Laws governing local ballot measures in Minnesota
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Some Minnesota local governments have an initiative process for local ballot measures. This article sets out the laws governing local ballot measures in Minnesota. It explains:
- Which local units of government make the initiative process available to residents.
- How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
- An overview of laws governing local recall elections.
Types of local government
According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 87 counties, 2,633 cities, towns, and villages, and 579 special districts.[1]
School districts
Minnesota requires a ballot measure to issue new bonding for schools, to exceed the revenue cap, or to equalize a levy. Minnesota only mandates a simple majority for passing school bond ballot measures; however, the measures must be placed in a goldenrod ballot separate from the main ballot during an election. Also, citizens are granted the right to petition for special elections related to school bonds.
Special taxing districts
In Minnesota, a reverse referendum is a citizen-initiated local ballot measure that asks property owners to approve or reject the establishment of special taxing districts. Signatures equal to 25 percent of the property owners within the proposed district are required to place the referendum on the ballot. As of 2023, Section 365A.06 of state statute governed reverse referendums.[2]
Local recall rules
- For additional detail, see: Laws governing recall in Minnesota
Campaign finance rules
Initiative process availability
Charter cities have a mandated initiative process for citizens to petition for and vote on charter amendments. Charter cities also have the authority to allow initiative for ordinances. Some have granted this power to citizens, others have not. The information for the top 10 most populated cities in Minnesota, eight of which operate under a charter, is provided below.
Citizens in general law cities do not have broad initiative power to propose ordinances, but there are specific state statutes that grant a petition process for limited subject matter.[3]
Ramsey County, as the only charter county, permits initiative for charter amendments and county measures.[4][5]
Authority
| Ballot Law Portal |
| Laws Governing Ballot Measures |
Constitution
Minnesota Constitution, Article XII, Section 5 authorizes city charter amendment through an initiative petition.
Statutes
Minnesota Statutes Section 410.12 also governs city charter amendment petitions. Individual charters may contain additional requirements. 
See law: Minn. Stat. Sec. 410.12
Following state law, the Secretary of State enacted rules regarding circulated petitions.
See law: Minn. Stat. Sec. 204B.071 Minnesota Election Rules Chap. 8205
Initiative process features
| A guide to local ballot initiatives | |
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Charter cities
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| Local I&R Laws in the 50 States |
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| Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns |
Initiative in the top 10 most populated cities
Eight of the top 10 most populated cities in Minnesota are governed under a home rule charter. Initiative is available for charter amendments. In addition, six of those charters have enacted initiative for ordinances. The provisions below come from the specific city charter or code. Click on the citation links to read the full requirements for the initiative process. Sample petitions may be available from local election officials.
| Individual city provisions |
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Minneapolis Population as of the July 2011 census update: 387,753[6] Neither the Minneapolis charter nor city code contain provisions for initiative petitions to enact ordinances. Charter amendments may be proposed by petition under state law, as detailed above. St. Paul Population as of the July, 2011 census updates: 288,448[6] Charter city The signature requirement is 8% of those who voted for the office of mayor in the last preceding city election. Petition form requirements can be found in the St. Paul Charter, Section 8.02.1-.4. Petitions are filed with the city clerk. After certification, the council has 60 days to pass the measure without alteration or it shall be placed on the ballot at the next general election in the city which occurs on or after the 120th day from the filing of the petition with the city clerk. Rochester Population as of the July, 2011 census update: 107,890[6] Charter city Neither the Rochester charter nor city code contain provisions for initiative petitions to enact ordinances. Charter amendments may be proposed by petition under state law, as detailed above. Duluth Population as of the July, 2011 census update: 86,277[6] Charter city The signature requirement is 10% of the total ballots cast at the last preceding general municipal election at which members of the council were elected. If petitioners seek a special election, 20% of the ballots cast at the last general municipal election is required. Some petition form requirements can be found in the Duluth Charter, Section 50,51. Petitions are filed with the city clerk. After certification, the council has 20 days to adopt the ordinance or submit it at the next general election occurring after 25 days from certification. If signatures equal 20%, the council may adopt the measure, but must otherwise call a special election, to be held not less than 40, nor more than 50 days after such a call. Bloomington Population as of the July, 2011 census update: 84,057[6] Charter city The signature requirement is 10% of the total number of votes cast at the last preceding regular municipal election. Signatures from 15% can force a special election. 