Laws governing local ballot measures in Minnesota

Laws Governing Local Ballot Measures

State-by-State Laws Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming

Terms

Initiative • Home rule • General law city • Charter city • Petition • Circulation period • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative tampering • Registered voter

Minnesota Constitution
Articles
Preamble • I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV

Some Minnesota local governments have an initiative process for local ballot measures. This article sets out the laws governing local ballot measures in Minnesota. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

Local government in Minnesota consists of 87 counties, 854 cities, and 1,785 townships. There are also 569 special districts and 338 independent school districts.

Further classifications:

Counties may be:

• General law: of which there are 86
• Home rule charter: of which there is 1 (Ramsey County)

Cities may be:

• Statutory (general law): of which there are 747
• Home rule charter: of which there are 107

School districts

See also: School bond and tax elections in Minnesota

Minnesota requires a ballot measure to issue new bonding for schools, to exceed the revenue cap, or to equalize a levy. Minnesota only mandates a simple majority for passing school bond ballot measures; however, the measures must be placed in a goldenrod ballot separate from the main ballot during an election. Also, citizens are granted the right to petition for special elections related to school bonds.

Local recall rules

For additional detail, see: Laws governing recall in Minnesota

Campaign finance rules

See also: Campaign finance requirements for Minnesota ballot measures

Initiative process availability

Charter cities have a mandated initiative process for citizens to petition for and vote on charter amendments. Charter cities also have authority to allow initiative for ordinances. Some have granted this power to citizens, others have not. The information for the top 10 most populated cities in Minnesota, 8 of which operate under a charter, is provided below.

Citizens in general law cities do not have broad initiative power to propose ordinances, but there are specific state statutes that grant a petition process for limited subject matter..

Ramsey County, as the only charter county, permits initiative for charter amendments and county measures.

Authority

Ballot Law Portal

Laws Governing Ballot Measures

Constitution

Minnesota Constitution, Article XII, Section 5 authorizes city charter amendment through an initiative petition.

Statutes

Minnesota Statutes Section 410.12 also governs city charter amendment petitions. Individual charters may contain additional requirements. See law: Minn. Stat. Sec. 410.12

Following state law, the Secretary of State enacted rules regarding circulated petitions. See law: Minn. Stat. Sec. 204B.071 2012 Election Rules Chap. 8205

Initiative process features

A guide to local ballot initiatives

Charter cities

Charter amendment   The initiative process for amendments to city charters is governed by the Minnesota Constitution, Article XII, Section 5, and the Minnesota Statutes Section 410.12, as well as petition rules enacted by the Secretary of State. Individual city charters may contain additional requirements. Minnesota Constitution, Article XII, Section 5Minn. Stat. Sec. 410.12Minn. Stat. Sec. 204B.071 2012 Election Rules Chap. 8205 Subject matter restrictions: Charters can provide for the regulation of all local municipal functions (Minn. Stat. 410.07). Proposals for charter amendments should be germane to the powers and authorities of the city, or to issues related to the city’s governmental structure. Petition form: Form and content are governed by the Minnesota Statutes Section 410.12 and rules of the Secretary of State. Local election officials should have sample petitions which comply with these requirements. Each petition must contain the names and addresses of 5 electors as the responsible petitioning committee. Petitions should include the full text of the proposed amendment. However, in the case of a proposed amendment containing more than 1,000 words a copy may be filed with the city clerk and the petition shall then contain an approved summary. (Minn. Stat. Section 410.12, Secretary of State Election Rules Chap. 8205) Signature requirement: 5% of the total votes cast at the last previous state general election in the city. (Minn. Stat. Section 410.12; Minn. Const. Art. XII, Section 5) Circulation period: Petitions must be submitted at least 17 weeks before a general election. (Minn. Stat. Section 410.12) Submitting signatures: All petition papers for a proposed amendment shall be assembled and filed with the charter commission as one instrument. The commission transmits to the council and clerk for certification. If an insufficiency is found, petitioners have 10 days for amendment. (Minn. Stat. Section 410.12) Election procedure and results: Amendments shall be submitted to the qualified voters at a general or special election. 51% approval is required to pass an amendment. (Minn. Stat. Section 410.12)

Local I&R Laws in the 50 States

Source:Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Initiative in the top 10 most populated cities

List of Most Populated Cities in Minnesota
City	Population	City Type	Next election
Minneapolis	387,753	Charter	11/5/2013
St. Paul	288,448	Charter	11/5/2013
Rochester	107,890	Charter	11/5/2013
Duluth	86,277	Charter	11/5/2013
Bloomington	84,057	Charter	11/5/2013
Brooklyn Park	76,853	Charter	11/4/2013
Plymouth	71,561	Charter	11/4/2013
St. Cloud	66,169	Charter	11/4/2013
Eagan	64,765	General law	No I&R
Woodbury	62,787	General law	No I&R

8 of the top 10 most populated cities in Minnesota are governed under a home rule charter. Initiative is available for charter amendments as detailed above. In addition, 6 of those charters have enacted initiative for ordinances. The provisions below come from the specific city charter or code. Click on the citation links to read the full requirements for the initiative process. Sample petitions may be available from local election officials.

