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The main elements of the governing statute (Minnesota Statutes 205.07) include: <br /> 1) Establishing the even-numbered year as the default year for municipal <br /> elections; <br /> 2) Allowing different election years to be established by ordinance; <br /> 3) Specifying that the ordinance must be passed before June 1 at a general <br /> meeting for those cities seeking to establish an odd-numbered election year <br /> (raising some uncertainty when ordinances establishing even-year elections <br /> need to be passed); <br /> 4) Specifying that the proposed ordinance can extend or shorten existing terms; <br /> 5) Specifying that if the ordinance is silent, any affected terms are extended <br /> automatically; <br /> 6) Requiring special notice to the county auditor and secretary of state, and <br /> perhaps most significantly; <br /> 7) Specifying that an ordinance changing the year of the municipal election is <br /> effective 240 days after passage and publication or at a later date fixed in the <br /> ordinance. <br /> Finally, the statute allows a petition requesting a referendum on the ordinance to be filed <br /> within 180 days after passage and publication. If that petition meets the statute's <br /> requirements (10% of those voting at the last city general election, etc.), a referendum on <br /> the ordinance must be held no earlier than 60 days after submission of the petition. A <br /> copy of the current statute follows at the bottom of this memo. <br /> You specifically asked about how the transition could affect council terms. The statute <br /> allows the ordinance changing the general election year to shorten or lengthen existing or <br /> prospective terms in order to fashion an orderly transition. Most cities that have <br /> deliberated transition schedule options have done so after answering two major questions. <br /> First, should any change affect any incumbent officeholders current terms, and; second, <br /> should any incumbent terms be lengthened? <br /> The fastest way to implement the change would seem to be to move up the 2003 and <br /> 2005 elections to 2002 and 2004. However, the statute does not appear to allow this <br /> option. As I indicated, while there is some ambiguity regarding the June I... provision, <br /> including whether it is or is not applicable to cities seeking to establish an even-year <br /> election date, the provision in the law requiring a 240 day delay in the ordinance's <br /> effective date eliminates as an option any consideration of moving up the City's <br /> scheduled 2003 election to 2002. <br /> For instance, if the Council acts in April or May of this year, the earliest the ordinance <br /> could become legally effective would be following the November 2002 election cycle. <br /> While special legislation could be sought that waives the 240 day delay in the ordinance's <br /> effective date, the lateness of the legislative session does not make this a viable option. <br /> A second option would be to move the 2005 and 2007 elections to 2004 and 2006. There <br /> is adequate time to accomplish this change, but those councilmembers elected to office <br /> last fall would have their terms shortened. <br />