away f the traditional city commissioner form of government toward a council- administrator type of government. If this is so, then the method of electing councilmen would not be such an integral passive charter rev s on in rder to deal With it. government The basic strength of locol gle overn rn of as compared with outer Of government o the the d irect j responsiveness to le pe op le, the ability t h e Involvement by to deal quickly and peo p le with t problems which local government is k capable of. Local government is It is S. traditionally of a grassroots nature other. closer to the people than any ii g overnment level, and, therefore, forms the foundation of democratic government as we know it in Ame we would urge the This is the reason the charter commission to re, amen before system of electing cit turning the new charier out for a vote. ecting councilmen by a ward system El would tend strongly W reinforce the time when higher leve hei less in the face f reem to be increasingly tutions, it is essential of overwhelming a create a government ttce the future we efficient as poss ible. may expect to have to deal with problems t more and more on a local level. councilmen elected f rom a ward would automatically be more accountable to the' people who elect them than cou e lected at large. Instead of respo n vague generality of voters throughout the c i ty a ward elected councilman Would have to answer for his decisions s wo a specific group of PeoP le encourage councilmen to actively seek the op1mons and needs of their constituents an any issue of pressing importance. .This would be a two -way street. People in a ward also would fin another channel The for participation in government. individual counc of would find himself ombudsman for acting in the cap Y his, c onstituents, in cases where the constituent had a problem with the city. t h e ncer,est ca�nrr the a efficiency would of direct y government, and also be the means of Increased. communication between city government and the people. people at large in the city would find that their. councilman was their direct route to City Rail on matters of legislation. If they felt that they would be able not do something, who make their feelings known to so meone 0 which is as was accountable to them spec This, in t would encourage People to participate in local government more requently and in greater depth. in the long run, Faribault would find a muh larger pool of citizens who are knowledgable abo oyeremencrthan exists problems of local g oday. The advantages of this are obvious: Citizen commit i range Pro blems worst effectively y n on g' !e far more than is done now.. More peop interested in local government would rience, knowledge and mean more expe given any ny given expertise available to the city a Issue. In o e a hann O ful community government find their way of people and hoping Y as a whole dough it alone, the community would be involved in crucial decisions to a far greater degree. The present com missioner f n O f i government has been largely iecent ye ars, and is ev under the city admin arrangement. Councilmen who are not fiil -time commissioners on hav tneithe acky t nor comp administrate their assigned departments and have not done so actively for some time. ears to Since the charter commission app have recognized this fact in formalizing the council- administrator form of,- na t u ral and government; It would see l! the way on beneficial to follow through the idea and go to electing city councilmen, t by wards Nees ti Feb. 15,1975, Faribault Daily News At C not wards An article printed elsewhere on this page presents a rational argument for electing Faribault city councilmen by wards. The ward system has its good points. But we favor election at large, because the ward system also has a major weakness, and the at -large method has just as many, if not more, advantages. The ward system, today's article argues, is more responsive. to peoples' demands than the at -large system. Responsive? Maybe. Able to get things done? No. While the ward system may be "responsive" to a voter's problem, it doesn't guarantee positive action. And positive action not just "responsiveness" is what the voter wants. The ward system forces one councilman to be responsive to the demands of his ward constituency. The remaining councilmen needn't respond to those demands and probably wouldn't, unless the pressured councilman set forth a convincing argument for the remaining four. Let's say, for example, that a L50,000 paving project needs to be done on a street in Ward 1, and Ward I residents overwhelmingly, vocally approve of such action. Residents of Wards 2 -5 would rather spend the $50,000 on minor improvements to a street that cuts through their wards, although they're not very vocal alZout it. .j Under the ward system, the $50,000 would go to wards 2 -5, despite the fact that Ward I residents are the most vocal, and despite the fact that the need for street imp_ rovements is stronger in Ward L Under the at -large system, the $50,000 would go where it's needed to Ward I because the Ward I residents would be pressuring five councilmen, not just one. In essence, the at -large system gives Faribault citizens better- representation by ensuring that major problems are coriecteil, even r if the problem is confined to a single neighborhood. There are other advantages to at -large council elections: For i example, if two good councilmen live in one part of the city, both can be elected at- large, while only one can be elected by wards. And there there are other disadvantages to wards: For example, population growth would necessitate changing ward boundaries, which would encourage gerrymandering,. or drawing illogical V boundaries which would ensure a certain councilman's re- election. Faribault's charter commission will meet sometime within the next two months to di wards vs. at- large. Between now and then, we hope the citizens of Faribault will give the ward vs. at -large concepts ample thought And, when the charter commissioners vote, we hope they vote to' continue the at -large system. ism I R r' August 18, 1998 Carl Walter Charter Commission Chair 6807 Willow Lane No Brooklyn Center Dear Carl: I gathered this information for my benefit out of curiosity, as to the forms of council in other communities. The cities were picked at random not giving it much thought. Many cities gave me ball park numbers in the salary category. All of the cities expressed their positive opinion that Ward or District systems work. Most of them express this was better representation of the voters. Golden Valley expressed they did not need a ward system because they have one school district. Columbia Heights city charter was in the discussion stage of a change. Brooklyn Center at large elections is the same size as a House of Representative seat with the spending limits of $20 $24,000. We discourage good candidates from seeking city office. The area is too large, costly and time consuming. We would benefit from a Ward system by encouraging more people to run for office young and old. The area would be workable for timelyness, less costly, and all voters would have more opportunity to know and communicate with their council member. This would create neighborhood participation. CITY OF OSSEO: 425 -2624 No answer NEW HOPE: 531 -5100 All Members of the council are elected at large. 21,698 Population PLYMOUTH: 531 -5100 Ward System 60,000 Population (4) Council members are elected in Wards Salary $6,000 (2) Council members are elected at large Salary Same (1) Mayor elected at large Salary $8,500 CRYSTAL: 531 -1000 Ward System 23,000 Population (4) Council members elected in the Wards Salary $6,120 (2) Council members elected at large (Sections) I -II and III -IV Salary $6,120 (1) Mayor elected at large Salary $7,956 ROBBINSDALE: 537 -4534 Ward System 14,300 Population (4) Council members elected in the Wards Salary $6,442 (1) Mayor elected at large Salary $8,052 MPLS: Ward System (13 Wards) v 4 BROOKLYN PK: 424 -8000 District System (Similar to Wards) 62,000 Population They break theirs down to East/West/Central Districts BLAINE: 44,000 Population COON RAPIDS: 60,000 Population GOLDEN VALLEY 27,000 Population FRIDLEY: 28,200 Population (2) Council members per district Salary $6,442 (1) Mayor elected at large Salary $8,052 784 -6700 District System (Similar to Wards) They break theirs down into 3 districts (2) Council members per district (1) Mayor elected at large 767 -6493 Ward System (5 Wards) (5) Council members elected in Wards (1) Council member at large (1) Mayor elected at large 593 -3450 At Large System (4) Council members elected at large (1) Mayor elected at large 571 -3450 Ward System (3) Council members elected in the Wards (1) Council Member elected at large (1) Mayor elected at large COLUMBIA HEIGHTS: 782 -2800 At Large System 19,000 Population (4) Council members elected at large (1) Mayor elected at large City Charter Commission is discussing Ward System. I hope you find this information as interesting as I did. Salary $7,476 Salary $10,212 Salary $9,000 Salary $10,500 Salary $12,000 Salary $7,217 Salary $9,640 Salary $6,100 Salary $6,900 Salary $8,400 Salary $6,500 Salary $8,000 Nancy Carlson FUR parkway. are a Va There currently are two vacancies on Interested Recrea Co if Mit flew.. the 15 -member commission. residents are encouraged to apply by July r 31.. Contact City Clerk Sharon Knutson at Charter C Ch air $1*Ar 569 -3300, or man Carl Waiter at 561 -267 or ;n orma- Charter Commission also is look- B 00 t On. The apart -time secretarial assistant- If Ar ea �n.p.Vhlek igfar. interested, call either Knutson or Wolter. place tc (JC L �A I TOC dale Ce open JA j tr Perk of r eWay n a June 24,1998 BROOKLYN CENTER Commmm Nous I -k W *U'l d 1 lo ts', 4pp WI $14.1e OWS -mee 3 pns th at Ins 66gi.n 0 of cit, i public urmatot inset xti.yvarltaes� -40. and Nov 6' 'he street and i .P it 764 Ave �'l 5 �60 lots w4h -.11-2 I r esidential Beaut Ifu! F" 4, w strip wide green W'. U11U.w.m. I TVIFI Wnt-I.— Sthbe.bUt 6tudentq�. do n.1 pay tuition, 7. ro. in �Qonfer*� P� plat creates "T J�szomn This g is, require ors� g, e�.- 41 p9qs to W of the city-i", i. ever brils appreciated! y, 68 01 Shingles .�-'and t*64abai y qines. 1 id. a new: .salary and Omncil ssiow:- a r oinnu.. 60ble are ope neetings� A iasi:year, 1�rooklyrt Center EconOfnic. 0 it hl mission will; meet At 7? p.in Wednesday, D 160m.ent Authority a0qui an d au- r. ti "IAI- rective iiin, 1 1-9- 1 W$6,541; respectively. June 27, at City Hall, 6301 Shingle, Creek .4 6hafike v ise approved at the June Parkway. There .currently are two vacancies on tlae mornber; 0,iftinission. I n bri� I t ited A r si d en ts are e "m V a Co I n u tsan ,m'niedian strip allowing ,right tin Th S P u rns; fr6iw. Super erica an ing fQr a par t tu ne seeretartal -App3- 564 Hohday' station and 6nvP interested, call 4 tlierKnu Onlor,,.A. Aid. ai will 04,1 of the Ovelopi 'enue, .gained .-Ar.. t Coun il meet Roc to.nes ro&. 6,+ in f1bo strip wide green W'. 41 p9qs to W of the city-i", i. 53rd Avenue The city plaits to 3r,oklyn.: Cenlei A oin id. a new: .salary and Omncil ssiow:- a r oinnu.. 9 4110t myo?s an-:: me. et s,.- S��6 -67.. COunoil roem, The .Brooklyn Cent er Charter Com- mission will; meet At 7? p.in Wednesday, 1 W$6,541; respectively. June 27, at City Hall, 6301 Shingle, Creek .4 6hafike v ise approved at the June Parkway. There .currently are two vacancies on tlae mornber; 0,iftinission. I n bri� I t ited A r si d en ts are e "m V a Co I n u tsan ,m'niedian strip allowing ,right tin Th S P u rns; fr6iw. Super erica an ing fQr a par t tu ne seeretartal -App3- 564 Hohday' station and 6nvP interested, call 4 tlierKnu Onlor,,.A. Aid. ai will 04,1 of the Ovelopi 'enue, .gained .-Ar.. t Coun il meet Roc to.nes ro&. City of Brooklyn Center A great place to start. A great place to stay. July 1998 TO: Candidates for Public Office Congratulations on your active participation in local government. As you begin your campaign, I would like to provide you with some information which may be of assistance to you. Enclosed please find a list of the 1998 City Council Members and the 1998 City Council meeting schedule. A City Council agenda will be mailed to you prior to the regularly scheduled Council meetings. A complete agenda is available for review at City Hall. Other items of interest enclosed are a Brooklyn Center City Charter, list of Brooklyn Center Polling Locations, precinct map, memorandum regarding filing affidavit of candidacy, memorandum regarding appearance of name on ballot, challenger (poll watcher) information, campaign financial reporting information, and sign ordinance provisions. Please call me at 569 -3306 with any questions you may have Sincerely, Sharon Knutson, CMC City Clerk Attachments 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall TDD Number (612) 569 -3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer 0 City of Brooklyn Center 1998 City Council Members Mayor Myrna Kragness 3401 63rd Avenue North Brooklyn Center, MN 55429 h 561 -7442 Term of Office 1/1/95 12/31/98 Councilmember Kathleen Carmody 7024 Knox Avenue North Brooklyn Center, MN 55430 h 566 -3114 Term of Office 1/1/95 12/31/98 Councilmember Debra Hilstrom, Acting Mayor Pro Tem 3509 66th Avenue North Brooklyn Center, MN 55429 h 561 -6487 Term of Office 1/1/95 12/31/98 Councilmember Kay Lasman, Mayor Pro Tem 4407 Woodbine Lane Brooklyn Center, MN 55429 h 560 -6689 Term of Office 1/1/97 12/31/2000 Councilmember Robert Peppe 6407 Camden Avenue North, #309 Brooklyn Center, MN 55430 h 561 -2874 Term of Office 1/l/97 12/31/2000 4 4 City of Brooklyn Center 1998 City Council Meeting Schedule Informal Open Forum with City Council begins at 6:45 p.m. in Conference Room B (B) Regular Session City Council Business meeting begins at 7:00 p.m. in Council Chambers (CC) JANUARY 12 Open Forum, 6:45 p.m. (B) 12 Regular Session, 7 p.m. (CC) 20 (Tues) Work Session, 7 p.m. (B) 26 Open Forum, 6:45 p.m. (B) 26 Regular Session, 7 p.m. (CC) JULY 13 Open Forum, 6:45 p.m. (B) 13 Regular Session, 7 p.m. (CC) 27 Open Forum, 6:45 p.m. (B) 27 Regular Session, 7 p.m. (CC) FEBRUARY 9 Open Forum, 6:45 p.m. (B) 9 Regular Session, 7 p.m. (CC) 23 Open Forum, 6:45 p.m. (B) 23 Regular Session, 7 p.m. (CC) 27 Council Retreat, 12 p.m. (EBHC) MARCH 9 Open Forum, 6:45 p.m. (B) 9 Regular Session, 7 p.m. (CC) 16 Work Session, 7 p.m. (B) 23 Open Forum, 6:45 p.m. (B) 23 Regular Session, 7 p.m. (CC) APRIL 13 Open Forum, 6:45 p.m. (B) 13 Regular Session, 7 p.m. (CC) 27 Open Forum, 6:45 p.m. (B) 27 Regular Session, 7 p.m. (CC) MAY 4 Board of Equalization, 7 p.m. (CC) 11 Open Forum, 6:45 p.m. (B) 11 Regular Session, 7 p.m. (CC) 26 Open Forum, 6:45 p.m. (B) 26 (Tues) Regular Session, 7 p.m. (CC) JUNE 8 Open Forum, 6:45 p.m. (B) 8 Regular Session, 7 p.m (CC) 22 Open Forum, 6:45 p.m. (B) 22 Regular Session, 7 p.m. (CC) AUGUST 10 Open Forum, 6:45 p.m. (B) 10 Regular Session, 7 p.m. (CC) 24 Open Forum, 6:45 p.m. (B) 24 Regular Session, 7 p.m. (CC) SEPTEMBER 14 Open Forum, 6:45 p.m. (B) 14 Regular Session, 7 p.m. (CC) 16 Canvass Election Results, 5 p.m. (CC) 28 Open Forum, 6:45 p.m. (B) 28 Regular Session, 7 p.m. (CC) OCTOBER 13 Open Forum, 6:45 p.m. (B) 13 (Tues) Regular Session, 7 p.m. (CC) 26 Open Forum, 6:45 p.m. (B) 26 Regular Session, 7 p.m. (CC) NOVEMBER 4 Canvass Election Results, 5 p.m. (CC) 9 Open Forum, 6:45 p.m. (B) 9 Regular Session, 7 p.m. (CC) 23 Open Forum, 6:45 p.m. (B) 23 Regular Session, 7 p.m. (C) DECEMBER 14 Open Forum, 6:45 p.m. (B) 14 Regular Session, 7 p.m. (CC) All dates are subject to change. Call City Hall at 569 -3300 to verify dates and times. s. S BR OOKLYN CENTER POLLING LOCATIONS Precinct 1 Lutheran Church of the Triune God 5827 Humboldt Avenue North Precinct 2 Earle Brown Elementary School 5900 Humboldt Avenue North Precinct 3 Evergreen Park Elementary School 7020 Dupont Avenue North Precinct 4 Willow Lane Elementary School 7020 Perry Avenue North Precinct 5 Orchard Lane Elementary School 6201 Noble Avenue North Precinct 6 Garden City Elementary School 3501 65th Avenue North Precinct 7 Cross of Glory Lutheran Church 5929 Brooklyn Boulevard Precinct 8 Northport Elementary School 5421 Brooklyn Boulevard BROOKLYN PARK BORDER s a 3 T a s Q= Z 69TH AVE. N. 69TH AVE. N. W 6 S r.. 1.94 Pp o 5 Off Z CND 11- 9 m W 110 'a* qy 66TH AVE N. x 53RD AVE N. c '9 V y 0 m 61 ST AVE. N. y W Q 2 58TH AVE. N. S 58TH AVE. N. 4 a m J V X H Z Y W U m W x W X ROBBINSDALE BORDER 1 53RD AVE. N. City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Candidates for Public Office FROM: Sharon Knutson, City Clerk DATE: July 1998 SUBJECT: FILING AFFIDAVIT OF CANDIDACY Qualifications for Filing Affidavit of Candidacy Affidavits of Candidacy for municipal office are obtained from and filed with the City Clerk. An affidavit of candidacy shall state the name of the office sought and shall state that the candidate: a. Is an eligible voter b. has no other affidavit on file as a candidate for any office at the same primary or next ensuing general election; and C. is, or will be on assuming office, 21 years of age or more, and will have maintained residence in Brooklyn Center for 30 days before the general election (MS 204B.06, subd. 1). "eligible voter" as defined in MS 201.014, subd. 1 is an individual who meets the following requirements at the time of an election: a. be 18 years of age or older; b. be a citizen of the United States; and C. maintain residence in Minnesota for 20 days immediately preceding the election. Withdrawal from Election A candidate for a municipal elective office may withdraw from the election by filing an affidavit of withdrawal with the City Clerk by 12 o'clock noon of the day after the last day for filing affidavits of candidacy. Thereafter, no candidate may file an affidavit of withdrawal (MS 205.13, subd. 6). 