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272037 , .,�,;� ,� VNHITE - CITV CLERK P.,� I • ;� PINK - FINANCE G I TY O F SA I NT PA U L Council CANARV - DEPARTMENT BIUE - MAVOR . Flle NO. ou c ' ol tion Presented By r` ��'��"�''� Referred To Committee: Date Out of Committee By Date Whereas, The Council of the City of Saint Paul has duly canvassed the returns of t,he votes cast at the County and State General Election held in said City on the 7th day of November, 1978, upon the ratifica- tion or rejection of an Amendment to the City C.harter to provide that all elections for the office of mayor and cpuncil be held on a non- partisan basis, with no party designation on the ballot for such off- ices, and Whereas, It appears from said returns a.nd the canvass thereof that 39,902 voted in favor of the adoption of said Amendment to the City C.harter and27,575 voted against the adoption thereof, and Whereas, Minnesota Statutes, Section �10.12, provides that such Amendment to the City Charter must be approved by a 51f vote of those lawfully voting thereon, and 59.13� of those lawfully voting thereon voted in favor of such approval, therefore, be it Resolved, That sai.d Amendment to the City Charter is hereby declared to have received in excess of 51� favorable votes of the votes cast at the said Election, and to have been adopted, and be it Resolved Furt.her, That a certified copy of the Amendment and a certified copy of this resolution signed by the Mayor and the City Clerk, shall be filed with t.he Secretary of State of the State of Minnesota, and a certified copy of the Amendment and a certi�ed copy of this resolution, signed by t.he Mayor and the City Clerk, be recorded with the Register of Deeds of Ramsey County, State of Minnesota. COUNCILMEN Requested by Department of: Yeas Nays � � [n Favor Hunt Levine __�__ Against BY Maddox Showalter Tedesco Form Approv by City Attorney Adopted by C Date ��_�— r�. Certif Passed Co .� Secret�ry B tapp by Nlavor: D =_� ��j �78 Approved by Mayor for Sub ssion to Council BY — — BY pUBUSHED N OV 2 5 �g7& f ollow s: Section 1. New Section 7. 09, to be included in Chapter 7 of the City Charter, is hereby adopted, to read as follows: "Sec. 7. 09. Nonpartisan Election. Notwithstanding any other provision of law, all elections for the office of mayor or council member shall be held on a nonpartisan basis, w ith no party designation on the ballot for such offices. Section 2. Section 7. 08 of the City Charter is hereby amended to read as follows: "Sec. 7. 08 Election Procedure. Except where in conflict with the provisions of this charter, -T-l�e the conduct and procedure of all elections shall be governed by applicable statutes, together with supplementary ordinances pa.ssed by the council. " Section 3. These amendments to the City Cha.rter shall take effect in 30 days from the date of the election at which such are approved in accordance w ith law. Adopted: September 13, 1978 -2- , � � zo 3 � . . SAINT PAUL R COMMISSI � �'��.•��. ��.��' �� .�� M�� S�� 1 �,�� F��,� SAINT PAUL, �., MINNESOTA 55102 Cour7��ii N��s,derri , Uavid H., I�ozza September 14, 19 78 , �� Mr. David H. Hozza, President ` Saint Paul City Council �� ; 719 City Hall `` Saint Paul, Minnesota 55102 , Dear Mr. Hozza: The Saint Paul City Council, by a resolution adopted August 8, 1978, C.F. No. 271604, requested that the Charter Commission conduct hearings on the subject of alley filing and party designation. In compliance with that request, the Charter Commission considered the question at a special meeting on August 31, 1978, and conducted a public hearing on September 13, 1978, at 7 P.M. in the Council Chambers at City Hall. As a result of these meetings the Charter Commission has determined that the two questions are separate and distinct and should be handled sepa- rately. It was felt that the question of alley filing required more study and discussion by the Charter Commission and will be considered at future meet- ings. However, it was felt that the question of party designation at city elections was a proposal which is easily understood by all of the electorate and that there has been shown to be significant support for subx�itting this question to the electorate at any early date and at an election at which there will be participation