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2004_1122_Packet
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2004_1122_Packet
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Mr. Neal Beets <br />June 17,2004 <br />Page 4 of 5 <br />restrictions on feedlots. In each case, the local restrictions were based on the environmental <br />impacts of feedlots. Different panels of the Minnesota Court or Appeals reached different <br />conclusions on the issue of preemption. The court in IjalAdCo found that state environmental <br />regulations fully occupied the field and that the restrictions were preempted by state law while <br />the court in Canadian Connection found that the restrictions were not preempted. The basis <br />for the different conclusions appears to be only that in YalAdCo the controls were in a <br />permitting process while in Canadian Connection the controls were in the zoning regulations. <br />Because there are no clear factors to consider, it cannot be certain how a court would rule on <br />the question. <br />An ordinance requiring candidates for City office to disclose campaign contributions <br />greater than $100 does not affect the general populace of the state. As previously explained, <br />only residents of the City may hold City office; therefore, the effects of such an ordinance are <br />limited to the residents of the City. Because none of the considerations for preemption exist, a <br />City ordinance that candidates for City office must disclose campaign contributions greater <br />than $100 is not preempted by the Minnesota Election Law. <br />Conflict with State Statute. A City ordinance is invalid when it conflicts with a state <br />statute. An ordinance conflicts with a state statute when the ordinance and the statute contain <br />express or implied terms that are irreconcilable. The Minnesota Election Law requires <br />candidates for public office to report contributions that, in the aggregate, are greater than $500 <br />in a year. Would a City ordinance that requires candidates for City office to report campaign <br />contributions greater than $100 conflict with a State statute? The short answer is: No. <br />An ordinance is invalid as conflicting with a statute when it permits what a statute <br />forbids or forbids what a statute expressly per�+�s.� � No conflict exists where an ordinance is <br />merely additional or complimentary to or in aid and fiirtherance of the statute.14 An ordinance <br />that requires the disclosure of campaign contributions greater than $100 is in addition to and <br />complimentary to the statute that requires the reporting of contributions greaterthan $500. The <br />ordinance and statute do not have irreconcilable requirements. A candidate can comply with <br />the City ordinance and be in compliance with the statute. <br />Such an ordinance is also complimentary and aids in the furtherance of the Minnesota <br />Election Law as a whole. Under the Minnesota Election Law, the maximum aggregate <br />contribution a candidate may receive from an individual or committee in a year is $300.is As <br />previously stated, Minnesota law requires a candidate to report only contributions that are <br />equal to or greater than $500.16 When these requirements are read together, the state required <br />13 Mangold, 143 N.W.2d at 816. <br />�' Id. at 817. <br />�s Minn.Stat. 92llA.12. <br />�s Minn Stat. 9211A.02, subd. 2. <br />
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