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall TDD Number (612) 569 -3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center A great place to start. A great place to stay. 1 TI TO: Candidates for Public Office FROM: Sharon Knutson, City Clerk Q�,'1QIl i�n.r�X DATE: July 1998 SUBJECT: APPEARANCE OF NAME ON BALLOT The placement of a candidate's name on the ballot is regulated under Brooklyn Center City Charter, Minnesota State. Statutes, and Secretary of State Rules. Brooklyn Center has traditionally designated the initial order for placement of names on the ballot by filing order, with Hennepin County rotating the names in the precincts. For 1998, however, the Secretary of State Rules have been amended in regard to the initial order of a candidate's name on the ballot. The City must determine the initial order of the candidates' names by lot, and then submit the order to Hennepin County to initiate the rotation method. On Wednesday, July 22, 1998, at 2 p.m. in the City Hall Council Chambers, the City Clerk will determine the initial order for base rotation by lot (drawing names from a container). This drawing is open to the public, and you are invited to attend. Ref: Section 4.04 Brooklyn Center City Charter Minnesota State Statutes 204D.04, Subd. 2 Minnesota State Statutes 204D.07, Subd. 1 Minnesota State Statutes 204D.08, Subd.'3 Minnesota State Statutes 205.13, Subd. 1 Minnesota State Statutes 205.17, Subd. 1 Secretary of State Rules 8220.0825, Subp. 1, 2, 3 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall TDD Number (612) 569 -3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer 4 City of Brooklyn Center CHALLE (POLL WATCHER) MS204C.06 Challengers (Poll Watchers) may observe the conduct of the election Subd 2 before, during, and after the polls close. 1. A challenger (poll watcher) must have a written certificate signed by: MS204C.07 a. Chairperson of an authorized committee of a political party if Subd 1 partisan offices are to be filled only one challenger from each major political parry may be in the polling place at any one time Subd 2 b. Non partisan candidate only one challenger for each candidate may be in the polling place at any one time [note, however, that the candidate cannot list himself/herself as a challenger (poll watcher)] Subd 3 c. Mayor of the municipality where a City question is to be voted on one challenger per precinct may be in the polling place at any one time 8200.5200 2. A challenger (poll watcher) may not vouch for a voter's residency. MS204C.07 3. A challenger (poll watcher) may not: Subd 4 a. handle, inspect, or damage registration cards, lists, ballots, or election materials b. prepare in any manner any list of individuals who have or have not voted c. attempt to influence voting in any manner d. converse with a voter except to determine, in the presence of an election judge, whether the voter is eligible to vote in the precinct e. interfere with the official duties of an election judge City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Candidates for Public Office FROM: Sharon Knutson, City Clerk 5�"-Yvv� DATE: July 1998 SUBJECT: CAMPAIGN FINANCING REPORTS Please be advised that candidates filing for municipal office and committees acting to influence the nomination, election, or defeat of a candidate are required to file a campaign financial report with the city clerk within 14 days after the candidate or committee receives or makes disbursements of more than $750 in a calendar year. In a year when the candidate's name appears on the ballot, additional reports are due as follows: -10 days before the primary or special primary election -10 days before the general or special election -30 days after a general or special election -by January 31 of each year following the year when the initial report was filed A final report may be filed any time after the candidate or committee has settled all debts and disposed of all assets in excess of $100. The certification of filing must be submitted to the city clerk no later than seven days after the general or special election. Attached is a copy of Minnesota Statutes Chapter 211A, Campaign Financial Reports, and Chapter 211B, Fair Campaign Practices, five campaign financial reports, and one campaign financial report certification of filing. If you have any questions regarding this, please give me a call at 569 -3306. Attachments 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall TDD Number (612) 569 -3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer District Type of report Candidate report Period of time covered by report: Campaign committee report Association or corporation report Final report from to CAMPAIGN FINANCIAL REPORT (A# of the information in this report is public information) Name of candidate, committee, or corporation Office sought or ballot question CONTRIBUTIONS RECEIVED Give the total for all contributions received during the period of time covered by this report. Contributions should be listed by type (money or in -kind) rather than contributor. '(See note on contribution limits on the back of this cc form. Use a separate sheet to itemize all contributions from a single source that are equal to or greater than $500 during the calendar year.) CASH IN -KIND TOTAL AMOUNT RECEIVED a� U O EXPENDITURES Include every disbursement made for a political purpose during period of time covered by report. Attach addi- tional sheets if necessary. Date I Purpose I Amount I I I TOTAL I I CORPORATE PROJECT EXPENDITURES M E CZ Z w c O O N 7 d V 'v= 0 0 LL Corporations must list any media project or corporate message project for which contribution(s) or expenditure(s) total more than $200. Submit a separate report for each project. Attach additional sheets if necessary. Project title or description Date Purpose Name and Address Expenditure or of Recipient Condition Amount I certify that this is a full and true statement. Address FINRPT Rev. 6/98 Signature I TOTAL I Date CAMPAIGN FINANCIAL REPORT CERTIFICATION OF FILING Each county, municipal or school district candidate or treasurer of a committee formed to promote or defeat a ballot questions shall certify to the filing officer that all reports required by Minnesota Statutes 211/1.02 have been submitted to the filing officer or that the candi- date or committee has not received contributions or made disbursements exceeding $750 in the calendar year. The certification shall be submitted to the filing officer not later than seven days after the general or special election. (Minnesota Statutes 211A.05, subdivision 1) Name of candidate or committee Office sought by candidate (if applicable) or Identification of ballot question Check the appropriate box below: I do swear (or affirm) that all campaign financial reports required by Minnesota Statutes 211 A.02 have been submitted to the filing officer. 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A great place to stay. MEMORANDUM TO: Candidates for Public Office FROM: Sharon Knutson, City Clerk �s 1 Cl1L�*M'W. DATE: July 1998 SUBJECT: Mn/DOT Regulations The Minnesota Department of Transportation has requested cities to remind candidates about some State laws related to the placement of campaign signs. Minnesota Statutes 160.27 prohibits placing, painting, printing, or affixing advertisements on any object within the limits of any highway in Minnesota. In addition, the Minnesota Outdoor Advertising Control Act (Minnesota Statute 173.15) stipulates that no advertising devices can be erected or maintained on trees, shrubs, or drawn on rocks or other natural features, or placed on utility poles. The Act also requires obtaining permission from landowners when signs are placed on private property. District Mn/DOT offices may be contacted at 296 -3000 for help when signs are placed in areas where the specific right of way limits cannot be clearly identified. If improperly placed, signs are removed by department employees. Mn/DOT will store the signs temporarily and, when possible, notify the candidate so the signs can be retrieved. Mn/DOT thanks you for your cooperation and wishes you good luck in your campaign. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall TDD Number (612) 569 -3300 Recreation and Community Center Phone TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer #NN HESO, Minnesota Department of Transportation Transportation Building 395 John Ireland Boulevard T OF Saint Paul, Minnesota 55155 May 18, 1994 Dear Candidate for Elective Office, Congratulations on your active participation in the electoral process. As you begin your campaign, I'd like to remind you about some state laws related to the placement of campaign signs. Minnesota Statutes 160.27 prohibits placing, painting, printing, or affixing advertisements on any ob'ect within the limas of any highway in Minnesota. In addition, the Minnesota Outdoor Advertising Control Act (Minnesota Statute 173.15) stipulates that no advertising devices can be erected or maintained on trees, shrubs, or drawn on rocks or other natural features, or placed on utility poles. The act also requires obtaining permission from landowners when signs are placed on private property. Because political campaign workers may not be familiar with these laws, I ask your help to distribute this information to your campaign staff. These laws promote safety for motorists and care for the visual environment. District Mn/DOT offices may be contacted for help when sins are placed in areas where the specific right of way limits cannot be clearly identified. If improperly placed, sins are removed by department employees. We will store the signs temporarily and, when possible, notify the candidate so the signs can be retrieved. For the number of the district permits office that can help you with questions about sign placement, please call the Mn/DOT Information Center at 296 -3000 in the Twin Cities or 1- 800 657 -3994 in Greater Minnesota. Please help us by following the state statutes. Thank you for your cooperation and good luck with your campaign. Sincerely, o es Denn oner An Equal Opportunity EmpUrver CAMPAIGN FINANCIAL REPORTING AND FAIR CAMPAIGN PRACTICES Minnesota Statutes Chapter 211 A and 211 B including related laws and summary Secretary of State Election Division 180 State Office Building 100 Constitution Avenue St. Paul, MN 55155 -1299 (612)215 -1440 TDD: (612)297 -5353 Web site: www.sos.state.mn.us I 199$ Minnesota Campaign Manual PREFACE State law requires the Secretary of State to publish an easily understandable annotated digest of Chapters 211 A and 211 B of our statutes. This booklet contains the required digest. The text of Chapters 211A and 211 B and annota- tions to these chapters and to former Chapter 210A, known as the Fair Campaign Practices Act, which had some provisions comparable to 21 IA and 21113. The 210A annotations are provided because the recently enacted Chapters 211 A and 211 B have not yet been fully construed. The annotations to Chapter 210A may, in some instances, provide guidance for interpretation of the new chapters. Chapter 211A generally regulates campaign reporting requirements of candidates and committees support- ing county, municipal, school district or other political subdivision candidates for office and questions. Candi- dates and committees supporting candidates for judicial office are not regulated by Chapter 21 IA. Chapter 211 B regulates a variety of campaign practices and applies to all federal, state and local candi- dates, except for President and Vice President, and committees supporting them. It also regulates the activities of committees formed to promote or oppose ballot questions and proposed constitutional amendments. Campaign finances and certain disclosures of candidates for state constitutional, state legislative, and judicial offices and committees formed to promote or oppose constitutional amendments are regulated by Chapter l0A of our statutes and administered by the Minnesota Campaign Finance and Public Disclosure Board, Ist Floor S., Centennial Office Bldg., 658 Cedar St., St. Paul, Minnesota 55155, (612)296 -5148. Campaign financing and certain disclosures of candidates for federal office (United States President and Vice President, United States Senator, and United States Representative) are regulated by state and federal law. Copies of federal disclosure reports, except for President and Vice President, are filed with the Secretary of State, and Minnesota accepts these reports instead of the reports required by Chapter 211A. The Federal Elec- tion Commission (FEC), 999 E StreetN. W., Washington, D. C. 20463, administers the federal laws. The commission has a toll free information line: (800 )424 -9530. The web site address is www.fec.gov, where you may look at reports that are filed at the FEC within 48 hours after the report has been filed. For Hennepin County offices, the cities of Bloomington and Minneapolis, and the Minneapolis schools, Minnesota Statutes, Section 383B.041 -.058 regulates campaign finance reporting and disclosure. For further information, please contact the Hennepin County Election and Voter Registration Department, A -603 Govern- ment Center, 300 S. 6th St., Minneapolis, MN 55487, (612)348 -5151. NOTES AND DECISIONS The Notes and Decisions briefly summarize judicial decisions and Attorney General interpretations of Minnesota Election Law. However, the summaries are not intended to modify any statutory provision. Some of the Notes and Decisions summarize interpretations of prior versions of a statute that may not apply to the current version. 1998 Minnesota Campaign Manual TABLE OF CONTENTS PREFACE 2 INTRODUCTION 5 SUMMARY OF CHAPTER 211A- CAMPAIGN FINANCIAL REPORTING 5 SUMMARY OF CHAPTER 211B -FAIR CAMPAIGN PRACTICES 6 Solicitationof Contributions 6 CorporateContributions 6 Regulation of Expenditures 7 Advertising and Literature Requirements 8 Improperly Influencing Voters 8 ElectionDay Activities 9 Violationsof Chapter 211 B 9 CHAPTER 211A CAMPAIGN FINANCIAL REPORTING .............................10 211A.01 Definitions 211A.02 Financial Report 211A.03 Final Report 211A.04 Secretary of State's Duties .............................11 211 A.05 Failure to File Statement 211A.06 Failure to Keep Account; Penalty .............................12 211A.07 Bills When Rendered and Paid .............................12 211 A.08 County Attorney inquiry 211A.09 Forfeiture ofNomination of Office .............................12 211A.10 Disqualified Individuals Not to Hold Various Positions ..........13 211A.11 Penalties for Violations 211A.12 Contribution Limits 211A.13 Prohibited Transfers 211A.14 Contributions and Solicitations During Legislative Session .............................14 CHAPTER 211B FAIR CAMPAIGN PRACTICES .............................14 2118.01 Definitions 211B.02 False Claim of Support 211B.03 Use of the Term Reelect 211B.04 Campaign Literature Must Include Disclaimer .......15 21113.045 Noncommercial Signs Exemptions ...15 211B.05 Paid Advertisements in News 2118.06 False Political and Campaign Material; Penalty; Exceptions .................16 211 B.07 Undue Influence on Voter 211 B.08 Solicitation of Contributions Prohibited 211 B.09 Prohibited Public Employee Activities 211 8.10 Inducing or Refraining Candidacy; Time Off for Public Office Meetings .............................17 3 1998 Minnesota Campaign Manual 21113.11 Election Day Prohibitions 23 21113.12 Legal Expenditures 24 21113.13 21113.14 21113.15 Bn'bety, Treating, and Solicitation Digest of Laws Corporate Political Contributions 20 21113.16 21113.17 21113.18 21113.19 County Attorney Inquiry; Associate Counsel Forfeiture oflyTomination or Office; Circumstances Where Not Forfeited Disqualified Candidate Notto Hold Various Positions Penalties for Violation 21 22 22 22 21113.20 21113.21 Denial of Access by Political Candidates to Multiple Unit Dwellings Applicability 23 RELATED LAWS SELECTED PROVISIONS 10A.01 Definitions 23 10A.20 Campaign Reports 24 10A.22 Reports and Statements 26 160.27 Particular Uses of Right -of -Way; Misdemeanors 27 204C.06 Conduct in and Near Polling Places 27 204C.35 Legislative and Judicial Races 204C.36 Recounts in County, School District and Municipal Elections 29 209.02 Contestant; Grounds 209.021 Notice of Contest 30 CAMPAIGN FINANCIAL REPORT FORM ...........................back cover Indicates new or amended sections that were added or changed by the Legislature in 1398. If you have any questions, please contact the Secretary of State, Election Division at the address and phone number on the front cover, or the following internet address: elections@sos.stat"nn. us. 199$ Minnesota Campaign Manual PART I SUMMARY AND ANNOTATIONS INTRODUCTION This section provides, an easily understandable digest of Chapters 211 A and 211 B. As a digest, it should not be used as a substitute for the requirements imposed by the text of Chapters 211 A and 211 B, which are reproduced in this booklet. CAMPAIGN FINANCIAL REPORTING CHAPTER 211 A Chapter 211A generally regulates campaign contribution limits and campaign finance reporting of candi- dates for county, municipal, school district or other political subdivision offices, excluding judicial offices. This chapter also applies to committees acting to influence the nomination, election or defeat of a candidate or to promote or defeat a proposition to be voted on in any political subdivision. The maximum aggregate campaign finance contribution under M.S. 211A.12 that can be accepted ranges, with certain exceptions, from $100 to $500, depending on whether made during an election year and the population of the territory in which the office is sought. However, contributions from certain political committees may not be accepted under M.S. 21 IA. 13. Candidates and committees must file according to M.S. 211A.02 a financial report: (I) within 14 days after receiving contributions or making disbursements of more than $750 in a calendar year and (2) by January 31 of each year following the year