Individual city provisions   Minneapolis Population as of the July, 2011 census update: 387,753 Neither the Minneapolis charter nor city code contain provisions for initiative petitions to enact ordinances. Charter amendments may be proposed by petition under state law, as detailed above. St. Paul Population as of the July, 2011 census updates: 288,448 Charter city The signature requirement is 8% of those who voted for the office of mayor in the last preceding city election. Petition form requirements can be found in the St. Paul Charter, Section 8.02.1-.4. Petitions are filed with the city clerk. After certification, the council has 60 days to pass the measure without alteration or it shall be placed on the ballot at the next general election in the city which occurs on or after the 120th day from the filing of the petition with the city clerk. St. Paul Charter, Chap. 8 Rochester Population as of the July, 2011 census update: 107,890 Charter city Neither the Rochester charter nor city code contain provisions for initiative petitions to enact ordinances. Charter amendments may be proposed by petition under state law, as detailed above. Duluth Population as of the July, 2011 census update: 86,277 Charter city The signature requirement is 10% of the total ballots cast at the last preceding general municipal election at which members of the council were elected. If petitioners seek a special election, 20% of the ballots cast at the last general municipal election is required. Some petition form requirements can be found in the Duluth Charter, Section 50,51. Petitions are filed with the city clerk. After certification, the council has 20 days to adopt the ordinance or submit it at the next general election occurring after 25 days from certification. If signatures equal 20%, the council may adopt the measure, but must otherwise call a special election, to be held not less than 40, nor more than 50 days after such a call. Duluth Charter, Section 51 Bloomington Population as of the July, 2011 census update: 84,057 Charter city The signature requirement is 10% of the total number of votes cast at the last preceding regular municipal election. Signatures from 15% can force a special election. 5 registered voters, as the petition committee, must file the proposed ordinance with the city attorney and clerk for form approval prior to circulating. The charter specifies that circulators may not be paid. After certification, the council has 65 days to pass, or shall submit at the next regular municipal election. If signatures equal 15%, a special election shall be held in not less than 30 nor more than 45 days (unless there is regular election within 3 months, then they can use it). Restrictions: The charter specifies that initiative is not available for an ordinance appropriating money or authorizing the levy of taxes Bloomington City Charter, Chap. 5 Brooklyn Park Population as of the July, 2011 census update: 76,853 Charter city The signature requirement is 15% of the total number of votes cast in the City of Brooklyn Park at the last Gubernatorial election. 5 registered voters, as the sponsoring committee, must file the proposed ordinance with the city clerk prior to circulating. Petition form and attachment requirements can be found in the Brooklyn Park Charter, Section 6.03 and 6.04. The charter specifies that circulators may not be paid. After certification, the council has 60 days to pass the measure or a special election shall be held not less than 30 nor more than 45 days from the date of final action on the ordinance by the Council. However, if a regular election is to occur within 3 months after the date upon which it was submitted to the Council by the City Clerk, the Council shall submit the ordinance at that election. Restrictions: The charter specifies that initiative is not available for an ordinance relating to the budget or capital programs, the appropriation of money, the levy of taxes, the issuance of bonds, the salaries of city officials or employees, or the zoning of land. Brooklyn Park Charter, Chap. 6 Plymouth Population as of the July, 2011 census update: 71,561 Charter city The signature requirement is 15% of the number of persons registered to vote at the last regular city election. 5 registered voters of the city may begin initiative proceedings by filing with the city clerk an affidavit with the content required in the city charter. The clerk then issues blank petitions. A signature is not valid if the signature was executed or certified more than 6 months after the date of the filing of the committee's affidavit. After certification, the council has 40 days to pass or shall submit the measure at the next city-wide regular or special election held in not less than 90 days nor more than one year. The petitioners committee must file a contributions report at least 60 days after the election. Restrictions: The charter specifies that initiative does not extend to (i) the budget or capital program, (ii) the appropriation of money or the levy of taxes, (iii) zoning or (iv) the salaries of city officers or employees. Plymouth Charter, Chap. 5 St. Cloud Population as of the July, 2011 census update: 66,169 Charter city The signature requirement is 5% of registered voters at the time of the state or city general election immediately prior to the filing of said petition. Signatures from 15% are required if the petitioners are seeking a special election. Prior to circulation, 5 registered voters must file a copy of their proposed measure in the office of the city clerk. After circulation and certification, the council has 30 days to pass the measure or they shall submit it at the next state or city general election. If signatures equal 15%, a special election may be called. Petitioners must file an expenditure report at least by 10 days after filing the petition. St. Cloud Charter, Art. 5 Eagan Population as of the July, 2011 census update: 64,765 Eagan is a general law city (i.e. not operating under a home rule charter). In Minnesota, citizens in general law cities do not have broad initiative power to propose ordinances. There are specific state statutes that grant a petition process for a limited subject matter (such as liquor licenses, tax levies/bond issues, and establishing a library service). Woodbury Population as of the July, 2011 census update: 62,787 Woodbury is a general law city (i.e. not operating under a home rule charter). In Minnesota, citizens in general law cities do not have broad initiative power to propose ordinances. There are specific state statutes that grant a petition process for a limited subject matter (such as liquor licenses, tax levies/bond issues, and establishing a library service).

External links

• Ballotpedia Research Document, Local Initiative in Minnesota
• Minnesota League of Cities