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Page 2 <br />funds to promote the passage of a ballot question by presenting one-sided information on a voter <br />issue." The Minnesota Supreme Court is currently reviewing this case. <br />3. What are the exceptions to the general prohibition on the expenditure of public <br />funds? <br />Additionally, the attorney general has stated that a proposal could have "such a direct and <br />substantial effect upon the interests of a particular municipality that [the municipality] has a legally <br />recognizable interest in promoting or protecting those interests in a state-wide forum." The opinion <br />noted however that the city cannot spend funds to promote its own position if the proposed <br />amendment "relate[s] primarily to private interests ar affects individual municipalities in only a <br />general and indirect way." <br />The attorney general was asked to issue an opinion about whether a city could expend funds to <br />promote a position on a constitutional amendment related to the use of proceeds of the Motor <br />Vehicle Sales Tax for highway and public transit funding. The attorney general stated: <br />"... it seems likely that such proposals pertaining generally to state-wide transportation <br />systems and funding would not be appropriate for locally funded advocacy... �RJesources <br />may not be expended for such purposes where the effect upon the unit [of governmentJ <br />would be only indirect and in common with the public at large. " <br />This opinion suggests that it would be inappropriate to expend public funds in order to influence <br />the outcome if an amendment would impact all cities in the same manner. This narrow exception <br />seems to preclude cities from expending public funds to either promote or oppose the two <br />constitutional amendments being proposed on the 2012 state general election ballot—although, <br />because of its cost implications, the question of whether this opinion would apply with respect to <br />the city's use of public funds to advocate in support or opposition to the proposed voter ID <br />amendment may be a closer call. <br />4. Can public officials orally advocate for or against passage of an amendment? <br />Yes. As noted in the response to Question 1, public officials may advocate for or against a <br />particular ballot question, provided that no public funds are expended. While elected officials are <br />clearly "public officials," the term was not defined to clearly include or exclude others in public <br />administration. <br />5. If the city determines it cannot spend money in support of a position, can a city still <br />provide the public factual information regarding the potential impact of an <br />amendment without taking a position for or against passage? <br />Yes. A key principle that cities must observe is that all city expenditures and actions must <br />primarily serve a public purpose. (See LMC information memo "Public Purpose Expenditures.") <br />The attorney general stated that: <br />