when the initial report was filed. In addition, in a year when the candidate's name or a ballot question appears on the ballot, a report must be filed: (1) ten days before the primary or special primary; (2) ten days before the general election or special election; and (3) thirty days after a general or special election. A final report maybe filed at anytime after all debts have been settled and all assets in excess of $100 in the aggregate are disposed o£ Candidates and committees file reports with the filing officer. Committees organized to promote or defeat ballot questions not voted on by all voters of the state are required to file reports with the officer authorized by law to place a question on the ballot. The financial reports must include the total amount of receipts and expenditures for the period from the last previous report to five days before the current report is due, the purpose for each expenditure and the name of any individual or committee that during the year has made one or more contributions that are in the aggregate $500 or more. Blank reporting forms are available from the county auditor. For municipal elections, these reporting requirements are in addition to municipal charter reporting provi- sions and county special laws. The reporting requirements do not replace special laws providing reporting requirements for a municipality. M.S. 211A.02, subd. 3. Federal laws set out reporting requirements for federal campaigns. The Federal Election Commission, not the Secretary of State, administers the federal laws. Reports on campaigns for the U.S. House and Senate must be submitted to the Secretary of State, and the reports required by federal laws may be used to satisfy the state requirement. M.S. 21 IA. 02, subd. 4. A candidate who intentionally fails to file a required report, a committee that fails to file a required report, and an officer who issues a certificate of election to a candidate knowing that the candidate has not filed a financial statement are subject to a misdemeanor penalty. In addition, a winning candidate who violates Chapter 21 IA is subject to forfeiture of the nomination or office under certain circumstances. M.S. 211A.09. A county attorney, upon notification by a filing officer that a required report has not been filed, must notify the appropriate candidate or committee of the failure to file. If the required report is not filed within ten days after notification is mailed, the county attorney is required to promptly investigate and prosecute the alleged 5 1"S Minnesota Campaign Manua{ offender, if there is probable cause to do so. Anyone, except the person under investigation or the person's agent, may employ an attorney to assist the county attorney in investigating or prosecuting violations of Chapter 211A. A prosecution may not be dis- missed without prior notice to the attorney, who shall be recognized as associate counsel. M.S. 211A.08, subd. 2. A candidate whose election has been set aside because of ,a violation of Chapter 21 IA may not be ap- pointed to fill the resulting vacancy during the term of the office sought. Any person convicted of a violation of Chapter 211A may not be appointed to fill a vacancy in the office during the term of the office for which the election was held and is not qualified to fill a vacancy in any office for which the legislature may establish qualifications under Article XII, Section 3, of the Minnesota Constitution. M.S. 211A.10. Any person who receives money for a committee is subject to a misdemeanor penalty for failing to keep a correct account as required by law or mutilating, defacing or destroying an account record, if any of these acts are done with the intent to conceal certain information. M.S. 211 A.06. A person who has a bill, charge or claim against a committee must render it in writing to the committee within 60 days after the material or service is provided. Payment is prohibited on a bill, charge or claim pre- sented after 60 days. M.S. 211 A.07. CAMPAIGN PRACTICES CHAPTER 211 B Chapter 21113 regulates a variety of campaign practices and applies to all federal. state and local candi- dates, except candidates for president and vice- president. Judicial and school district candidates are covered by Chapter 21113. It also regulates committees acting to influence the nomination, election or defeat of a covered candidate or to promote or defeat a ballot question. SOLICITATION OF CONTRIBUTIONS M.S. 211B.08 generally prohibits a religious, charitable or educational organization from soliciting a contribution from a candidate or committee. It does not apply to certain business advertisements, regular pay- ments by a candidate to an organization to which he was a member or contributor for more than six months before candidacy or ordinary contributions at church services. It is also illegal for a person to knowingly solicit, receive or accept any money, property or other thing of monetary value that is a disbursement prohibited by certain sections of Chapter 21113. M.S. 21113.13, subd. 2. CORPORATE CONTRIBUTIONS M.S. 211B.15 prohibits defined corporations from directly or indirectly contributing anything of monetary value to a major political party, organization, committee, or individual to promote or defeat the candidacy of an individual for nomination, election or appointment to a political office. Corporations may make contributions or expenditures to promote or defeat a ballot question, to place a question on the ballot or to express its views on issues of public concern. Corporations may contribute to or conduct public media projects to encourage individuals to attend pre- cinct caucuses, register or vote, providing the projects are not controlled by or operated for the advantage of any candidate, political party or committee. Corporations may provide meeting facilities for committees, political parties or candidates on a nondiscriminatory and nonpreferential basis. Corporations selling products or ser- vices to the public may post notices on their public premises promoting participation in the precinct caucuses, voter registration or voting, provided these messages are not controlled or operated for the advantage of any candidate, political party or committee. In connection with permitted media projects and posted notices, the total amount of any expenditure or contribution or any project which exceeds $200 must be reported to the Secretary of State, together with the T 1998 Minnesota Campaign Manual date, purpose and names and addresses of the persons receiving the contribution or expenditures. The reports must be filed on a form provided by the Secretary of State on the dates required for committees to file financial reports. REGULATION OF EXPENDITURES Spending limitations amount. Chapter 211B does not limit the amount of campaign spending. Spending limitations purpose. The law limits the purpose for which candidates and committees may spend money. The permitted purposes, which are set forth in M.S. 211B.1.2, include salaries, communications, campaign advertising, printing, office space and equipment, a limited amount of charitable contributions and other ex- penses related to the conduct of election campaigns. To give or promise to give any thing of monetary value to any person for the purpose of inducing a voter to refrain from voting or to vote in a particular way is a felony. An exception is made for refreshments of food and nonalcoholic beverages of nominal value consumed on the premises at a private gathering or public meetings. M.S. 211B.13, subd. 1. Whether an item constitutes a "thing of value" is discussed in an opinion of the Attorney General which states (Op. Atty. Gen. 627f -1, April 25, 1938): W)hether packets or books of matches are things of value ...involves a question of fact which this office has no authority to determine." "We may say, however, that if such articles have any material value for any purpose other than simply as a medium for carrying advertising matter, they come under the ban of the statute." "This office has expressed the opinion that if a person distributes, in an election campaign, articles which may possibly have some value other than as an advertising medium, such as packets or books of matches, relying on the belief that their value is so slight that they will not be considered a "thing of value such person must take the chance of having the legality of so doing questioned in a criminal prosecution or an election contest." Here are some decisions and other opinions relating to a similar prior statute: The purpose of influencing voters is the poison which the Fair Campaign Practice Act is aimed at, and in the absence of such purpose, a gift is not considered to be a violation of the act. (Engelbert v. Tuttle, 185 Minn. 608, 242 N.W. 425). Where a gift won at a church bazaar by a candidate's wife was later returned to the church treasury and no publicity was given to the returning of this gift, the court said that no intent to influence voters could be found. (Engelbert v. Tuttle, supra). Where a candidate attended showers for friends and presented gifts that were similar with respect to the character and cost of those given by other invited guests, the court said that the giving of such gifts could not be considered as an act done with intent to influence voters. (Engelbert v. Tuttle, supra). A candidate furnished drinks of liquor to voters and at the same time asked them to vote for him. The court said that a candidate for public office who, during his campaign, solicits the vote of an elector and at the same time gives him intoxicating liquor, brings himself clearly within the prohibition of the statute. A contention that such acts on the part of a candidate amounted to mere hospitality or that they were trivial and unimportant cannot be sustained. (Miller v. Maier, 136 Minn. 231, 161 N.W. 513). it is not legal for a candidate to give away cigars in the election room while the polls are open. (Op. Atty. Gen. 627f -1, March 20, 1917). The distribution by a candidate of free tickets to a county fair admitting children under 12 years of age free is a violation of this section. (Op. Atty. Gen. 627f -1 June 3, 1930). 7 r 199$ Minnesota Campaign Manual ADVERTISING AND LITERATURE REQUIREMENTS Certain printed material written or distributed by a candidate or committee is subject to the section on false politi- cal and campaign material. M.S. 2118.06. Under that section, a person who intentionally participates in the prepara- tion, dissemination or broadcast of paid political advertising or campaign material with respect to the personal or politi- cal character or acts of a candidate which is designed or tends to elect, promote, defeat or injure any candidate is guilty of a gross misdemeanor if the person knows it is false or communicates to others with reckless disregard of whether it is false. The provision also applies to literature, advertising or campaign material with respect to the effect of a ballot question. A person who intentionally participates in drafting a letter to the editor known to be false concerning the personal or political character of a candidate or acts of a candidate, if defamatory, or the effect of a ballot question may under certain circumstances be subject to a misdemeanor penalty. This statute does not apply to a person or orgamza- tion whose sole act is, in the normal course of their business, to print, manufacture or disseminate false information. Advertisements. M.S. 211 B.05 requires every advertisement in a newspaper, periodical or magazine to include the words "PAID ADVERTISEMENT." Radio, television and cable systems have similar requirements. The amount charged for the advertisement must be the same as for any other political candidate and no greater than charges for comparable purposes. The name of the candidate and the committee that prepared and paid for the advertisement must be included at the beginning or end of the advertisement. M.S. 211B.05, subd. 3, prohibits any employee of a newspaper, periodical, magazine or broadcaster from soliciting or receiving any payment or promise of payment for influencing or attempting to influence voting through printed or broadcast matter except as a paid advertisement. Other printed literature. Printed matter other than newspaper advertisements are subject to similar requirements. M.S. 2118.04 requires that the name and address of the person or committee causing the material to be prepared or disseminated appear prominently on the material. This provision does not apply to objects stating only the candidate's name and the office sought, fundraising tickets, or personal letters that are clearly being sent by the candidate. In addition, it does not apply to individuals acting independently and spending less than $300 of their own resources for campaign material produced or distributed at least 14 days before the election. IMPROPERLY INFLUENCING VOTERS Bribery. As stated previously, there is a prohibition against giving any thing of monetary value to any person for the purpose of influencing that person's vote. M.S. 211B.13. Threats, force, undue influence. M.S. 211B.07 makes, it illegal for any person to threaten, coerce or unduly influence another in order to compel another to vote for or against a candidate or ballot question. Promise appointments. No person, in order to promote a candidate's nomination or election, may di- rectly or indirectly promise to appoint or employ another person. M.S. 211B.13, subd. 1. This statute does not prohibit a candidate from publicly expressing a preference for any other candidate to be voted on at the same primary or election. Influencing others. A person may not make any direct or indirect threat of harm, economic reprisal or certain other threats against an individual to vote for or against a candidate or ballot question. M.S. 211B.07. Transporting voters. Under M.S. 211B.11, subd. 3, it is illegal for a person transporting a voter to the polls to induce or persuade a voter to vote or refrain from voting for a candidate or ballot question. Influencing a person's candidacy. M.S. 21113. 10, subd. 1, forbids the use of any promise or reward to induce a person to become a candidate, refrain from being a candidate or cease being a candidate. False claim of party support. No person shall knowingly falsely claim or imply that a candidate has the support or endorsement of a major political party or party unit of an organization. M.S. 21113.02. Use of "reelect." A person may not, in the event of redistricting, use the term "reelect" in a campaign for elective office unless the candidate is the incumbent of that office and the office represents any part of the new district. M.S. 21113.03. Campaigning in multiple -unit dwellings. Candidates with or without their workers may not be denied access to multiple -unit dwellings to campaign. A resident may deny admittance to his or her dwelling, identifi- 1998 Minnesota Campaign Manual cation may be required, visits to certain persons may be denied for health reasons, limits may be put on hours and numbers of campaigners, appointments may be required and campaigners may be denied admittance or expelled for good cause. A violation of this section is a petty misdemeanor. M.S. 211B.20. ELECTION DAY ACTIVITIES It is not illegal to campaign on election day, but it is illegal, on election day, to: Seek to induce or persuade any voter to vote in a certain way or refrain from voting within 100 feet of the building in which a polling place is situated, M.S. 211B.11, subd. 1; Wear any political badge, insignia or button at or about the polls or provide any such badge, insignia or button. M.S. 211B.11, subd. 1. VIOLATIONS OF CHAPTER 211 B Violations of Chapter 211B entail criminal penalties. A conviction on criminal charges for violating its provisions may forfeit a winner's nomination or election. In addition to these penalties, the violator, if he has won the election, is prohibited from being appointed to the office sought during the term of the office with respect to which the election was held. M.S. 211B.16 requires that a county attorney who is notified of an alleged violation of Chapter 211B must promptly investigate and, if there is probable cause to prosecute, proceed by complaint or by presenting evi- dence to the grand jury. Any citizen, other than the person under investigation or the person's agent, may employ an attorney to assist the county attorney. This assistant, recognized as associate counsel, must be notified before any action is dismissed. If the associate counsel objects to dismissal, a court must hear the county attorney's reasons for favoring dismissal and the associate counsel's reasons for objecting to dismissal. Penalties. Unless otherwise stated, the penalty for violating Chapter 211B is a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $700, or both. M.S. 211B.19. In addition the person convicted may forfeit the nomination or office. M.S. 211B.17, subd. 1. The convicted person may not be appointed to fill a vacancy in the office for which election was sought and is not qualified to fill a va- cancy in any office for which the legislature may establish qualifications under Minn. Const. art. XII, 3. M.S. 211B.17. The prohibition on holding office does not limit the ability of each house of the legislature to judge the election returns and eligibility of its own members. Circumstances where nomination or election not forfeited. M.S. 211B.17, subd. 2, sets forth certain situations in which the nomination or election of the candidate shall not be set aside as a penalty for violating Chapter 211 B. 0 1998 Minnesota Campaign Manual CHAPTER 211 A CAMPAIGN FINANCIAL REPORTING 211A.01 DEFINITIONS. Subdivision 1. Application. The definitions in chapter 200 and this section apply to this chapter. Subd. 2. Ballot question. "Ballot question" means a proposition placed on the ballot to be voted on by the