WEST LAKELAND TOWNSHIP
WASHINGTON COUNTY, MINNESOTA
Resolution No: R-2026-09
RESOLUTION REJECTING A PETITION
REQUESTING THE SUBMISSION OF A BALLOT QUESTION AT THE NOVEMBER 2026 GENERAL
ELECTION TO MOVE THE TOWN ELECTION TO NOVEMBER OF EVEN NUMBERED YEARS
WHEREAS, Minn. Stat. § 205.075,
subd. 2 (“Act”) provides an opportunity for towns to move their general
elections from March to November;
WHEREAS, the Act specifically
indicates the process may be initiated by the town board adopting a resolution
or ordinance, “or by a resolution of the electors adopted at the annual town
meeting”;
WHEREAS, once the process is
properly initiated, and a plan to accommodate the conversion is set out, the
question of whether to move the election to November is then submitted by ballot
“at the next town general election”;
WHEREAS, the Town received a
petition (“Petition”) pursuant to Minn. Stat. § 205.10 calling for the Town
Board “to submit the following question to be on the ballot by special election
on the November 3, 2026:
Shall
the Town of West Lakeland conduct its general elections on the first Tuesday after
the first Monday in November in even numbered years: __ Yes ___ No”;
WHEREAS, the petitioners also
submitted a proposed Town Board resolution setting out a plan to transition to
the Town’s general election to November to take effect for the 2026 town
election;
WHEREAS, the Town Board
hereby finds and determines as follows regarding the Petition:
a.
Minn.
Stat. § 205.10, subd. 1 provides for the calling a special election to ask “a
question on which the voters are authorized by law or charter to pass judgement.”;
b.
The
special election can be called by the governing body (Town Board) on its own
motion, or “upon a petition signed by a number of voters equal to 20 percent of
the votes cast at the last municipal general election.”;
c.
While
moving the Town’s general election to November is subject to a vote of the Town
electors, the Act expressly provides the method by which the electors may bring
that question forward, which is by resolution that sets out a transition plan
that is adopted at an annual town meeting;
d.
Here,
the petitioners submitted a petition to compel the Town Board to adopt a
resolution calling for a special election to ask the November election
question;
e.
When
a statute expressly provides the process for the electors to bring forward a
ballot question, that process must be followed and cannot be avoided through
the special election petition process;
f.
The
Town electors do have the authority to initiate the process to submit the
November election ballot question to the voters, but only by resolution adopted
at an annual town meeting;
g.
The
annual town meeting is the hallmark of town government and involves those in
attendance discussing, debating, and acting on the town levy as well as a
variety of other matters the legislature has authorized the electors to act on
at a town meeting;
h.
The
Town Board determines that it is not proper for the petitioners to attempt to
bypass the requirement of having the electors pass a resolution at an annual
town meeting to initiate the process to submit the November election question
to the voters;
i.
Additionally,
the statement in the proposed Town Board resolution indicating the transition
to a November election is to take effect in 2026 is not legally possible as the
Town has already conducted its 2026 general election; and
j.
Because
the Petition is not consistent with the Act, the Town did not attempt to examine
the signatures on the Petition, determine whether the Petition complies with
Minn. R., parts 8205.1010 – 8205.1050, or to otherwise determine its
sufficiency.
NOW,
THEREFORE, BE IT RESOLVED,
by the Town Board as follows:
1.
The
Town Board hereby rejects the Petition as being inconsistent with the
requirements of Minn. Stat. § 205.075, subd. 2 for the Town’s electors to
initiate the process to submit the ballot question on whether to move the
Town’s general elections to November and, as such, the Town will take no
further action on the Petition.
2.
The
Town Board retains the discretion under the Act to develop and act on its own
resolution to initiate the process if it chooses, and the Town electors are
free to offer, debate, and act on a resolution and plan at an annual town
meeting to initiate the process as provided in the Act.
3.
The
Town Clerk is authorized and directed to provide the lead petitioner with a
copy of this Resolution and to post a copy on the Town’s website.
Adopted
this 13th day of July 2026.
