08-693Council File # 08- �a�3
Green Sheet # 3� lo l �k 1
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WHEREAS, Chapter 7 of the Saint Paul City Charter provides for the election of city officers; and
WHEREAS, on June 4, 2008, representatives of the Saint Paul Better Ballot Campaia submitted a petition seeking an
amendment to Chapter 7 of the City Charter that would requue the use of a single uansferable voting system known as Instant
Run-Off Voting ("IRV") for the election of city officers; and
WHEREAS, on June 16, 2008, the Ramsey County Elections Manager, acting on behalf of the City Clerk, by letter certified the
petition sib atures as sufficient to place IRV on the ballot for the November, 2008, election; and further expressed concerns with
IRV's legality, the unavailability of sufficient voting equipment for IRV, City budget concerns due to an estimated $1.5 million
in increased costs and the creation of conflicting voting systems between the School Dishict and the City of Saint Paul; and
WfIEREAS, in response to a request for advice from the Council President, on June 18, 2008, the Saint Paul City Attorney,
opined that: 1) The City Council, to avoid a futile election and a total waste of ta�cpayers' money, has well established legal
authority to refuse to place on the ballot a petition for a charter amendment if it finds that the proposal is manifestly
unconstitutiona] or otherwise legally insufficient, and 2) IRV is ]ikely conhary to Minnesota Statutes § 205.02 and violates the
Mmnesota Constitution; and
WHEREAS, the Ciry Attorney's legal reasoning and conclusions on IRV aze consistent with numerous past legal opinions
rendered by the Minnesota Attorney General; and
WHEREAS, the voters of the City of Minneapolis approved the use of IRV for its City elections leading to a now-pending
lawsuit against the City of Minneapolis to prohibit the use of IRV, for which the City of Minneapolis is currenUy using
t�payers' money and resources to legally defend IRV; and
WHEREAS, the Ramsey County Elections Manager, by a letter dated June 23, 2008, advises that by law he must receive any
ballot question no later than September 12, 2008, and that to ensure the prepazation of absentee ballots he would need the
question no later than August 27, 2008.
NOW THERFORE BE IT RESOLVED, that upon, review and consideration ofthese issues, the City Council finds as follows:
L That the petition includes the number of valid signatures of registered voters in the City of Saint Paul required by
Minnesota Statutes § 41012, Subd. 1(2006).
2. That the courts of Minnesota aze likely to fmd IRV is manifestly unconstitutional and unauthorized under
Minnesota law.
3. That if IRV be approved by the voters, implemented, and later enjoined by the courts, the City of Saint Paul would
suffer a futile election and a total waste of a significant amount of taxpayers' money to implement and defend IRV,
and would also lead to an extended period of confusion and uncertainty surrounding the fundamental right ta yote.
A Resolution Declining to Place a Ballot Question on the November, 2008, City Election Ballot for a Charter Amendment to the
Saint Paul City Charter that would Require Instant Run-Off Voting for Saint Paul City Elections.
b�'l� 13
43 BE IT FURTHER RESOLVED, that the City Council, based upon well established Minnesota case law, declines to fix the form
44 of the ballot and directs the City Clerk and the Ramsey Counry Elections Manager to not place the proposed IRV amendment to
45 the qualified voters at the 2008 general election.
Yeas Nays Absent Requested by Depariment oE
Boshom �/
Carter ,/
Harris ,, By:
Helgen � Approved by the Office of Financial Services
Stark ✓ B y'
Thune / Approved b3� 'ty Attorney
� By: � � ,
Adopted by Council: Date Approved Mayor for Submission to Council
Adoption Certified by CQuncil Secr By:
�7 /
By: // //in. � '
Approve y Ma or: Date �� �
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
b$�1�93
CO �omcil
CoMaM Person ffi Phone:
Ellen Biales
266-56��
Must 6e on Council Agentla by (�ate):
02JUL-08
Doc.Type: RESOIUTION
E-Document Required: Y
Document Contact: Jean Birkholz
Contact Phone: 266-8673
2SJUN-08
�►
Assign
Num6er
For
Routing
Order
Total # of Signature Pages _(Clip All Lowtions for Signature)
Green Sheet NO: 3056141
O 090CII
1 ouncil De artmentlTrector
2 " Clerk Cti Clerk
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Declining to Place a Ballot Question on the November 2008 City Election Ballot for a Charter Amendment to the Saint Paul City
Charter that would Require Instant Run-Off Voting for Saint Paul Ciry Elections.
iaaiions: Approve (A) or Ke]ect (R): Personal service contracts must Answer tne Fouow�ng ciuesnons:
Planning Commission 1. Has this persoNfrm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
AdvanWges IfApproved:
Disadvantages If Approved:
DisativanWges If Not Approved:
Transaction:
Funding Source:
Financial Information:
(F�cplain)
CosURevenue BudgMed:
Activity Number.
June 26, 2008 935 AM Page 1