voters of one or more political subdivisions but not by all the voters of the state. Subd. 3. Candidate. "Candidate" means an individual who seeks nomination or election to a county, municipal, school district, or other political subdivision office. This definition does not include an individual seeking a judicial office. For purposes of sections 211A.01 to 211A.05 and 211A.07, "candidate" also includes a candidate for the United States Senate or House of Representatives. Subd. 4. Committee. "Committee" means a corporation or association or persons acting together to influence the nomination, election, or defeat of a candidate or to promote or defeat a ballot question. Promoting or defeating a ballot question includes efforts to qualify or prevent a proposition from qualifying for placement on the ballot. Subd. 5. Contribution. "Contribution" means anything of monetary value that is given or loaned to a candidate or committee for a political purpose. "Contribution" does not include a service provided without compensation by an individual. Subd. 6. Disbursement. "Disbursement' means money, property, office, position, or any other thing of value that passes or is directly or indirectly conveyed, given, promised, paid, expended, pledged, contributed, or lent. "Disbursement' does not include payment by a county, municipality, school district, or other political subdivision for election- related expenditures required or authorized by law. Subd. 7. Filing officer. "Filing officer" means the officer authorized by law to accept affidavits of candi- dacy or nominating petitions for an office or the officer authorized by law to place a ballot question on the ballot. Subd. 8. Political purposes. An act is done for "political purposes" if it is of a nature, done with the intent, or done in a way to influence or tend to influence, directly or indirectly, voting at a primary or an elec- tion or if it is done because a person is about to vote, has voted, or has refrained from voting at a primary or an election. History: 1988 c 578 art 2 s 1; 1990 c 453 s 22 211A.02 FINANCIAL REPORT. Subdivision 1. When and where filed by committees. (a) A committee or a candidate who receives contributions or makes disbursements of more than $750 in a calendar year shall submit an initial report to the filing officer within 14 days after the candidate or committee receives or makes disbursements of more than $750-and shall continue to make the reports listed in paragraph (b) until a final report is filed. (b) The committee or candidate must file a report by January 31 of each year following the year when the initial report was filed and in a year when the candidate's name or a ballot question appears on the ballot, the candidate or committee shall file a report: (1) ten days before the primary or special primary; (2) ten days before the general election or special election; and (3) 30 days after a general or special election. Subd. 2. Information required. The report to be filed by a candidate or committee must include: (1) the name of the candidate or ballot question; (2) the name and address of the person responsible for filing the report; (3) the total amount of receipts and expenditures for the period from the last previous report to five days before the current report is due; (4) the purpose for each expenditure; and (5) the name of any individual or committee that during the year has made one or more contributions that 10 .W 1998 Minnesota Campaign Manual in the aggregate are equal to or greater than $500. Subd. 3. Municipal charter provisions and special laws saved. The provisions of this section requiring the filing of reports are in addition to the provisions of any municipal charter requiring the filing of reports in connection with a municipal primary, general election, special primary, or special election, but they do not replace special laws providing filing requirements for a municipality. Subd. 4. Congressional candidates. Candidates for election to the United States House of Representa- tives or Senate and any political committees raising money and making disbursements exclusively on behalf of any one of those candidates may file copies of their financial disclosures required by federal law in lieu of the financial statement required by this section. History: 1988 c 578 art 2 s 2; 1989 c 291 art I s 30 NOTES AND DECISIONS 211A.02 In absence of campaign finance disclosure statute applicable to municipality, ordinance providing for such regulation is permissible. Id. 211A.03 FINAL REPORT. A candidate or committee may file a final report when all debts have been settled and all assets in excess of $100 in the aggregate are disposed of. The final report may be filed at any time and must include the kinds of information contained in the financial statements required by section 211A.02 for the period from the last previous report to the date of the final report. History: 1988 c 578 art 2 s 3 211A.04 SECRETARY OF STATE'S DUTIES. Subdivision 1. Report forms. The secretary of state shall prepare blanks for reports required by section 211A.02. Copies must be furnished through the county auditor or otherwise, as the secretary of state finds expedient, to a committee upon request or to a candidate upon filing for office. Subd. 2. Repealed, 1992 c 513 art 3 s 79 History: 1988 c 578 art 2 s 4 211A.05 FAILURE TO FILE STATEMENT. Subdivision 1. Penalty. A candidate who intentionally fails to file a report required by section 211A.02 is guilty of a misdemeanor. The treasurer of a committee formed to promote or defeat a ballot question who intentionally fails to file a report required by section 211A.02 is guilty of a misdemeanor. Each candidate or treasurer of a committee formed to promote or defeat a ballot question shall certify to the filing officer that all reports required by section 21 IA.02 have been submitted to the filing officer or that the candidate or committee has not received contributions or made disbursements exceeding $750 in the calendar year. The certification shall be submitted to the filing officer no later than seven days after the general or special election. The secre- tary of state shall prepare blanks for this certification. An officer who issues a certificate of election to a candi- date who has not certified that all reports required by section 211A.02 have been filed is guilty of a misde- meanor. Subd. 2. Notice of failure to file. If a candidate or committee fails to file a report on the date it is due, the filing officer shall immediately notify the county attorney of the county where the candidate resides or where the committee headquarters is Iocated. The county attorney shall then immediately notify the candidate or committee of the failure to file. If a report is not filed within ten days after the notification is mailed, the county attorney shall proceed under section 21 IA.08. History: 1988 c 578 art 2 s 5; 1989 c 291 art I s 31 NOTES AND DECISIONS 211A.05 County auditor does not have authority to omit name of a nominee from general election ballot because affidavit of disbursements discloses disbursements in excess of amount allowed by law. Op. Any. Gen. 627C -12, September 29, 1948. 11 1 "8 Minnesota Campaign Manual 211A.06 FAILURE TO KEEP ACCOUNT; PENALTY. A treasurer or other individual who receives money for a committee is guilty of a misdemeanor if the individual: (1) fails to keep a correct account as required by law; (2) mutilates, defaces, or destroys an account record; or (3) in the case of a committee, refuses upon request to provide financial information to a candidate; and (4) does any of these things with the intent to conceal receipts or disbursements, the purpose of receipts or disbursements, or the existence or amount of an unpaid debt or the identity of the person to whom it is owed. History: 1988 c 578 art 2 s 6 211A.07 BILLS WHEN RENDERED AND PAID. A person who has a bill, charge, or claim against a candidate's committee shall render it in writing to the committee within 60 days after the material or service is provided. A bill, charge, or claim that is not presented within 60 days after the material or service is provided must not be paid. History: 1988 c 578 art 2 s 7 211A.08 COUNTY ATTORNEY INQUIRY. Subdivision 1. Duties of county attorney. A county attorney who is notified of an alleged violation of this chapter shall promptly investigate. I£ there is probable cause to institute a prosecution, the county attorney shall proceed by complaint or present the charge with whatever evidence has been found to the grand jury. A county attorney who refuses or intentionally fails to faithfully perform this or any other duty imposed by this chapter is guilty of a misdemeanor and upon conviction shall forfeit office. The county attorney, under penalty of forfeiture of office, shall prosecute all violations of this chapter except for a violation of this section; if, however, a complainant desires to withdraw a complaint under this chapter, the county attorney is not required to proceed with prosecution. Subd. 2. Associate counsel. Anyone except the person under investigation or the person's agent may employ an attorney to assist the county attorney in the investigation and prosecution of a violation of this chapter. The county attorney and the court shall recognize the attorney as associate counsel for the proceeding. A prosecution, action, or proceeding may not be dismissed without notice to the associate counsel. If the associate counsel objects to the dismissal, the county attorney's reasons for dismissal and the associate counsel's objections must be filed with the court and heard within the time period the court requires. History: 1986 c 444; 1988 c 578 art 2 s 8 NOTES AND DECISIONS 211A.08 Attorney employed to assist county attorney is not required to conduct a private and independent investigation but may conduct same so as to enable attorney to present the county attorney relevant facts and names of witnesses capable giving competent testimony in proceeding. Op. Atty. Gen. 121 A -1, September 26, 1952. County attorney may proceed by complaint and information rather than impaneling grand jury. Op. Atty. Gen. 52713-1, August 18,1966 211A.09 FORFEITURE OF NOMINATION OR OFFICE. Subdivision 1. Forfeiture required. Except as provided in subdivision 2, if a candidate is convicted of violating a provision of this chapter or if an offense was committed by another individual with the knowledge, consent, or connivance of the candidate, the court, after entering the adjudication of guilty, shall enter a supple- mental judgment declaring that the candidate has forfeited the nomination or office. If the court enters the supplemental judgment, it shall transmit to the filing officer a transcript of the supplemental judgment, the nomination or office becomes vacant, and the vacancy must be filled as provided by law. Subd. 2. Circumstances where nomination or office not forfeited. In a trial for a violation of this chapter, the candidate's nomination or election is not void if the court finds that: (1) an offense, though committed by the candidate or with the candidate's knowledge, consent, or conniv- ance, was trivial; or (2) an act or omission of a candidate arose from accidental miscalculation or other reasonable cause, but in 12 1998 Minnesota Campaign Manual any case not from a want of good faith, and that it would be unjust for the candidate to forfeit the nomination or election. Neither of these findings is a defense to a conviction under this chapter. History: 1988 c 578 art 2 s 9 NOTES AND DECISIONS 211A.09 To sustain charge under this section must show omissions were deliberate, serious, and material violations of election law. Moulton v. Newton, 274 Minn. 545, 144 N.W. 2d 706 1966). As to whether acts complained of are trivial or unimportant, see Bank v Egan, 240 Minn. 192, 60 N.W. 2d 257 (1953). 211A.10 DISQUALIFIED INDIVIDUALS NOT TO HOLD VARIOUS POSITIONS. A candidate whose election to office has been set aside for a violation of this chapter may not be ap- pointed, during the period fixed by law as the term of the office, to fill a vacancy that may occur in the office. A candidate or other individual who is convicted of a violation of this chapter may not be appointed, during the period fixed by law as the term of the office with respect to which the election was held and the offense was committed, to fill a vacancy in the office. An appointment to an office made contrary to this section is void. A candidate or other individual who is convicted of a violation of this chapter is not qualified, during the period fixed by law as the term of the office with, respect to which the election was held and the offense was committed, to fill a vacancy in an office for which the legislature may establish qualifications under article MI, section 3, of the Minnesota Constitution. Histoy: 1988 c 578 art 2 s 10 NOTES AND DECISIONS 211A.10 Legislature may regulate the exercise of the right to vote. This section held not to add to the constitutional qualifications for holding office. Saari v. Gleason, 126 Minn. 378,148 N.W. 293 (1914). 211A.11 PENALTIES FOR VIOLATIONS. A violation of this chapter for which no other penalty is provided is a misdemeanor. History: 1988 c 578 art 2 s 11 211A.12 CONTRIBUTION LIMITS. A candidate or a candidate's committee may not accept aggregate contributions made or delivered by an individual or committee in excess of $300 in an election year for the office sought and $100 in other years; except that a candidate or a candidate's committee for an office whose territory has a population over 100,000 may not accept aggregate contributions made or delivered by an individual or committee in excess of $500 in an election year for the office sought and $100 in other years. The following deliveries are not subject to the bundling limitation in this section: (1) delivery of contributions collected by a member of the candidate's committee, such as a block worker or a volunteer who hosts a fundraising event, to the committee's treasurer; and (2) a delivery made by an individual on behalf of the individual's spouse. Notwithstanding sections 211A.02, subdivision 3, and 410.2 1, this section supersedes any home rule charter. History: 1993 c 318 art 2 s 46; 1997 c 224 s I 211A.13 PROHIBITED TRANSFERS. A candidate for political subdivision office must not accept contributions from the principal campaign committee of a candidate as defined in section 10A.01, subdivision 5. A candidate for political subdivision office must not make contributions to a principal campaign committee, unless the contribution is made from the personal funds of the candidate for political subdivision office. History: 1993 c 318 art 2 s 47 NOTES AND DECISIONS 211A.13 This provision does not address transfers between candidates for political subdivision office or their campaign committees. Op. Atty. Gen. 627e, August 1, 1994. 13 t 1998 Minnesota Campaign Manual 211A.14 CONTRIBUTIONS AND SOLICITATIONS DURING LEGISLATIVE SESSION. A legislator or state constitutional officer who is a candidate for a county, city, or town office, the candidate's principal campaign committee, and any other political committee with the candidate's name or title may not solicit or accept a contribution from a political fund or registered lobbyist during a regular session of the legislature. History: 1997 c 224 s 2 CHAPTER 211 B FAIR CAMPAIGN PRACTICES 211B.01 DEFINITIONS. Subdivision 1. Application. The definitions in chapter 200 and this section apply to this chapter. Subd. 2. Campaign material. "Campaign material" means any literature, publication, or material tending to influence voting at a primary or other election, except for news items or editorial comments by the news media. Subd. 3. Candidate. "Candidate" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties, except candidates for president and vice- president of the United States. Subd. 4. Committee. "Committee" means two or more persons acting together or a corporation or asso- ciation acting to influence the nomination, election, or defeat of a candidate or to promote or defeat a ballot question. Promoting or defeating a ballot question includes efforts to qualify or prevent a proposition from qualifying for placement on the ballot. Subd. 5. Disbursement. "Disbursement" means an act through which money, property, office, or position or other thing of value is directly or indirectly promised, paid, spent, contributed, or lent, and any money, property, office, or position or other thing of value so promised or transferred. Subd. 6. Political purposes. An act is done for "political purposes" when the act is intended or done to influence, directly or indirectly, voting at a primary or other election. This does not include news items or editorial comments published or broadcast by the news media. History: 1988 c 578 art 3 s i NOTES AND DECISIONS 21113.01 The Fair Campaign Practices Act applies to activities of which the purpose is to secure the adoption or defeat of a constitutional amendment. The act also applies to the activities of committee formed for purpose of bringing about or preventing the adoption of an ordinance. Op. Atty. Gen. 627B -1, October 14, 1942. The term `voluntary committee" is but another name for a political committee under this section. Such a committee may not be organized as a mere subterfuge to evade the Fair Campaign Practices Act Op. Atty. Gen. 627C -7, August 30,1946. Committee formed to support constitutional amendment must file statement of receipts and disbursements. Op. Arty. Gen. 627 -B-2. August 26,1952. Act applies to city charter election. Op. Arty. Gen. 627B -1, August 18, 1966. Fair Campaign Practices Act is directed to actions of candidate and persons for whom he is responsible; and where there is nothing to show that candidate sanctioned improper activities, that are not chargeable to him. Munnell v. Rowlette, 275 Mann. 94.145 N.W. 2d 531(1966). 