5 registered voters, as the petition committee, must file the proposed ordinance with the city attorney and clerk for form approval prior to circulating. The charter specifies that circulators may not be paid. After certification, the council has 65 days to pass, or shall submit at the next regular municipal election. If signatures equal 15%, a special election shall be held in not less than 30 nor more than 45 days (unless there is regular election within 3 months, then they can use it). Restrictions: The charter specifies that initiative is not available for an ordinance appropriating money or authorizing the levy of taxes
Brooklyn Park Population as of the July, 2011 census update: 76,853[6] Charter city The signature requirement is 15% of the total number of votes cast in the City of Brooklyn Park at the last Gubernatorial election. 5 registered voters, as the sponsoring committee, must file the proposed ordinance with the city clerk prior to circulating. Petition form and attachment requirements can be found in the Brooklyn Park Charter, Section 6.03 and 6.04. The charter specifies that circulators may not be paid. After certification, the council has 60 days to pass the measure or a special election shall be held not less than 30 nor more than 45 days from the date of final action on the ordinance by the Council. However, if a regular election is to occur within 3 months after the date upon which it was submitted to the Council by the City Clerk, the Council shall submit the ordinance at that election. Restrictions: The charter specifies that initiative is not available for an ordinance relating to the budget or capital programs, the appropriation of money, the levy of taxes, the issuance of bonds, the salaries of city officials or employees, or the zoning of land.
Plymouth Population as of the July, 2011 census update: 71,561[6] Charter city The signature requirement is 15% of the number of persons registered to vote at the last regular city election. 5 registered voters of the city may begin initiative proceedings by filing with the city clerk an affidavit with the content required in the city charter. The clerk then issues blank petitions. A signature is not valid if the signature was executed or certified more than 6 months after the date of the filing of the committee's affidavit. After certification, the council has 40 days to pass or shall submit the measure at the next city-wide regular or special election held in not less than 90 days nor more than one year. The petitioners committee must file a contributions report at least 60 days after the election. Restrictions: The charter specifies that initiative does not extend to (i) the budget or capital program, (ii) the appropriation of money or the levy of taxes, (iii) zoning or (iv) the salaries of city officers or employees. St. Cloud Population as of the July, 2011 census update: 66,169[6] Charter city The signature requirement is 5% of registered voters at the time of the state or city general election immediately prior to the filing of said petition. Signatures from 15% are required if the petitioners are seeking a special election. Prior to circulation, 5 registered voters must file a copy of their proposed measure in the office of the city clerk. After circulation and certification, the council has 30 days to pass the measure or they shall submit it at the next state or city general election. If signatures equal 15%, a special election may be called. Petitioners must file an expenditure report at least by 10 days after filing the petition. Eagan Population as of the July, 2011 census update: 64,765[6] Eagan is a general law city (i.e. not operating under a home rule charter). In Minnesota, citizens in general law cities do not have broad initiative power to propose ordinances. There are specific state statutes that grant a petition process for a limited subject matter (such as liquor licenses, tax levies/bond issues, and establishing a library service). Woodbury Population as of the July, 2011 census update: 62,787[6] Woodbury is a general law city (i.e. not operating under a home rule charter). In Minnesota, citizens in general law cities do not have broad initiative power to propose ordinances. There are specific state statutes that grant a petition process for a limited subject matter (such as liquor licenses, tax levies/bond issues, and establishing a library service). |
External links
Footnotes
- ↑ U.S. Census Bureau, "2022 Census of Governments – Organization," accessed October 16, 2023
- ↑ Minnesota Office of the Revisor of Statutes, "2022 Minnesota Statutes," accessed February 25, 2023
- ↑ Minnesota League of Cities, "City Special Elections," November 19, 2020
- ↑ Ramsey County, "Ramsey County Home Rule Charter," accessed August 23, 2013
- ↑ Ballotpedia, "Types & #s of local government by state," September 2012
- ↑ 6.0 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 City and Town Population Totals: 2010-2019
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