08-694Amended Julv 2, 2008
�' Council File # /,V�
Green Sheet # 5(o Z
0
10
11
12
13
14
15
16
17
WHEREAS, on June 16, 2008, the Ramsey County Elections Manager, acting on behalf of the City Clerk,
by letter certified the petition signatures as sufficient to place IRV on the ballot for the November, 2008,
election; and fiuther expressed concems with IRV's legality, the unavailability of sufficient voting
equipment for IRV, City budget concerns due to an estimated $1.5 miliion in increased costs and the
creation of conflicting voting systems between the School District and the City of Saint Paul; and
WHEREAS 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
taxpayers' 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 unconstitutional or otherwise legally
insufficient, and 2) IRV is likely contrary to Minnesota Statutes § 205.02 and violates the Minnesota
Constitution; and
18 WHEREAS on July 2, 2008, after considering the foregoing, the City Council by resolution found that:
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
That the petition includes the number of valid signatures of registered voters in the City of Saint
Paul required by Minnesota Statutes § 410.12, Subd. 1(2006).
2. '�That the courts of Minnesota are likely to find 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 to vote; and
WHEREAS by the same resolution, the City Council fiu•ther resolved, based upon well established
Minnesota case law, to decline to fix the form of the ballot and directed the Ciry Clerk and the Ramsey
County Elections Manager to not place the proposed IRV amendment to the qualified voters at the 2008
general election; and
37 WIIEREAS, the City Council respects the efforts of the petitioners and the signers of the petition and is
38 willing to reconsider this matter when the case of Minnesota Voters Alliance, et aL, v. City of Minneapolis,
39 et al., Fourth Judicial District, State of Minnesota, Court File No.: 27-CV-08-35, is finally concluded.
40
WHEREAS, on June 4, 2008, representatives of the Saint Paul Better Ballot Campaign submitted a petition
seeking an amendment to Chapter 7 of the City Charter that would require the use of a singie transferable
voting system lrnown as Instant Run-Off Voting ("IRV") for the election of city officers; and
og����
41
42
43
44
45
46
47
48
NOW THEREFORE, BE IT RESOLVED that it is the intent of the City Council to reconsider this matter
when the case of Minnesota I�oters Alliance, et al., v. City of Minneapolis, et al., Fourth Judicial District,
State of Minnesota, Court File No.: 27-CV-08-35, is fmally concluded. and
BE IT FINALLY RESOLVED
as constitutional, it
and its sienees hv fix
he intent of the
the form of the
case
i3;iil
IRV
voters at
Requested by Department of:
v''
✓
Stark
Thune
Adopted by Council: Date
By:
Approved by the Office of Financial Services
By:
Approved ity Atto
Approved by Mayor for Submission to Council
Adoption Certified by Coun 1 Secreta�(y g
BY� !/ ///ef/L1 //�%v_lt�/I
Approved o . Date ��,Q"�p�
By- ��P_�� ,�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�-�y�
CO �auncil
Contact Person & Phone:
Eilen Biales
266-8671
Must Be on Council Agentla by (Date)
02-JUL-08
Doc. Type: RESOLUTION
E-Document Required: Y
Document ConWCt: Jean Birkholz
Contact Phone: 266-8673
25JUN-08
y
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3056142
0 oun�il
1 ounnl De ar�eni Director
2 " Attorne C7 Clerk
3
4
5
Expressing the Council's in[ent [o reconsider the Charter amendment on Instant RunlJff Voting pending a decision in the case of
Minnesota Voters Alliance, et al. v. the City of Minneapolis.
itlations: Approve (A) 0� R
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firm ever worked under a contract for this department?
Yes No
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 sepaate sheet and attach to green sheet
Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financial Information:
(Explain)
Activity Number:
CosVRevenue Budgeted:
June 25, 2008 3:41 PM Page 1
�-���
Proposed Amendment Langua�e for IRV Resolution, A�enda Item # 17
BE IT FINALLY RESOLVED that if the above referenced case ultimately
establishes IRV as constitutional, it is the intent of the City Council to honor
the certified petition and its signees by fixing the form of the ballot to place
the proposed IRV amendment to the qualified voters at the next general
election possible.