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David J. Kennedy <br /> Page 5 <br /> October 27, 1995 <br /> This provision as amended clearly spt c i f i e s that municipal elections in both home rule and <br /> r c r y cities are to be held in ac qordance with chapter 205, with expressly specified <br /> exc.e ►bons. To the extent that this mandate is incompatible with the language of <br /> section 410.21, it is our view that the rovision of section 205.02 will control, Minn. Star. <br /> 645.26 provides that where general p ovis Ions of law conflict with special provisions effect <br /> should be given to both if possible , An if not, then the special provisions should normally <br /> prevail. Inasmuch as sections 410.21 an 205.02 both deal with appl intion of general lave., as <br /> opposed to charter provisions in munici al elections, neither world appear to be more general <br /> or special than tlit. other. FurtheTmor it k not possible to give effect to both. In these <br /> circumstances the result will be Coat lied by subdivision 4 of section 645.26 which gives <br /> effect to the law most recently enacted. Section 410.21 was apparently adopted in 1909, and <br /> has not been amended. Minn. Stat. � 41 _21 (1994), 14 i s r or y- <br /> On the other hand, section 2 O5.02, suhd. 2 was first enacted in 1983 and most recently <br /> amended in 1993 as noted above. Cons quently, we think it cliear that the legislature intends <br /> f t t , uniform election day provisions f M inn. Stat. § 295.07, as amended, be applicable to <br /> __ ••...ra y.n••r r—..—. ��Wd i 014+ti......—.0....r/..n�•'-�IYS��►►.y!ufw <br /> all home-rule charter cities when the arv: d me rats take effect. <br /> QU-9-STION7 T�110 <br /> wneln'Iy..,nxu�w r1� nrws�!— —._�.._.............._..._...�r.. ......+. y�rnr.•rY'I,..Y•rt'�nl.f I <br /> If the answer to gttstion no I is in the affirmative, is the arnendrnent to <br /> section 205.07, subdivision 1 in se. tion 5) of the 1995 Act (mandatory four-year <br /> terms for council members, a tw - or four-year term for mayor avid biennial <br /> Alec n ons) a special law within t e meaning of the Minnesota Constitution, <br /> Article XII, section 2, since or, its ft^ctive date, the arnendment will ehan-e the <br /> c f tOs terms to two- and � ��- •ear tert��c� <br /> PE`10N <br /> We answer your question in the neg five. Minn. Cons t. at t. X11, § 2 provides in part: <br /> Sec. 2. Special laws; locA aw-erru-nent. Every law which upon its <br /> effective date applies to single laeloverent unit or to ar uD of such units <br /> in a 5 l l coun or a number of �)nti�iuous counties is a special law and shall <br /> r�u ni e the u r!t i or in the latter case, Ede e counties to which it applies.. <br />