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<br />Ke~th M. Stidd~ Esq. <br />Page 10 <br /> <br />September 27, 1972 <br /> <br />Research indicates a division of authority on the limitation <br />7 <br />of advisory elections to municipal concerns. We w:tsh to empha.- <br /> <br />size, however, that although municipal powers may be limited in <br />this respect we find no limitation on the state legislature and <br />none should be impl.:!.ed het'e. S~~ ~l:.l~,~, 219 N. Y. 213 $ <br />114 N.E. 65 (1916). <br /> <br />In conclusion, it is our opinion that advisory elections are <br /> <br />permitted in Minneapolis provided there is express authority. Min- <br />neapolis may proceed to obtain legislative authority or amend ita <br />charter if it desires to institute an advisory election procedure. <br />The most expeditious manner of obtaining this authority would ap- <br /> <br />pear to be a charter amendment by ordinance pursuant to Minn. stat. <br /> <br />S410.31 (1971). Absent the filing of a referendum petition, an <br />amendment could be effective within 90 days following adoption of <br />the ordinance pursuant to the procedures prescribed by this section. <br />In addition to its other responsibilities assignSd by lawj this <br />office also is designated to prov:tde opinions to "county, city, vil- <br />lage [and] tOWl;1 attorneys;f! as well as to "attorneys for the board <br /> <br />7. Some courts have limited adviso:r'y elections to municipal <br />matters, state ex re1, Rhodes v. Board of Elections, 12 Ohio St.2d <br />ll, 230 N.E.2d 347 (1967), others have permitted votes on national <br />or international issues) Fa!'ley- v. Healey.$ 62 Cal, Rep. 26', 431 <br />P.2d 650 (1967). See also Note, The Use of the Municipal Initiative <br />as a Po11.~taking Davle'eon Non-municipal Issues" 5 Cal. W. L. Rev. <br />148 (1968) and Comment, The Local Initiative - A Pr'oper Sounding <br />Board for National Issues?, 12 Utah IJ. Rev. 464 (1968). <br />