211B.02 FALSE CLAIM OF SUPPORT. A person or candidate may not knowingly make, directly or indirectly, a false claim stating or implying that a candidate or ballot question has the support or endorsement of a major political party or party unit or of an organization. A person or candidate may not state in written campaign material that the candidate or ballot. question has the support or endorsement of an individual without first getting written permission from the individual to do so. History: 1988 c 578 art 3 s 2 14 149b ,Nlinnesota campaign ivlanuat r NOTES AND DECISIONS 2118.02 Prominent political leaders are not "units" of political party. Graves v. Meland. Minnesota Supreme Court, March 24, 1978, 211B.03 USE OF THE TERM REELECT. A person or candidate may not, in the event of redistricting, use the term "reelect" in a campaign for elective office unless the candidate is the incumbent of that office and the office represents any part of the new district. History: 1988 c 578 art 3 s 3 211B.04 CAMPAIGN LITERATURE MUST INCLUDE DISCLAIMER. (a) A person who participates in the preparation or dissemination of campaign material other than as provided in section 211B.05, subdivision 1, that does not prominently include the name and address of the person or committee causing the material to be prepared or disseminated in a disclaimer substantially in the form provided in paragraph (b) or (c) is guilty of a misdemeanor. (b) Except in cases covered by paragraph (c), the required form of disclaimer is: "Prepared and paid for by the committee, .........(address)" for material prepared and paid for by a principal campaign committee, or "Prepared and paid for by the committee, .........(address), in support of .........(insert name of candidate or ballot question)" for material prepared and paid for by a person or committee other than a principal campaign committee. (c) In the case of broadcast media, the required form of disclaimer is: "Paid for by the committee." (d)' Campaign material that is not circulated on behalf of a particular candidate or ballot question must also include in the disclaimer either that it is "in opposition to .....(insert name of candidate or ballot question.....) or that "this publication is not circulated on behalf of any candidate or ballot question." (e) This section does not apply to objects stating only the candidate's name and the office sought, fundraising tickets, or personal letters that are clearly being sent by the candidate. (f) This section does not apply to an individual who acts independently of any candidate, committee, political committee, or political fund and spends only from the individual's own resources a sum that is less than $300 in the aggregate to produce or distribute campaign material that is distributed at least 14 days before the election to which the campaign material relates. (g) This section does not modify or repeal section 211 B.06. History: 1988 c 578 art 3 s 4; 1991 c 227 s 24; 1998 c 376 s 2, 3 NOTES AND DECISIONS 211B.04 Absence of authorship clause on cards held trivial. Miske v. Fisher, 193 Minn. 514, 259 N.W. 18 (1935). Candidate for office may include word "lawyer" on campaign card but such a card must contain address of author, while card containing a mere statement that a person is a candidate for office without anything in the way of an appeal or argument does not need to state its authorship. Op. Any. Gen. 627J -1, March 16, 1936. Sticker with nothing more on it than the name of a person for whom votes are desired is not in effect a campaign card. Op. Atty. Gen. 627J -8, October 20, 1930. Use of a patriotic poster with candidate's solicitation of votes thereon must bear the name and address of the author. Op. Atty. Gen. 627F -1, August 18, 1942. Emery boards must bear name and address of author. Op.. Atty. Gen, 627F -1, September 24, 1948. If open letter is circulated in interest of better government and not for particular candidate, then section does not require, in addition to author's name and address, name of any candidate. Op. Atty. Gen. 6271 -3, October 6, 1945. See also Op. Atty. Gen. 6273 -3, February 10, 1947 on the same issue. Name of person or persons on committee who authorize insertion of advertisement must be stated. Op. Arty. Gen. 627C -5, October 1. 1938. 7.11B.045 NONCOMMERCIAL SIGNS EXEMPTION. In any municipality with an ordinance that regulates the size of noncommercial signs, notwithstanding the provisions of that ordinance, all noncommercial signs of any size may be posted from August 1 in a state general election year until ten days following the state general election. History: 1990 c 585 s 30 15 19?8 Minnesota Campaign Manual 21113.05 PAID ADVERTiSENiENTS IN NEWS. Subdivision 1. Acceptance of paid advertisements. A newspaper, periodical, or magazine may not intentionally accept for insertion in the newspaper, magazine, or periodical a political advertisement unless the words "PAID AD- VERTISEMENT," and the disclaimer required under section 211 B.04 are included at the beginning or end of the advertisement. A radio station, television station, or cable system may not accept for broadcast a political advertise- ment unless the words "PAID ADVERTISEMENT" are included at the beginning or end of the advertisement. Subd. 2. Advertising rates. Rates charged for advertising to support or oppose a candidate or ballot question must be the same as the charges made for any other political candidate and may be no greater than charges made for any other comparable purpose or use according to the seller's rate schedule. Subd. 3. Compensation prohibited, except for paid advertisement. An owner, publisher, editor, re- porter, agent, broadcaster, or employee of a newspaper, periodical, magazine, radio or television broadcast station, or cable system may not directly or indirectly solicit, receive, or accept a payment, promise, or compen- sation, nor may a person pay or promise to pay or in any manner compensate an owner, publisher, editor, re- porter, agent, broadcaster, or employee directly or indirectly for influencing or attempting to influence voting at an election or primary through printed material in the newspaper or periodical, or radio, television, or cable broadcast, except as a "PAID ADVERTISEMENT" as provided in this section. Subd. 4. Unpaid material identification. Unpaid material published in a newspaper, magazine, or other publication that is: (1) in unique typeset or otherwise differentiated from other unpaid material, (2) designed to influence or attempt to influence the voting at any election or the passage or defeat of legislation, and (3) not placed on the editorial page must be clearly identified as an editorial opinion. History: 1988 c 578 art 3 s S 211B.06 FALSE POLITICAL AND CAMPAIGN MATERIAL; PENALTY; EXCEPTIONS. Subdivision 1. Gross misdemeanor. A person is guilty of a gross misdemeanor who intentionally partici- pates in the preparation, dissemination, or broadcast of paid political advertising or campaign material with respect to the personal or political character or acts of a candidate, or with respect to the effect of a ballot question, that is designed or tends to elect, injure, promote, or defeat a candidate for nomination or election to a public office or to promote or defeat a ballot question, that is false, and that the person knows is false or communicates to others with reckless disregard of whether it is false. A person is guilty of a misdemeanor who intentionally participates in the drafting of a letter to the editor with respect to the personal or political character or acts of a candidate, or with respect to the effect of a ballot question, that is designed or tends to elect, injure, promote, or defeat any candidate for nomination or election to a public office or to promote or defeat a ballot question, that is false, and that the person knows is false or communicates to others with reckless disregard of whether it is false. Subd. 2. Exception. Subdivision 1 does not apply to any person or organization whose sole act is, in the normal course of their business, the printing, manufacturing, or dissemination of the false information. History: 1988 c 578 art 3 s 6; 1998 c 376 s 3 NOTES AND DECISIONS 211B.06 This provision is unconstitutionally overbroad as applied. State v. Jude, 554 N.W. 2d 750 (Minn. CL App. 1996). False representation regarding source of information is not violation of election laws as long as information is true. Grotjohn v. McCollar, 291 Minn. 344, 191 N.W. 2d (1971). Candidate who denied prior knowledge of the details and method of publishing alleged falsehood did not violate Fair Campaign Practices Act. In re County Commissioner for Wright County, 289 Minn. 523,185 N.W. 2d 277 (1971). Although defamatory of supporters of a candidate, a campaign document held not defamatory of candidate himself and so no violation of Corrupt Practices Act Dart v. Erickson, 188 Minn. 313,248 N.W. 706 (1933). This section had no application to an election contest based on claim that candidate illegally referred to opponent's juvenile record of offenses. Grotjohn v. McCoilar, 291 Minn. 344,191 N.W. 2d 396 (1971). Campaign circular containing earlier laudatory statements about a candidate is not defamatory and, therefore, does not violate this section. Graves v. Meland, 264 N.W. 2d 401 (Minn. 1978). 16 1998 Minnesota Campaign Manual 211`13.07 UNDUE INFLUENCE ON VOTERS PROHIBITED. A person may not directly or indirectly use or threaten force, coercion, violence, restraint, damage, harm, loss, including loss of employment or economic reprisal, undue influence, or temporal or spiritual injury against an individual to compel the individual to vote for or against a candidate or ballot question. Abduction, duress, or fraud may not be used to obstruct or prevent the free exercise of the right to vote of a voter at a primary or election, or compel a voter to vote at a primary or election. Violation of this section is a gross misdemeanor. History: 1988 c 578 art 3 s 7 NOTES AND DECISIONS 211 13.07 Judgment that contestee's attempted coercion of voters on public relief by threats that he, as chairman of emergency relief board, would have them removed from relief if they did not support him in his campaign for county commissioner, was limited in character and that his election was free from offensive and illegal acts is reversed and judgement directed that contestee's election be annulled and set aside. Fritz v. Hanfler,195 Minn. 640,263 N.W. 10 (1935). Standing in line by nonvoters and the abuse of the right to challenge voters constitute gross misdemeanors under Minnesota law. Op. Arty. Gen. 182, October 26, In absence of showing that incumbent municipal judge by his presence in courtroom on court business for some 1 -1/2 hours during morning of election had interfered with conduct of election in adjacent polling place or had sought to influence voters or that he was aware that sticker campaign was being conducted for another candidate for his office, election of incumbent was not invalid on ground that he had violated election statutes. Munnell v. Rowlette, 275 Minn. 92,145 N.W. 2d 531(1966). While action of police officer in interfering with campaign worker for sticker candidate for municipal judge was unwarranted where action was not that of opposing candidate and there was nothing to show that opponent had sanctioned such action, any violation of Corrupt Practices Act would not be chargeable to opponent. Id. Where it was customary for incumbent judge to release prisoners convicted of misdemeanors before Christmas each year so as to permit them to earn money for Christmas shopping, and there was no showing that prisoners released pursuant to that practice shortly before election in which incumbent was candidate where voters in village where election was to be held or had been directed or solicited to vote for incumbent in exchange for their freedom, there was nothing in such conduct to justify any invalidation of incumbent's reelection. Id. Corrupt Practices Act is directed to actions of candidate for office and to persons for whom he is responsible. Id. 211B.08 SOLICITATION OF CONTRIBUTIONS PROHIBITED. A religious, charitable, or educational organization may not request a candidate or committee to contribute to the organization, to subscribe for the support of a club or organization, to buy tickets to entertainment, or to pay for space in a publication. This section does not apply to: (1) the solicitation of a business advertisement in periodicals in which the candidate was a regular con- tributor, before candidacy; (2) ordinary business advertisements; (3) regular payments to a religious, charitable, or educational organization, of which the candidate was a member, or to which the candidate was a contributor for more than six months before candidacy; or (4) ordinary contributions at church services. History: 1988 c 578 art 3 s 8 211B.09 PROHIBITED PUBLIC EMPLOYEE ACTIVITIES. An employee or official of the state or of a political subdivision may not use official authority or influence to compel a person to apply for membership in or become a member of a political organization, to pay or prom- ise to pay a political contribution, or to take part in political activity. A political subdivision may not impose or enforce additional limitations on the political activities of its employees. History: 1988 c 578 art 3 s 9 NOTES AND DECISIONS 211 B.09 Display of campaign literature at courthouse not within meaning of "compel". Burns v. Valen, 400 N.W. 2d 123 (Minn. Ct. App. 1987). 211 B.10 INDUCING OR REFRAINING CANDIDACY; TIME OFF FOR PUBLIC OFFICE MEETINGS. Subdivision 1. Inducing or refraining from candidacy. A person may not reward or promise to reward another in any manner to induce the person to be or refrain from or cease being a candidate: A person may not solicit or 17 1991E lirnnesota Campaign .Manual t receive a payment, promise, or reward from another for this purpose. Subd. 2. Time off for public office meetings. A person elected to a public office must be permitted time off from regular employment to attend meetings required by reason of the public office. The time off may be without pay, with pay, or made up with other hours, as agreed between the employee and employer. When an employee takes time off without pay, the employer shall make an effort to allow the employee to make up the time with other hours when the employee is available. No retaliatory action may be taken by the employer for absences to attend meetings necessitate( by reason of the employee's public office. History: 1988 c 578 art 3 s 10 211B.11 ELECTION DAY PROHIBITIONS. Subdivision 1. Soliciting near polling places. A person may not display campaign material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within a polling place or within 100 feet of the building in which a polling place is situated, or anywhere on the public property on which a polling place is situated, on primary or election day to vote for or refrain from voting for a candidate or ballot question. A person may not provide political badges, political buttons, or other political insignia to be worn at or about the polling place on the day of a primary or election. A political badge, political button, or other political insignia may not be worn at or about the polling place on primary or election day. This section applies to areas estab- lished by the county auditor or municipal clerk for absentee voting as provided in chapter 20313. The secretary of state, county auditor, municipal clerk, or school district clerk may provide stickers which contain the words "I VOTED" and nothing more. Election judges may offer a sticker of this type to each voter who has signed the polling place roster. Subd. 2. Repealed, 1997 c 147 s 79. Subd. 3. Transportation of voters to polling place; penalty. A person transporting a voter to or from the polling place may not ask, solicit, or in any manner try to induce or persuade a voter on primary or election day to vote or refrain from voting for a candidate or ballot question. Subd. 4. Penalty. Violation of this section is a petty misdemeanor. History: 1988 c 578 art 3 s 11; 1989 c 291 art I s 32; 1993 c 223 s 25 NOTES AND DECISIONS 211B.11 This section forbids erection of campaign sign before election day for display on election day within 100 feet of polling place. State v. Zimmer, Findings of Fact, Conclusions of Law and Order, No. T3 -94 -3002 (Mille Lacs Co. Dist CL, filed May 5, 1995). Prohibition on election day campaigning in former section 210A.11, Subd. 1, violates U.S. and state constitutions. State v. Quam, No. 97939 -1 (Hennepin Dist. CL, November 1, 1988). Provisions of section 21113.11, subd. 2 are unconstitutional. Op. Atty. Gen. 627H, August 28, 1989. County attorneys are not required to institute prosecutions of alleged violations of section 21113.11, subd. 2. Id. There is no provision of the Minnesota election law prohibiting the posting of signs within one hundred feet of a polling place except such posting may not be done on election day. Op. Atty. Gen. 627H, May 31,1966. Erection of political signs before an election and not removing them before election day is not a violation of this section. Op. Atty. Gen. 627H, January 11, 1963. The distribution of campaign cards by a candidate on election day, in the event of his election, forfeits his right to the office. In re Election Contest of Christian, 170 Minn. 465,213 N.W. 48 (1927). Mailing campaign literature before election for delivery on election day is unlawful. Op. Atty. Gen. 627H, April 1, 1932. Stickers may not be distributed at or within the polling place or within one hundred feet thereof on election day. Distribution at distance greater than one hundred feet may not be for purpose of soliciting votes. Op. Atty. Gen. 62784, March 9, 1945. Newspaper ad for campaign purposes comes within the provisions of this section. Op. Atty. Gen. 627K -5, October 22, 1948. Stickers may not be left in an election polling place on election day. Op. Atty. Gen, 28A -8, August 7, 1942. Hiring persons to distribute stickers on election day is a violation of Fair Campaign Practices Act. Op. Atty. Gen.. November 2, 1932. W 1998 Minnesota Campaign Manual h1B.12 LEGAL EXPENDITURES. Use of money collected for political purposes is prohibited unless the use is reasonably related to the conduct of election campaigns, or is a noncampaign disbursement as defined in section I OA.01, subdivision l Oc. The following are permitted expenditures when made for political purposes: (1) salaries, wages, and fees; (2) communications, mailing, transportation, and travel; (3) campaign advertising; (4) printing; (5) office and other space and necessary equipment, furnishings, and incidental supplies; (6) charitable contributions of not more than $50 to any charity annually; and (7) other expenses, not included in clauses (1) to (6), that are reasonably related to the conduct of election campaigns. In addition, expenditures made for the purpose of providing information to constituents, whether or not related to the conduct of an election, are permitted expenses. Money collected for political purposes and assets of a political committee or political fund may not be converted to personal use. History: 1988 c 578 art 3 s 12; 1993 c 318 art 2 s 48 NOTES AND DECISIONS 211B.12 The word "salary" is construed in an election contest as being used in broad sense of compensation embracing both "salary" and "fees Spokely v. Haaven.183 Minn. 467, 237 N. W. 11 (1931). 