by a large number of the electorate. The Charter Commission, following the hearing on September 13, 1978, passed a formal resolution, a copy of w.hich is attached., requesting the Saint Paul City Council to place on the ballot a specific proposal to amend the City Charter so as to provide that all elections for the office of mayor or city council member shall be on a nonpartisan basis with no party designation on the ballot for such offices. It is our understanding that this proposal will appear on the ballot at the general election to be held in November, 1978. Yours very truly, � p�� + TQ:rn Timoth P. Quinn, President enc. Saint Paul Charter Commission cc: Mayor George Latimer Members of the City Council Members of the Charter Commission 22 „ w SAINT PAUL C R COMMISSION c SAINT PAUL, �,. MINNESOTA 55102 RESOLUTION OF THE SAINT PAUL CHARTER COMMISSION WHEREAS, The Saint Paul Charter Commission, pursuant to the Saint Paul City Council resolution, C.F. No. 271604, adopted August 8, 1978, was requested to hold hearings on the subject of alley filing and party designation in Saint Paul city elections, and WHEREAS, The Charter Commission conducted a special meeting on August 31, 1978, to consider the subject matter of alley filing and party desig- nation and conducted a Public Hearing on September 13, 1978, on the subject matter of alley filing and party designation and received testimony and views from many persons and organizations, including public officials, and WHEREAS, It appears that alley filing and party designation went into effect in the Saint Paul CityElections as a result of acts of the State Legis- lature, subsequent to the adoption of the present City Charter, and WHEREAS, Alley filing and party designation involve two separate and distince principles of government and should be considered separately, and WHEREAS, The question of alley filing requires additional study and will be further considered at future meetings of the Charter Commission, but it appears that there is significant support for a proposal to allow the electorate to determine whether or not there should be party designation at city elections and that the question should be presented to the electorate at an election which will be participated in by a large number of the electorate, NOW, THEREFORE, BE IT RESOLVED, that the Charter Commission of the City of Saint Paul hereby proposes that the Charter of the City of Saint Paul be amended to abolish the general law requirement of partisan or party designation for elections for the offices of mayor and city council member; and be it FURTHER RESOLVED, that the City Council is requested to fix the form of the ballot and publish the amendment as required by law; and be it FURTHER RESOLVED, that the proposed amendment shall read as �•za . � . � �° i �► _ 1 � . Y ., � �.. � IC f ._• � �� : `'" `•, CIT OF SAINT PAUL � � r' " � OFFICE OF THE CITY ATTORNEY � , Z ` ;,:�.;-� �. ��,,::;i:� >, , • SUZANNE E. FLINSCH, CITY ATTORNEY •� 647 City Hall, Saint Paul,Minnesoia 55102 George Latimer 6'12-296-512� Mavor . ' ♦ August 2, 1978 � �� Councilwoman Ruby Hunt . ��y� . Room 722 City Hall � BUILDING Dear Councilwoman Hunt: In your letter of June 27, 1978 you set forth the following facts. The present election procedure for the City of Saint Paul requires both party designation and alley filing. Neither procedure was established by the City Charter. In fact, both procedures were established by state taw. You alsc state that the vote.�s of � Duluth eliminated party designation and returned to nonpartisan elections by inserting a nonpartisan provision into the Duluth City Charter. You th�n ask the following questions. 1. Can the City, through Charter amendment, eliminate the requirement of party designation for candidates. 