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<br />. Gen~ral Discussion
<br /> I.
<br /> Special elections may be urdered by the council of a statutory city upon its
<br /> ovm' motion or upon a peti "tion signed by a number of voters equal to 20% of the
<br /> V01,es castat the last regular city election. At least ten days' posted and
<br /> two weeks I published notice must be given, clearly setting forth the questions
<br /> to be submitted. The election officials are the same as for the last preceding
<br /> regular city election unless changed according to law. The vote is taken, and
<br /> the results ascertained in the sw~e manner as at the regular city election
<br /> (M.S. 205.08).
<br /> While the statute says that the council may call a special election on petition,
<br /> the Attorney General has ruled that the election must be called by the council
<br /> whenever a proper petition is presented to it. (A:I3. Op., May 10, 1938;
<br /> 476-B-15, LMM 180j, December 17, 1940! and 472-0, U~ 180J, 1~rch 20, 1961. )
<br /> 'Yne Attorney General has said: "If we were to hold the calling of a special
<br /> election discretionary with the council, even after the filing of a petition,
<br /> then that provision would become superfluous. The council already had power
<br /> in its discretion 1,0 call a special election. Giving i1, discretion to call a
<br /> special election after the filing of a petition adds nothing,"
<br /> However, the petition has this mandatory effect only when the proposition sought
<br /> to be submitted at the special election is one which is within the province of
<br /> the voters to decide, for example, where the petition asks for an election on
<br /> the question of issuir~ general obligation bonds, or establishing a municipal
<br /> light plant, or abolishing a utilities commission. A petition does not mandate
<br /> the council to submit to the voters a proposition which the council has the
<br /> power to decide for itself, Included in the latter category are all questions
<br /> of licensing or prohibiting pinball games not used for gambling purposes, and
<br /> questions of like character. In numerous opinions, the Attorney General has
<br /> ruled that a municipality may not hold an advisory election in the absence of
<br /> statutory or char1,er authority to do so. WBnY previous rulings are cited in a
<br /> comprehensive opinion given to the city attorney of Minneapolis on September 27,
<br /> 1972 (64-0, U~A 180j). See, among prior opinions, A. G. Opo 229-D15, LMM
<br /> 180j, Feb. 15, 1954, holding that a city may not hold an advisory election on
<br /> the location of a tr~~ highway; A. G. Op. 640, U1M: 180j, Jan. 19, 1956, con-
<br /> cluding that a city may not hold an advisory election on the question of adding
<br /> fluoride to its water supply and city funds may not be spent for the purpose.
<br /> Questions like those mentioned, if submitted 1,0 the voters at ~ll, are submitted
<br /> solely for their ad\~ce and 1,he resul1, of the vote is not binding on the council.
<br /> Because of the absence of specific authority for such advisory elections, except
<br /> when authorized for deciding whether a statutory city should join a special
<br /> district or similar independent governmental body having taxing powers within
<br /> the city (M,S. 412,221 Subd. 33), the power to spend money in co~~ection ~~th
<br /> them is somewhat open to question, and if the council desires to call an elec-
<br /> tion of this kind, expendi0ures ought to be kept at the minimlli~. It may be
<br /> argued that expenditures for this p~~ose are valid on the ground that the
<br /> council is merely seeking ~o determine public opinion just as it does in holding
<br /> public hearings before the passage of an crdinance, and that expenditures should
<br /> be legal for the one purpose as they would be for the other. The Attorney
<br /> General, however, has ruled that this is not a proper expenditure (See, e. g.,
<br /> A. G, Op, 185-B-2, LMM 180j, Aug. 22, 1961). In the cited opinion, which involved
<br /> an advisory election on establishment of a mQ~icipa1 waterworks system, the
<br /> Attorney G~neral said it did not matter that the costs to the municipality were
<br /> slight or that they were to be paid by donations.
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