211B.13 BRIBERY, TREATING, AND SOLICITATION. Subdivision 1. Bribery, advancing money, and treating prohibited. A person who willfully, directly or indirectly, advances, pays, gives, promises, or lends any money, food, liquor, clothing, entertainment, or other thing of monetary value, or who offers, promises, or endeavors to obtain any money, position, appointment, employment, or other valuable consideration, to or for a person, in order to induce a voter to refrain from voting, or to vote in a particular way, at an election, is guilty of a felony. This section does not prevent a candi- date from stating publicly preference for or support of another candidate to be voted for at the same primary or election. Refreshments of food or nonalcoholic beverages of nominal value consumed on the premises at a private gathering or public meeting are not prohibited under this section. Subd. 2. Certain solicitations prohibited. A person may not knowingly solicit, receive, or accept any money, property, or other thing of monetary value, or a promise or pledge of these that is a disbursement prohib- ited by this section or section 211B.15. History: 1988 c 578 art 3 s 13 NOTES AND DECISIONS 211B.13 Acceptance of cut in salary pursuant to resolution of county board would not be violation of Corrupt Practices Act. Op. Atty. Gen. July 27, 1933. For other opinions treating this issue see also Op. Atty. Gen. 359A -22, March 22,1933; Op. Atty. Gen. 627B -3, March 20,1933; Op. Arty. Gen. 359A -22, July 11, 1932 and January 27,1932. Whether the distribution of objects such as matchbooks, pencils, emery boards, etc. is a violation of this section is a question of fact upon which the attorney general cannot pass judgement. Op. Arty. Gen. 627F -1, March 7, 1950. The making in good faith by a group of citizens to an entire county of an offer of site and money for a new court house is not a felony under this section. Op. Atty. Gen. 627E -3, May 6, 1954. 211B.14 DIGEST OF LAWS. The secretary of state, with the approval of the attorney general, shall prepare and print an easily under- standable digest of this chapter and annotations of it. The digest may include other related laws and annotations at the discretion of the secretary of state. The secretary of state shall distribute the digest to candidates and committees through the county auditor or otherwise as the secretary of state considers expedient. A copy of the digest and, if appropriate, a financial reporting form and a certification of filing form must be distributed to each candidate by the filing officer at the time that the candidate's affidavit of candidacy is filed. History: 1988 c.578 art 3 s 14; 1993 c 223 s 26; 1997 c 147 s 73 19 ...wuakl.lJbll tv1:I11US1 T 211B.15 CORPORATE POLITICAL CONTRIBUTIONS. Subdivision 1. Definitions. For purposes of this section, "corporation" means: (1) a corporation organized for profit that does business in this state; (2) a nonprofit corporation that carries out activities in this state; or (3) a limited liability company formed under chapter 322B, or under similar laws of another state, that do( business in this state. Subd. 2. Prohibited contributions. A corporation may not make a contribution or offer or agree to make a contribution, directly or indirectly, of any money, property, free service of its officers, employees, or member or thing of monetary value to a major political party, organization, committee, or individual to promote or defer the candidacy of an individual for nomination, election, or appointment to a political office. For the purpose of this subdivision, "contribution" includes an expenditure to promote or defeat the election or nomination of a candidate to a political office that is made with the authorization or expressed or implied consent of, or in cooperation or in concert with, or at the request or suggestion of, a candidate or committee established to support or oppose a candidate. Subd. 3. Independent expenditures. A corporation may not make an independent expenditure or offer or agree to make an independent expenditure to promote or defeat the candidacy of an individual for nomination, election, or appointment to a political office. For the purpose of this subdivision, "independent expenditure" means an expenditure that is not made with the authorization or expressed or implied consent of, or in coopera- tion or concert with, or at the request or suggestion of, a candidate or committee established to support or oppose a candidate. Subd. 4. Ballot question. A corporation may make contributions or expenditures to promote or defeat a ballot question, to qualify a question for placement on the ballot unless otherwise prohibited by law, or to express its views on issues of public concern. A corporation may not snake a contribution to a candidate for nomination, election, or appointment to a political office or to a committee organized wholly or partly to pro- mote or defeat a candidate. Subd. 5. News media. This section does not prohibit publication or broadcasting of news items or edito- rial comments by the news media. Subd. 5. Penalty for individuals. An officer, manager, stockholder, member, agent, employee, attorney, or other representative of a corporation acting in behalf of the corporation who violates this section may be fined not more than $20,000 or be imprisoned for not more than five years, or both. Subd. 7. Penalty for corporations. A corporation convicted of violating this section is subject to a fine not greater than $40,000. A convicted domestic corporation may be dissolved as well as fined. If a foreign or nonresident corporation is convicted, in addition to being fined, its right to do business in this state may be declared forfeited. Subd. 8. Permitted activity; political party. It is not a violation of this section for a political party, as defined in section 200.02, subdivision 7, to form a nonprofit corporation for the sole purpose of holding real property to be used exclusively as the party's headquarters. Subd. 9. Media projects. It is not a violation of this section for a corporation to contribute to or conduct public media projects to encourage individuals to attend precinct caucuses, register, or vote if the projects are not controlled by or operated for the advantage of a candidate, political party, or committee. Subd. 10. Meeting facilities. It is not a violation of this section for a corporation to provide meeting facilities to a committee, political parry, or candidate on a nondiscriminatory and nonpreferential basis. Subd. 11. Messages on premises. It is not a violation of this section for a corporation selling products or services to the public to post on its public premises messages that promote participation in precinct caucuses, voter registration, or elections if the messages are not controlled by or operated for the advantage of a candi- date, political party, or committee. Subd. 12. Reports required. The total amount of an expenditure or contribution for any one project permitted by subdivisions 9 and I I that is more than $200, together with the date, purpose, and the names and addresses of the persons receiving the contribution or expenditures, must be reported to the secretary of state. The reports must be filed on forms provided by the secretary of state on the dates required for committees under 20 1998 Minnesota Campaign Manual section 211A.02. Failure to file is a misdemeanor. Subd. 13. Aiding violation; penalty. An individual who aids, abets, or advises a violation of this section is guilty of a gross misdemeanor. Subd. 14. Prosecutions; venue. Violations of this section may be prosecuted in the county where the payment or contribution was made, where services were rendered, or where money was paid or distributed. Subd. 15. Nonprofit corporation exemption. The prohibitions in this section do not apply to a nonprofit corporation that: (1) is not organized or operating for the principal purpose of conducting a business; (2) has no shareholders or other persons affiliated so as to have a claim on its assets or earnings; and (3) was not established by a business corporation or a labor union and has a policy not to accept significant contributions from those entities. Subd. 16. Employee political fund solicitation. Any solicitation of political contributions by an em- ployee must be in writing, informational and nonpartisan in nature, and not promotional for any particular candidate or group of candidates. The solicitation must consist only of a general request on behalf of an inde- pendent political committee (conduit fund) and must state that there is no minimum contribution, that a contri- bution or lack thereof will in no way impact the employee's employment, that the employee must direct the contribution to candidates of the employee's choice, and that any response by the employee shall remain confi- dential and shall not be directed to the employee's supervisors or managers. Questions from an employee regarding a solicitation may be answered orally or in writing consistent with the above requirements. Nothing in this subdivision authorizes a corporate donation of an employee's time prohibited under subdivision 2. Subd. 17. Nonprofit corporation political activity. It is not a violation of this section for a nonprofit corporation to provide administrative assistance to one political committee or political fund that is associated with the nonprofit corporation and registered with the ethical practices board under section 10A.14. Such assistance must be limited to accounting, clerical or legal services, bank charges, utilities, office space, and supplies. The records of the political committee or political fund may be kept on the premises of the nonprofit corporation. The administrative assistance provided by the nonprofit corporation to the political committee or political fund is limited annually to the lesser of $5,000 or 7 -1/2 percent of the expenditures of the political committee or political fund. History: 1988 c 578 art 3 s 15; 1989 c 209 art 2 s 26; 1992 c 517 art 1 s 1 -9; 1993 c 318 art 2 s 49; 1996 c 459 s3 -4 NOTES AND DECISIONS 211B.15 See M.S. 72A.12, Subd. 5 (1988), pertaining to insurance companies. This section does not prohibit sponsorship of "conduit" or "nonpartisan" political action committees by a corporation. Minnesota Association of Commerce and Industry v. Foley, 316 N.W. 2d 524 (Minn. 1982). This section does not apply to nonprofit corporations. Id. Prohibition on independent expenditures unconstitutional as applied. Day v. Holahan, 34 F.3d 1356 (1994), cert. denied, 115 S. Ct. 936 (1995). 21113.16 COUNTY ATTORNEY INQUIRY; ASSOCIATE COUNSEL: Subdivision 1. County attorney inquiry. A county attorney who is notified of an alleged violation of this chapter shall promptly investigate. If there is probable cause for instituting a prosecution, the county attorney shall proceed by complaint or present the charge, with whatever evidence has been found, to the grand jury. A county attorney who refuses or intentionally fails to faithfully perform this or any other duty imposed by this chapter is guilty of a misdemeanor and upon conviction forfeits the office. The county attorney, under the penalty of forfeiture of office, shall prosecute all violations of this chapter except violations of this section. If, however, a complainant withdraws an allegation under this chapter, the county attorney is not required to proceed with prosecution. v Subd. 2. Associate counsel. Anyone except the person under investigation or the person's agent may 21 %_rmpatgn tilanual employ an attorney to assist the county attorney in the investigation and prosecution of a violation of this chapter. The county attorney and the court shall recognize the attorney as associate counsel for the proceeding. A prosecution, action, or proceeding must not be dismissed without notice to the associate counsel. If the associate counsel objects to the dismissal, the county attorney's reasons for dismissal and the associate counsel's objections must be filed with the court and heard within the time period the court requires. History: 1988 c 578 art 3 s 16 NOTES AND DECISIONS 211 B.16 Attorney employed to assist county attorney is not required to conduct a private and independent investigation but may conduct same so as to enable attorney to present the county attorney relevant facts and names of witnesses capable of giving competent testimony in proceeding. Op. Atty. Gen. 121 A -1, September 26, 1952. County attorney may proceed by complaint and information rather than impaneling grand jury. Op. Atty. Gen. 627B -1, August 18, 1966. 211 B.17 FORFEITURE OF NOMINATION OR OFFICE; CIRCUMSTANCES WHERE NOT FOR- FEITED. Subdivision 1. Forfeiture of nomination or office. Except as provided in subdivision 2, if a candidate is found guilty of violating this chapter or an offense was committed by another individual with the knowledge, consent, or connivance of the candidate, the court, after entering the adjudication 6f guilty, shall enter a supple- mental judgment declaring that the candidate has forfeited the nomination or office. If the court enters the supplemental judgment, it shall transmit to the filing officer a transcript of the supplemental judgment, the nomination or office becomes vacant, and the vacancy must be filled as provided by law. Subd. 2. Circumstances where nomination or office not forfeited. In a trial for a violation of this chapter, the candidate's nomination or election is not void if the court finds that: (1) an offense, though committed by the candidate or with the candidate's knowledge, consent, or conniv- ance, was trivial; or (2) an act or omission of a candidate arose from accidental miscalculation or other reasonable cause, but in any case not from a want of good faith; and the court also finds that it would be unjust for a candidate to forfeit the nomination or election. None of these findings is a defense to a conviction under this chapter. History: 1988 c 578 art 3 s 17 211B.18 DISQUALIFIED CANDIDATE NOT TO HOLD VARIOUS POSITIONS. A candidate whose election to office has been set aside for a violation of this chapter may not be ap- pointed, during the period fixed by law as the term of the office, to fill a vacancy in that office. A candidate or other individual who is convicted of a violation of this chapter may not be appointed, during the period fixed by law as the term of the office with respect to which the election was held and the offense was committed, to fill a vacancy that may occur in the office. An appointment to an office made contrary to the provisions of this section is void. A candidate or other individual who is convicted of a violation of this chapter is not qualified, during the period fixed by law as the term of the office with respect to which the election was held and the offense was committed, to fill a vacancy in an office for which the legislature may establish qualifications under article XII, section 3, of the Minnesota Constitution. History: 1988 c 578 art 3 s 18 NOTES AND DECISIONS 211B.18 This provision does not afford a remedy for a claimed violation by a non candidate. Derus v. Higgins, 555 N.W.2d 515, 517 (Minn. 1996). 211B.19 PENALTIES FOR VIOLATION. A violation of this chapter for which no other penalty is provided is a misdemeanor. History: 1988 c 578 art 3 s 19 22 19981Iinnesota Campaign Manual 211)B.20 DENIAL OF ACCESS BY POLITICAL CANDIDATES TO MULTIPLE UNIT DWELLINGS. Subdivision 1. Prohibition. It is unlawful for a person, either directly or indirectly, to deny access to an apartment house, dormitory, nursing home, manufactured home park, other multiple unit facility used as a residence, or an area in which two or more single- family dwellings are located on private roadways to a candidate who has filed for election to public office or to campaign workers accompanied by the candidate, if the candidate and workers seeking admittance to the facility do so solely for the purpose of campaigning. A violation of this section is a petty misdemeanor. Subd. 2. Exceptions. Subdivision 1 does not prohibit: (1) denial of admittance into a particular apartment, room, manufactured home, or personal residential unit; (2) requiring reasonable and proper identification as a necessary prerequisite to admission to a multiple unit dwelling; (3) in the case of a nursing home, denial of permission to visit certain persons for valid health reasons; (4) limiting visits by candidates or workers accompanied by the candidate to a reasonable number of persons or reasonable hours; (5) requiring a prior appointment to gain access to the facility; or (6) denial of admittance to or expulsion from a multiple unit dwelling for good cause. History: 1988 c 578 art 3 s 20 211B.21 APPLICABILITY. Nothing in section 211B.17 or 211B.18 may be construed to limit the ability of each house of the legisla- ture to act as judge of the election returns and eligibility of its own members. History: 1988 c 578 art 3 s 21 RELATED LAWS SELECTED PROVISIONS Note: The following are selected provisions of laws related to the conduct of election campaigns in Minnesota and are provided for informational purposes only. Please refer to Minnesota Statutes for the full text of these sections. 