2 . Can the City, through Charter amendmerit, eliminate the requirement of alley filing in local elections . The answers to both questions are in .the affirmative, and the ;�asis for �sch reply ia as follows. As stated above, the present procedures for City elections require both partisan elections and alley filing for all candidates for council office and partisan election for 1`�layor. Both requirements were established by state law. . The requirement of a partisan e�ection for the office of Mayor and City Council is established by Minn. Stat. �S 205.17 (2) which s�ates as follows: "Subd. 2. In all cities of the first class , for the regular municipal election, the city clerk shall prepare and cause to be printed in blocks of 50 a �partisan ballot upon which the � names of all candidates for the office of mayor and for the city council are printed, and a non- partisan ,�allot upon which the n�es of all �:-= ,.; -•�� . �_ �" Councilwoman Hunt Page Two August 2 , 1978 candidates for all other city offices are printed. The partisan ballot shall be printed on light orange paper and shall be . headed "Partisan City Election Ballot" . The nonpartisan ballot shall be printed . on light green paper and shall be headed "Nonpartisan City Election Ballot" . Both ballots shall state the name of the city, the date of the elections and otherwise conform to the white ballot used at the general election. The names of the candi- dates on the nonpartisan ballot shall be rotated in the manner prescribed for the rotation of names on nonpartisan ballots in state elections. On the partisan ballot the name of the candidates for mayor shall be placed first. The- order of the names of the candidates shall be in the manner pre- scribed fo� state elections. " � This provision was added to Section 205. 17 by r4innesota Session Laws 1973, Chapter 387. The requirement of the alley system for city elections was established by Minnesota Session Laws 1973, Chapter 691 (2) , which states as follows : � "Sec. 2. ST. PAUL, CITY OF; ALLEY SYSTEM OF ELECTING COUNCIL. Subdivision 1. Sixty • days after this section becomes effective the city council of the city of St. Paul shall designate each council seat, whether occupied or not, by a separate letter of the alphabet. Each so designated council seat shall be deemed a separate office for the city election of 1974 and thereafter. Any incumbent member of the city council running for election or re-election to the city council shall be a candidate for that office only of�which he was an incumbent. Each person desa.ring to have his name placed on the primary ballot shall state in his _ , _ . . . `' �. Councilwoman Hunt Page Three August 2 , 1978 affidavit of candidacy which designated council seat he is a candidate for. The names of the candidates for each council • seat shall be rotated on the ballots to avoid any appearance of preference for � incumbents. Incumbency shall not be indicated on the ballots. Except as herein provided the laws relating to the election of the council of the city of St. Paul shall continue to apply. " This law was approved by the City Council by C.F. No. 262641, dated November 2S , 1973. In surunary, the requirement of partisan elections for the office � of the Mayor and City Council was created by a general State law, and the requirement of the alley system was established by a special State law, applying pnly to the City of St. Paul. However, there is a State law and an Article of the State Consti- tution which would provide for elimination or amendment of such � requirements through amendment of the St. Paul City Charter. First, Minn. Stat. § 410. 21 states as follows: "The provisions of any charter of any such city adopted pursuant to this chapter shall be valid and shall control as to nominations, primary elections, and elections for municipal offices , notwith- standing that such charter provisions may � be inconsistent with any general law relating thereto, and such general laws � shall apply only insofar as consistent with such charter. " This provision clearly indicates that in areas of conflict , between the City Charter and general State laws dealing with municipal elections , the charter will prevail. The present City Charter was established pursuant to Chapter 410 of Minnesota Statutes, and therefore Section 410. 