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248847 ORIG�IAL�TO CITY CLERK �� CITY OF ST. PAUL FOE NCIL NO. ' ' OFFICE OF THE CITY CLERK U CI R O UTION—GENERAL FORM PRESENTED BY COM M I551 O N E DATF WHEREAS, in an opinion issned Ma� l, 1970, the State Attorney General has adnised the Corporation Counsel that the City Elections Burea� may, with the approval of the City Council, allow the use of City voting machines by schools, labor unions, traternal groups and the like for elections and instructional purposes, pronided that s�ch use i� of no eost to the City and under proper supervision; now, therefore, be it 1�E30LVED, �hat the City Clerk and Co�nissioner of Registration is hereby a�xthorized, in his discretion, to permit th� use of City voting machines under aforesaid circua�stances. FORM APPROVED �_ CORPORATIO COUNSEL' �QY l 4 1970 COUNCILMEN Adopted by the Council 19— Yeas Nays Carlson �AA,Y 1 �4 1970 Dalglish ApprovecL 19— Meredith Tn Favor Peterson ' Sprafka � Mayor A gainst Tedesco Mr. President, Byrne PUBLISHED MAY 16 1970 O , �� '_'/' 1 � STATE OF MINNESOTA � - , OFFICE OF THE ATTORNEY GENERAL • ST. PAUL, MINNESOTA 55101 I �� DOUGLAS M. HEAD � � � �� ATTORNBY GENBRAL �/ii 7 � �"�'�/�1��x� May 1, 1970 . Mr. Daniel A. Klas � Corporation Counsel City of Saint Paul 316 City Hall Saint Paul, Minnesota 55102 • Dear Mr. Klas : In your letter to Attorney General Douglas M. Head, you submit the following FACTS The elections bureau of the City of Saint Paul has for some time permitted schools and colleges and organizations such as labor unions, fraternal groups and the like to use voting machines for elections and instructional purposes at no cost to the city and under proper supervision of an elections bureau employee whose wages are paid by the organization. You ask the following QUESTION May the election bureau of the City of Saint Paul allow voting machines to be used by the afore- mentioned organizations for elections and instruc- tional purposes at no expense to the city where such use is at a time and place whi�h in no way interferes with any primary, general or special election and where the organization provides protection against damage or other loss and pays the cost of adequate supervision of the use of the machines by an elec- tion bureau employee? OPINION You have directed our attention to a prior opinion of the Attorney General, 64-0, July 22 , 1966 (answer to question #3 ) , �� f , Mr. Daniel A. Klas - 2 � May l, 1970 . •� which held that a city is without authority to rent its voting machines to private groups. The opinion said at page 3: "There is no express authority contained in M.S. c. 206 for a city to rent its voting machines to a private organization, nor can such authority be necessarily implied therefrom. " M.S. c. 206, above cited, governs the use of voting machines by municipalities. We have reviewed this chapter in the light of subsequent amendments thereto and have concluded that the above quoted statement remains true at the present time. How- ever, this fact does not compel the conclusion reached in the above opinion. While it is true that c. 206 contains no express or implied authority for a city to rent or otherwise make available its voting machines to a private organization, such authority may be reasonably implied from the express powers granted to the Saint Paul City Council by the city charter. Section 126 of the Saint Paul City Charter declares, in part, that: "The council shall have the full management and full control of the property . . . of the city subject to the provisions of this charter; " Under this broad grant of power, we are of the opinion that . the city council may, in the exercise of its sound discretion, allow the use of city voting machines by private groups, sub- � ject to the conditions specified in your question. Nothing in c. 206 either expressly or impliedly prohibits the use of such machines under these circumstances. Moreover, there is authority ' � ' C r �� Ma 1� 1970 e Mr. Daniel A. Klas --3 Y r � � to the effect that a municipality may gratuitously or for com- pensation permit municipal property to be used incidentally ; s for a lawful private purpose which will not interfere with ; � public use. 38 Am. Jur. , Municipal Corporations § 489; McQuillin, Municipal Corporations (1966 Revised Volume) § 28.42 . We conclude, therefore, that the city election bureau may, with the approval of the city council, allow the use of city voting machines under the circumstances indicated in your ques- � � tion. As so qualified, we answer your question in the affirma- tive. The answer to question #3 in the aforementioned opinion of the Attorney General is hereby overruled. Very truly yours, DOUGLAS M. HRAT� Attorney General . ��/C/ r � ',��,��I •:�"V �/ i . �� r � ICHAEL R. GALLAG ER ;� Special Assistant� Attorney General DMH:MGR:sd `.,�L,�'��..`�� DU'PLICAYE TO PRINTER CITY OF ST. PAUL �LENCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION-GENERAL FORM PRESENTED BY COMMISSIONER DATF w�3EREAS, in an opinion issued May l, 1970, the S�ate Attorney General has adviaed the Co=poration eounsel that the City Elections Bureau may, wi�h the approval of the C3.ty Council, allow the use of City votinq machines by schools, labor unions, :Eraternal groups and the like for elections and instructional purposes, provided �hat such use 18 of no cost to the City and under proper supervisionf now, therefore, be it RESOLVED, That the City Clerk an�l Commissioner of Registration is hereby authorized, in his discre�ion, to perm.it the use of City voting machines under aforesaid ciraumstances. ��` � =: ��,��° COUNCILMEN Adopted by the Council 19— Yeas Nays ,',iA,°� � a ��,,,� Carlson � �� Dalglish Approved 19— Meredith �n Favor Peterson Mayor Sprafka gainst Tedesco Mr. President, Byrne �