10A.01 DEFINITIONS. Subdivision 5. Candidate. "Candidate" means an individual who seeks nomination or election to any statewide or legislative office for which reponing is not required under federal laws. The term candidate shall also include an individual who seeks nomination or election to supreme court, court of appeals, or district court judgeships of the state. An individual shall be deemed to seek nomination or election if the individual has taken the action necessary under the law of the state of Minnesota to qualify for nomination or election, has received contributions or made expenditures in excess of $100, or has given implicit or explicit consent for any other person to receive contributions or make expenditures in excess of 100, for the purpose of bringing about the individual's nomination or election. A candidate remains a candidate until the candidate's principal campaign committee is dissolved as provided in section 10A.24. Subd. 10c. Noncampaiign disbursement. "Noncampaign disbursement" means a purchase or payment of money or anything of value made, or an advance of credit incurred, by a political committee, political fiend, or principal campaign committee for any of the following purposes: (a) payment for accounting and legal services; (b) return of a contribution to the source; (c) repayment of a loan made to the political committee, political fund, or principal campaign committee by that committee or fund; (d) return of a public subsidy; (e) payment for food, beverages, entertainment, and facility rental for a fundraising event; 23 IY98 Campaign Pvtanuai (f) services for a constituent by a member of the legislature or a constitutional officer in the executive branch, performed from the beginning of the term of office to adjournment sine die of the legislature in the election year for the office held, and half the cost of services for a constituent by a member of the legislature or a constitutional officer in the executive branch performed from adjournment sine die to 60 days after adjournment sine die; (g) a donation in kind given to the political committee, political fund, or principal campaign committee for purposes listed in clauses (e) and (f); (h) payment for food and beverages provided to campaign volunteers while they are engaged in campaign activities; (i) payment of expenses incurred by elected or appointed leaders of a legislative caucus in carrying out their leadership responsibilities; 0) payment by a principal campaign committee of the candidate's expenses for serving in public office, other than for personal uses; (k) costs of child care for the candidate's children when campaigning; (1) fees paid to attend a campaign school; (m) costs of a postelection party during the election year when a candidate's name will no longer appear on a ballot or the general election is concluded, whichever occurs first; (n) interest on loans paid by a principal campaign committee on outstanding loans; (o) filing fees; (p) post general election thank -you notes or advertisements in the news media; (q) the cost of campaign material purchased to replace defective campaign material, if the defective mate- rial is destroyed without being used; (r) transfers to a party unit as defined in section I OA.275, subdivision 3; and (s) other purchases or payments specified in board rules or advisory opinions as being for any purpose other than to influence the nomination or election of a candidate or to promote or defeat a ballot question. The board shall determine whether an activity involves a noncampaign disbursement within the meaning of this subdivision. 10A.20 CAMPAIGN REPORTS. Subdivision 1. The treasurer of every political committee and political fund shall begin to file the reports required by this section in-the first year it receives contributions or makes expenditures in excess of $100 and shall continue to file until the committee or fund is terminated. Subd. 2. The reports shall be filed with the board on or before January 31 of each year and additional reports shall be filed as required and in accordance with clauses (a) and (b). (a) In each year in which the name of the candidate is on the ballot, the report of the principal campaign committee shall be filed 15 days before a primary and ten days before a general election, seven days before a special primary and a special election, and ten days after a special election cycle. The report due after a special election may be filed on January 31 following the special election if the special election is held not more than 60 days before that date. (b) In each general election year political committees and political funds other than principal campaign committees shall file reports ten days before a primary and general election. If a scheduled filing date falls on a Saturday, Sunday or legal holiday, the filing date shall be the next regular business day. Subd. 3. Contents of report. Each report under this section shall disclose: (a) The amount of liquid assets on hand at the beginning of the reporting period; (b) The name, address and employer, or occupation if self employed, of each individual, political commit- tee or political fund who within the year has made one or more transfers or donations in kind to the political committee or political fund, including the purchase of tickets for all fund raising efforts, which in aggregate exceed $100 for legislative or statewide candidates or ballot questions, together with the amount and date of each transfer or donation in kind, and the aggregate amount of transfers and donations in kind within the year from each source so disclosed. A donation in kind shall be disclosed at its fair market value. An approved 24 1998 Minnesota Campaign Nlanual expenditure is listed as a donation in kind. A donation in kind is considered consumed in the reporting period in which it is received. The names of contributors shall be listed in alphabetical order; (c) The sum of contributions to the political committee or political fund during the reporting period; (d) Each loan made or received by the political committee or political fund within the year in aggregate in excess of 100, continuously reported until repaid or forgiven, together with the name, address, occupation and the principal place of business, if any, of the lender and any endorser and the date and amount of the loan. If any loan made to the principal campaign committee of a candidate is forgiven at any time or repaid by any entity other than that principal campaign committee, it shall be reported as a contribution for the year in which the loan was made; (e) Each receipt in excess of $100 not otherwise listed under clauses (b) to (d); (f) The sum of all receipts of the political committee or political fund during the reporting period; (g) The name and address of each individual or association to whom aggregate expenditures, including approved expenditures, have been made by or on behalf of the political committee or political fund within the year in excess of $100, together with the amount, date and purpose of each expenditure and the name and address of, and office sought by, each candidate on whose behalf the expenditure was made, identification of the ballot question which the expenditure is intended to promote or defeat, and in the case of independent expenditures made in opposition to a candidate, the name, address and office sought for each such candidate; (h) The sum of all expenditures made by or on behalf of the political committee or political fund during the reporting period; (i) The amount and nature of any advance of credit incurred by the political committee or political fund, continuously reported until paid or forgiven. If any advance of credit incurred by the principal campaign committee of a candidate is forgiven at any time by the creditor or paid by any entity other than that principal campaign committee, it shall be reported as a donation in kind for the year in which the advance of credit was incurred; (j) The name and address of each political committee, political fund, or principal campaign committee to which aggregate transfers in excess of $100 have been made within the year, together with the amount and date of each transfer; (k) The sum of all transfers made by the political committee, political fund, or principal campaign commit- tee during the reporting period; (1) Except for contributions to a candidate or committee for a candidate for office in a municipality as defined in section 471.345, subdivision 1, the name and address of each individual or association to whom aggregate noncampaign disbursements in excess of $100 have been made within the year by or on behalf of a principal campaign committee, political committee, or political fund, together with the amount, date, and purpose of each noncampaign disbursement; (m) The sum of all noncampaign disbursements made within the year by or on behalf of a principal cam- paign committee, political committee, or political fund; and (n) A report filed under subdivision 2, clause (b), by a political committee or political fund that is subject to subdivision 14, must contain the information required by subdivision 14, if the political committee or politi- cal fund has solicited and caused others to make aggregate contributions greater than $5,000 between January 1 of the general election year and the end of the reporting period. This disclosure requirement is in addition to the report required by subdivision 14. Subd. 3a. The reports of a principal campaign committee of a legislative candidate required by this section shall list in a prominent place on the first page of every report each county in which the legislative district lies. Subd. 4. A report shall cover the period from the last day covered by the previous report to seven days prior to the filing date, except that the report due on January 31 shall cover the period from the last day covered by the previous report to December 31. Subd. 5. Preelection reports. In any statewide election any loan, contribution, or contributions from any one source: totaling $2,000 or more, or in any legislative election totaling more than $400, received between the last day covered in the last report prior to an election and the election shall be reported to the board in one of the following ways: 25 199h Minnesota Campaign ylanual (1) in person within 48 hours after its receipt; (2) by telegram or mailgram within 48 hours after its receipt; or (3) by certified mail sent within 48 hours after its receipt. These loans and contributions must also be reported in the next required report. The 48 -hour notice requirement does not apply with respect to a primary if the statewide or legislative candidate is unopposed in that primary. Subd. 6. Every candidate who does not designate and cause to be formed a principal campaign committee, and any individual who makes independent expenditures or expenditures expressly advocating the approval or defeat of a ballot question in aggregate in excess of $100 in any year, shall file with the board a report contain- ing the information required by subdivision 3. Reports required by this subdivision shall be filed on the dates on which reports by committees and funds are filed. Subd. 6a. Any individual, political committee or political fund filing a report or statement disclosing any independent expenditure pursuant to subdivision 3 or 6 shall file with that report a sworn statement that the expenditures so disclosed were not made with the authorization or expressed or implied consent of, or in coop- eration or in concert with, or at the request or suggestion of any candidate, any candidate's principal campaign committee or agent. 14A.22 REPORTS AND STATEMENTS. Subdivision 1. A report or statement required by sections 10A.11 to 10A.34 to be filed by a treasurer of a political committee or political fund, or by any other individual, shall be signed and certified as true by the individual required to file the report. Any individual who signs and certifies to be true a report or statement knowing it contains false information or who knowingly omits required information is guilty of a gross misde- meanor. Subd. 4. The treasurer shall list contributions from the same source under the same name. When a contri- bution received from any source in a reporting period is added to previously reported unitemized contributions from the same source and the aggregate exceeds the disclosure threshold of section 10A.20, the name, address and employer, or occupation if self employed, of that source shall then be listed on the prescribed schedule. A candidate may refuse to accept any contribution. Subd. 5. A political committee or political fund making an expenditure on behalf of more than one candi- date for state or legislative office shall allocate the expenditure among the candidates on a reasonable cost basis and report the allocation for each candidate. Subd. 6. Each person required to file any report or statement shall maintain records on the matters re- quired to be reported, including vouchers, canceled checks,,bills, invoices, worksheets, and receipts, which will provide in sufficient detail the necessary information from which the filed reports and statements may be veri- fied, explained, clarified and checked for accuracy and completeness. The person shall keep the records avail- able for audit, inspection, or examination by the board or its authorized representatives for four years from the date of filing of the reports or statements or of changes or corrections thereto. Any person who knowingly violates any provisions of this subdivision is guilty of a misdemeanor. Subd. 7. Statement required; penalty. (a) The treasurer of a political committee or political fund shall not accept a contribution of more than $100 from an association not registered in this state unless the contribu- tion is accompanied by a written statement which meets the disclosure and reporting period requirements imposed by section I OA.20. This statement shall be certified as true and correct by an officer of the contribut- ing association. The political committee or political fund which accepts the contribution shall include a copy of the statement with the report which discloses the contribution to the board. The provisions of this subdivision shall not apply when a national political party transfers money to its affiliate in this state. (b) An unregistered association may provide the written statement required by this subdivision to no more than three political committees or political funds in any calendar year. Each statement must cover at least the 30 days immediately preceding and including the date on which the contribution was made. An unregistered association or an officer of it is subject to a civil penalty up to $1,000 if the association or its officer: (1) fails to provide a written statement as required by this subdivision; or 26 1998 Minnesota Campaign Manual (2) fails to register after giving the written statement required by this subdivision to more than three politi- cal committees or political funds in any calendar year. An officer of an association who violates this paragraph is guilty of a misdemeanor. History: 1974 c 470 s 22; 1975 c 271 s 6; 1978 c 463 s 62 -65; 1986 c 444; 1990 c 608 art 3 s 8 160.27 PARTICULAR USES OF RIGHT -OF -WAY; MISDEMEANORS. Subdivision 1. Public notices. With the approval of the proper road authority, billboards for the use and purpose of displaying public notices only may be erected within the limits of any public highway, including city streets. Subd. 5. Misdemeanors. Except for the actions of the road authorities, their agents, employees, contrac- tors, and utilities in carrying out their duties imposed by law or contract, and except as herein provided, it shall be unlawful to: (1) obstruct any highway or deposit snow or ice thereon; (8) place or maintain any advertisement within the limits of any highway; (9) paint, print, place, or affix any advertisement or any object within the limits of any highway; (10) deface, mar, damage, or tamper with any structure, work, material, equipment, tools signs, markers signals, paving, guardrails, drains, or any other highway appurtenance on or along any highway; Any violation of this subdivision is a misdemeanor. Subd. 6. Removal.of unauthorized advertisements, buildings, or structures in or on a public highway. The road authorities may take down, remove, or destroy an advertisement, building or structure in or upon any highway in violation of this section. 