21 would apply to the issue " at hand, ti Second, Article 12 , section 2 of the Minnesota Constitution states as follows: � . .. . . f' �� Councilwoman Hunt Page Four August 2 , 1978 "Sec. 2 . Every law which upon its effective date applies to a single local , government unit or to a group of such • units in a single county or a number of contiguous counties is a special law and - shall name the unit or, in the latter , case, the counties to which it applies. The legislature may enact special laws relating to local government units, but a special law, unless otherwise provided by general law, shall become effective only after its approval by the affected unit expressed through the voters or the governing body and by such majority as the legislature may direct. Any special � law may be modified or superseded by a later home rule charter or amendment applicable to the Same local government unit, but this does not prevent the adoption of subsequent laws on the same subject. The legislature may repeal any existing special or local law, but shall not amend, extend or modify any of the same except as provided in this section. " This article provides that a charter may be amended to supersede or eliminate a special law, such as the special law that estab- lished the alley system for St. Paui elections. In summary, the partisan voting requirement for the Mayor' s office and the City Council office was established by general law and the ailey system was established by special law. Section 410. 21 pro- vides that the City Charter shall prevail over any conflicting State general laws dealing with elections. Article 12, section 2 , of the Minnesota Constitution provides that State special laws may be modified or superseded by a home rule , charter. 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No.?�?037, ., w November 14 78 � a.a a.dop�ed 6y �:he Ci,t� Counc.i.e ... . ..... .. .. .. .. .'. .. .. .19 . .. � November 16, 78 N and appnoved by �he Mayan ... . .. .. .. .. .. .. .. . . .. . 19. .. .. . .. .. . ,s, w,i.t'h �'he o�c.i.g�,na,� �'he�c.e.o g on S.i..P.e �.n my o�S.i.ce. v .. . .. . .. . ... .. . . .. .. . . . .. .. .. .. ... . .. .... . . . . . . . ... . . ... ... . .. .: . .. . . . .. .. . . . . .. . . . . . . . .. . . . . .. . .. .... . . .. .. .. .. . .. . . .. . .. . . . . . . .. . . . . . . . . . . . . . . . .. . . .. . . . . . . . . .. . . .. . . .. .... .. . . . . . . . .. .. .. . ... . . ... . .. . . . . .. .. .. .. . .. ..... .. .. ... .... . .... . .. . .. . .. . . . . .. . . . . .. . .. . . . . . . . . ... . . . . . . . .. . . .. . . .. . . .. .. . . . . . . . . ... . . . .. . .. . . .. . . . . . .. .. . . . .. . . . . . . . .. . .. .. . . .. .. .. . .. .. . .. . .. . ... . . . . . . . . . .. . . . . .. . . . .. .. . . .. . . . . . . .. ... .. ... .. . . . . . . ... .. . . . . . .. . . . .. . .. . . . .. . . . . . .. .. .. . . .. . . . . . . .. . . . . . . .... . . .. . . .. .... .. .. .. . .. . . . .. .. .. . . . . . . . . ... . . . . .. . . . ... .. . .. . . . .. . . . ... . .. .. .. . .. . . . . ... . .. . . . . . . .. . . . . . . . . . . . .. . . . .. . . . . . .. . . . .. . ... .. . ... .. . .. . �:,, 1 �cvr,th¢n cen.t,i.�y �'hcct e a.i.d cop y .i.a a .t�cu.e and co�vicec,t copy o� s a.id an.i.g.i.na.e and �h.e who.�e �'h.eneo�. ' G/ITN�SS m y hand and �he a ea,e a� �h.e Ci�y o� Sa,i.n� Pau.2, _ � °,;s; I�li.nn. �'ht,b . ,,29th� . day o� . .. ... ember . . . . . ..A.U. 19.78. .. . ��C. q`5 r - a.3p� . w.n.�*�.'.�t , _ , i r � • � • •� • •• • • • �• • • •• • • •• •� �� • • � • lM.l, 4(..Cl�rC . 1 , - , _ �� _ I b U W '� I'. Jn_ � IITE - CITY CLEFiK ` � �,��.�`�� Mn ► - FINANCE G I TY O F SA I NT PA U L Council CANARV�r- DEPARTMENT File NO. DLUE -�MAVOR ' � � � ou c ' R�o tion Presented By '� �`�� Referred To Committee: Date Out of Committee By Date n � �,� . � Whereas, The Council of the City of Saint Pau1 has duly canvassed the returns of the votes cast at the County and State General Election 4 held in said City on the 7th day of November, 19?8, upon the ratifica- � tion or re�ection of an Amendment to the City Charter to provide that all elections for the office of mayor and council be Yield on a non- partisan basis, with no party designation on the ballot for such off- ices, and Whereas, It appears from said returns and the canvass thereof that 39�902 voted in favor of the adoption of said Amendment to the City Charter and27,575 voted against the adoption thereof, and Whereas, Minnesota Statutes, Section �+10.12, provides that such Amendment to the City Charter must be approved by a 51� vote of those lawfully voting thereon, and 59.13� of those lawfully voting thereon voted in: favor of such approval, therefore, be it Resolved, That said Amendment to the City Charter is hereby declared to have received in excess of 51� favorable votes of the votes cast at the said Election, and to have been adopted, and be it Resolved Further, That a certified copy of the Amendment and a certified copy of this resolution signed by the Mayor and the City Clerk, shall be filed with the Secretary of State of the State of Minnesota, and a certified copy of the Amendment and a certiffed copy of this resolution, signed by the Mayor and the City Clerk, be recorded with the Register of Deeds of Ramsey County, State of Minnesota. COUNCILMEN Yeas Nays Requested by Department of: ��' � In Favor ..i�etsa Hunt Levine �__ Against BY Maddox _ Showalter Tedesco Form Appro by City Attorney , Adopted by C Date �–` - —�� __/ �� Certi[ Yassed Co .' Secret�ry � B3"� �_—'�-' App � by Mavor: D uAV ��, 197� Approved by Mayor for Sub siiri'sion to Council By' BY �,B��sHEO r,ov 2 5197a � ' L . I SAINT PAUL C ! R COMMISSION � � � - (� SAINT PAUL, . ,.. MINNESOTA 55102 _ � o� � RESOLUTION OF THE SAINT PAUL CHARTER COMMISSION WHEREAS, The Saint Paul Charter Commission, pursuant to the Saint Paul City Council resolution, C.F. No. 271604, adopted August 8, 1978, was requested to hold hearings on the subject of alley filing and party designation in Saint Paul city elections, and WHEREAS, The Charter Commission conducted a special meeting on August 31, 1978, to consider the subject matter of alley filing and party desig- nation and conducted a Public Hearing on September 13, 1978, on the subject matter of alley filing and party designation and received testimony and views from many persons and organizations, including public officials, and WHEREAS, It appears that alley filing and party designation went into effect in the Saint Paul CityElections as a result of acts of the State Legis- lature, subsequent to the adoption of the present City Charter, and WHEREAS, Alley filing and party designation involve two separate and distince principles of government and should be considered separately, and WHEREAS, The question of alley filing requires additional study and will be further considered at future meetings of the Charter Commission, but it appears that there is significant support for a proposal to allow the electorate to determine whether or not there should be party designation at city elections . and that the question should be presented to the electorate at an election which will be participated in by a large number of the electorate, NOW, THEREFORE, BE IT RESOLVED, that the Charter Commission of the City of Saint Paul hereby proposes that the Charter of the City of Saint Paul be amended to abolish the general law requirement of partisan or party designation for elections for the offices of mayor and city council member; and be it � FURTHER RESOLVED, that the City Council is requested to fix the form of the ballot and publish the amendment as required by law; and be it FURTHER RESOLVED, that the proposed amendment shall read as ' 3 �?� -. / �• ' � ' �1 � '� � � - follows: Section 1. New Section 7. 09, to be included in Chapter 7 of the City Charter, is hereby adopted, to read as follows: "Sec. 7. 09. Nonpartisan Election. Notwithstanding any other provision of law, all elections for the office of mayor or council member shall be held on a nonpartisan basis, with no �art,y designation on the ballot for such offices. Section 2. Section 7. 08 of the City Charter is hereby amended to read as follows: "Sec. 7. 08 Election Procedure. Except where in conflict with the provisions of this charter, T�e- the conduct � and procedure of all elections shall be governed by applicable statutes, together with supplementary ordinances passed by the council. " Section 3. _ These amendments to the City Charter shall take effect in 30 days from the date of the election at which such are approved in accordance w ith law. Adopted: September 13. 1978 _ � 1 . - - 'i� �;. � � � � � � � a�{ � � t� h�+ (�D =�` v9 � �"n7 � � � � � p � � � � � f� � �� $ � � � � � ^ � . � $ � � � �: � � � o � �'1 � � � 0�� ° r► � � N � � � `� „�. o 0 o a �' � � O '``� 7� �' � " �" �� x+ � � � � dV �►� , t*t ' �. � .-. � � a 6tdRi � i� a, � � N � o V1 3 � � � Q1 �1� � O � � � � � � q7 �N � � � ' �a...• `� 4 m d `� �' � 3 , '�'`'� _ � N (l� � Z � a .� �;,, :� �; 1 t!� o � � � ' , � T � �' ' � ��w N°'` � � �' � � '�' �' � ��