204C.06 CONDUCT IN AND NEAR POLLING PLACES. Subdivision 1. Lingering near polling place. An individual shall be allowed to go to and from the polling place for the purpose of voting without unlawful interference. No one except an election official or an indi- vidual who is waiting to register or to vote shall stand within 100 feet of the entrance to a polling place. The entrance to a polling place is the doorway or point of entry leading into the room or area where voting is occur- ring. Subd. 2. Individuals allowed in polling place. (a) Representatives of the secretary of state's office, the county auditor's office, and the municipal or school district clerk's office may be present at the polling place to observe election procedures. Except for these representatives, election judges, sergeants -at -arms, and challeng- ers, an individual may remain inside the polling place during voting hours only while voting or registering to vote, providing proof of residence for an individual who is registering to vote, or assisting a handicapped voter or a voter who is unable to read English. During voting hours no one except individuals receiving, marking, or depositing ballots shall approach within six feet of a voting booth, unless lawfully authorized to do so by an election judge. (b)Teachers and elementary or secondary school students participating in an educational activity autho- rized by section 2048.27, subdivision 7, may be present at the polling place during voting hours. Subd. 3. Damaging or removing election materials; gross misdemeanor. No individual shall intention- ally: (a) Tear down, mutilate, deface or otherwise damage during the hours of voting any voter instruction poster placed inside or outside of a polling place by an election judge or other election official; or (b) Remove from the polling place before the time for voting ends any ballots prepared for use at the election or any supplies or conveniences placed in voting booths for use by the voters, except as authorized by law. A violation of this subdivision is a gross misdemeanor. Subd. 4. Damaging or removing election materials; felony. No individual shall intentionally: (a) Remove from a polling place any election file or election register, except as authorized by law; (b) Damage, deface, or mutilate any ballot, election file or election register or any item of information contained on it, except as authorized by law; or 27 •.,,u,rni,ta t.ampatgn Ntanual (c) Add anything to a ballot, election file or election register, except as authorized by law. A violation of this subdivision is a felony. Subd. 7. Use of intoxicating liquor; prohibition; penalty. During the time an election is being held it is misdemeanor to bring intoxicating liquor or nonintoxicating malt liquor into in a polling place, to drink intoxi- cating liquor or nonintoxicating malt liquor in a polling place, or to be intoxicated in a polling place. The election judges shall not permit an obviously intoxicated individual to vote or remain in the polling place for any purpose. History: 1981 c 29 art 5 s 6; 1984 c 471 s 10; 1984 c 515 s 1; 1986 c 444; 1987 c 266 art I s 35; 1989 c 291 art I s 12; 1991 c 237 s S; 1993 c 223 s 12 NOTES AND DECISIONS 204C.06 Standing in fine by non voters constitutes a gross misdemeanor. Op. Atty. Gen. 182. October 26, 1964. When polling place is held in town garage building, coffee socials may not be held within same building. Op. Atty. Gen. 672K may 10, 19.54. Standing in line by non voters and the abuse of the right to challenge voters constitute gross misdemeanors under Minnesota law. Op. Arty. Gen. 182, October 26, 1964. Former section 204A.37 limited who may be in a polling place while the polls are open. Former section 204A.40 applies after the polls close. Op. Atty. Gen. 182A -5, November 20, 1964. See sections AS. 204C.07, 204C.19 and 204C.21. Statutory violations in the conduct of elections do not of themselves invalidate an election. Munnell v. Rowlette, 275 Minn. 92,145 N.W. 2d (1966). It was not permissible for one of the judges of election on election day to take ballot from polling place to home of sick or disabled person, permit such person tc mark it and then return to polling place and cast it in name of such person. Op. Atty. Gen. 28C -1, November 27, 1935. Section applies to village and town elections. Op. Atty. Gen. 4900, November 19, 1954. 204C.35 LEGISLATIVE AND JUDICIAL RACES. Subdivision 1. Automatic recounts. In a state primary when the difference between the votes cast for the candidates for nomination to a legislative office or to a district judicial office is 100 or less, the difference is less than ten percent of the total number of votes counted for that nomination, and the difference determines the nomination, the canvassing board with responsibility for declaring the results for that office shall recount the vote. In a state general election when the difference between the votes of a candidate who would otherwise be declared elected to a legislative office or to a district judicial office and the votes of any other candidate for that office is 100 or less, the canvassing board shall recount the votes. A recount shall not delay any other part of the canvass. The results of the recount shall be certified by the canvassing board as soon as possible. Time for notice of a contest for an office which is recounted pursuant to this section shall begin to run upon certification of the results of the recount by the canvassing board. A losing candidate may waive a recount required pursuant to this section by filing a written notice of waiver with the canvassing board. Subd. 2. Optional recount. A losing candidate for nomination or election to a legislative office or to a district, county, or county municipal court judicial office may request a recount in a manner provided in this section at the candidate's own expense when the vote difference is greater than the difference required by this section. The votes shall be recounted as provided in this section if the candidate files a request during the time for filing notice of contest of the primary or election for which a recount is sought. The requesting candidate shall file with the filing officer a bond, cash, or surety in an amount set by the filing officer for the payment of the recount expenses. The requesting candidate is responsible for the following expenses: the compensation of the secretary of state, or designees, and any election judge, municipal cleric, county auditor, administrator, or other personnel who participate in the recount; the costs of computer operation, preparation of ballot counting equipment, necessary supplies and travel related to the recount; the compensation of the appropriate canvassing board and costs of preparing fqr the canvass of recount results; and any attorney fees incurred in connection with the recount by the governing body responsible for the recount. History: 1981 c 29 art 5 s 35; 1981 c 187 s 1; 1983 c 253 s 17; 1989 c 291 art 1 s 14; 1990 c 486 s 1; 1993 c 68 s I 7 �0 it ►41u1C:Wla i.alllpaign 1V Callual 2 -04C.36 RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND MUNICIPAL ELECTIONS. Subdivision 1. Required recounts. A losing candidate for nomination or election to a county, municipal, or school district office may request a recount of the votes cast for the nomination or election to that office if the difference between the vote cast for that candidate and for a winning candidate for nomination or election is: (a) Five votes or less when the total vote cast for nomination or election to that office is 100 votes or less; (b) Ten votes or less when the total vote cast for nomination or election to that office is more than 100 but not more than 500 votes; (c) Twenty votes or less when the total vote cast for nomination or election to that office is more than 500 but not more than 2,000 votes; (d) One percent of the votes or less when the total vote cast for nomination or election to that office is more than 2,000 but less than 10,000 votes; or (e) One hundred votes or less when the total vote cast for nomination or election to that office is 10,000 votes or more. Candidates for county offices shall file a written request for the recount with the county auditor. Candi- dates for municipal or school district offices shall file a written request with the municipal or school district clerk as appropriate. All requests shall be filed during the time for notice of contest of the primary or election for which a recount is sought. Upon receipt of a request made pursuant to this section, the county auditor shall recount the votes for a county office at the expense of the county, the governing body of the municipality shall recount the votes for a municipal office at the expense of the municipality, and the school board of the school district shall recount the votes for a school district office at the expense of the school district. Subd. 2. Discretionary candidate recounts. A losing candidate for nomination or election to a county, municipal, or school district office may request a recount in the manner provided in this section at the candidate's own expense when the vote difference is greater than the difference required by subdivision 1, clauses (a) to (e). The votes shall be recounted as provided in this section if the requesting candidate files with the county auditor, municipal clerk, or school district clerk a bond, cash, or surety in an amount set by the governing body of the jurisdiction or the school board of the school district for the payment of the recount expenses. Subd. 3. Discretionary ballot question recounts. A recount may be conducted for a ballot question when the difference between the votes for and the votes against the question is less than or equal to the difference provided in subdivision 1, clauses (a) to (e). A recount may be requested by any person eligible to vote on the ballot question. A written request for a recount must be filed with the filing officer of the county, municipality, or school district placing the question on the ballot and must be accompanied by a petition containing the signatures of 25 voters eligible to vote on the question. If the difference between the votes for and the votes against the question is greater than the difference provided in subdivision 1, clauses (a) to (e), the person re- questing the recount shall also file with the filing officer of the county, municipality, or school district a bond, cash, or surety in an amount set by the appropriate governing body for the payment of recount expenses. The written request, petition, and any bond, cash, or surety required must be fled during the time for notice of contest for the election for which the recount is requested. Subd. 4. Expenses. In the case of a question, a person, or a candidate requesting a discretionary recount, is responsible for the following expenses: the compensation of the secretary of state, or designees, and any elec- tion judge, municipal clerk, county auditor, administrator, or other personnel who participate in the recount; the costs of computer operation, preparation of ballot counting equipment, necessary supplies and travel related to the recount; the compensation of the appropriate canvassing board and costs of preparing for the canvass of recount results; and any attorney fees incurred in connection with the recount by the governing body respon- sible for the recount. Subd. 5. Notice of contest. Time for notice of contest of a nomination or election to a county office which is recounted pursuant to this section shall begin to run upon certification of the results of the recount by the county canvassing board. Time for notice of contest of a nomination or election to a municipal office which is recounted pursuant to this section shall begin to run upon certification of the results by the governing body of 29 tYYO :vuuttesuta t.atnpaign Ntanuai the municipality. Time for notice of contest of a school district election that is recounted under this subdivision begins to run on certification of the results of the recount by the school board. History: 1981 c 29 art 5 s 36; 1987 c 266 art 1 s 47; 1989 c 291 art I s 15 NOTES AND DECISIONS 204C -36 Certificate of proper canvassing board declaring election result is prima facie evidence of result and places on contestant burden of showing that person declared elected did not receive majority of votes. Kearin v. Roach, 381 N.W. 2d 531 (Minn. Ct. App. 1986). 209.02 CONTESTANT; GROUNDS. Subdivision 1. Any eligible voter, including a candidate, may contest in the manner provided in this chapter: (1) the nomination or election of any person for whom the voter had the right to vote if that person is declared nominated or elected to the senate or the house of representatives of the United States, or to a state- wide, county, legislative, municipal, school, or district court office; or (2) the declared result of a constitutional amendment or other question voted upon at an election. The contest may be brought over an irregularity in the conduct of an election or canvass of votes, over the question of who received the largest number of votes legally cast, over the number of votes legally cast in favor of or against a question, or on the grounds of deliberate, serious, and material violations of the Minnesota election law. History: 1959 c 675 art 10 s 2; 1961 c 607 s 1; 1963 c 682 s 1; 1965 c 81 s 4 -6; 1971 c 733 s 3,4; 1974 c 312 s 1; 1978 c 674 s 60; 1981 c 29 art 7 s 38; 1983 c 303 s 23; 1986 c 408 s 2; 1987 c 266 art I s 64; 1990 c 453 s 18 NOTES AND DECISIONS 209.02 Judicial election could not be set aside solely on basis of judicial code violations. Bruns v. Valen, 400 N.W. 2d M Ct. App. 1987). 209.021 NOTICE OF CONTEST. Subdivision 1. Manner; time; contents. Service of a notice of contest must be made in the same manner as the service of summons in civil actions. The notice of contest must specify the grounds on which the contest will be made. The contestant shall serve notice of the contest on the parties enumerated in this section. Notice must be served and filed within five days after the canvass is completed in the case of a primary or special primary or within seven days after the canvass is completed in the case of a special or general election; except that if a contest is based on a deliberate, serious, and material violation of the election laws which was discov- ered from the statements of receipts and disbursements required to be filed by candidates and committees, the action may be commenced and the notice served and filed within ten days after the filing of the statements in the case of a general or special election or within five days after the filing of the statements in the case of a primary or special primary. If a notice of contest questions only which party received the highest number of votes legally cast at the election, a contestee who loses may serve and file a notice of contest on any other ground during the three days following expiration of the time for appealing the decision on the vote count. 30 lY x To: Carl Wolter From: Sy Knapp Date: 9/8/98 Re: Service Award for Ted Willard At our April meeting you asked me to check out the issue of a service award for Ted Willard, who served on the Commission from June, 1990 to December, 1997. Please excuse my delay in doing this -I forgot about it until I reviewed the minutes of that meeting recently However, I now offer the following info from various sources as noted. Carole Blowers advised that service awards have previously taken the form of wall plaques or desk pen sets, all of which were purchased at Viking Trophy located in Robbinsdale. She advised that the wall plaques contained various messages, in various formats (sometimes they were resolutions others were certificates, most were typed others were done in calligraphy). I believe all were 8 1/2" x 11" papers, mounted on a wooden board, with a clear plastic cover. Carole also noted that, in the past, the City Council also presented departing Commision members with wall plaques containing copies of resolutions adopted by the City Council. However, the current ON Manager and Citv Council have decided to discontinue issuance of such Council resolutions. >Ted Willard prefers a wall plaque, rather than a pen set........ >`Barb" at Viking Trophy (537 -3422) advised that plaques and pen sets range in the area of $20 to 40. >Sharon Knutson reviewed recent records and found the following: -the most recent such award was given to Tony Kueffler. She doesn't know what type it was (I think it was a pen set), and the cost was $32.27. -Eric Marquardt recieved a plaque containing a City Council resolution, but there's no record of a separate award from the Commission. Note: Eric served from August, `95 to December `96. p.1 of 2 V (l y -two other members resigned/or had their term expire in 1996 or 1997. i.e.: Byron Brekke who served from June `95 to April `96; and Philip Juaire who served from May `97 to October `97. Neither has received any form of recognition. (However, since their terms were less than one year, a decision may have been made not to do any!) >After discussion of this matter with Sharon, she and I suggest standardizing some form of "Certificate" to be issued by the Charter Commission, and she kindly offered to develop a draft copy for our review and comment. A copy of her draft copy is enclosed. Please review the above, and comment. You may wish to include this on the agenda for our next meeting. Thanks/Sy p.2 of 2 r„ 512 569 3494 P.01i02 �rx Y FAx TRANSMISSION Cr1Y a? Bwoim" Cz1fm 0301 SH tWX CR WA PARKWAY BR=Kt -yx Czwrmt, MN 55430 9 12-51 3306 Fix: S 1 2- 5a9.34 To: Sy Knapp pate: August 28, 1998 Fax A 360 -0108 Pligea: 2, including this cover sit. Frost: Shan Knutson Subject" Char Cow nission Crtif ate of Agpmdactiou Here's a sample cerd&ate of appreciation. 1611er1, in some informadm but it can be changed to whatmm tho Chatter Cammismon would hike to see. 1'bia mAd be panted (m certificate paper which is an ivory color with golden lettering and scaoll border and then pla tw& Let me know what you think. i a at e o. P'P r U, Brooklyn Center Charter Commission Presented to Ted Willard In recognition of your dedicated service to the city of Brooklyn Center as a member of the Chapter Commission June 20, 1990 December 1, 1997 9 Date Ch Commission Chair I C: C I I fCD CD ri to tD Y