Charter Commission Meeting Date: September 10, 2026
To: Chair and Members of the Charter Commission
From: Ben Martig, City Administrator
Title
Consider Proposed Amendment to Charter Section 5.6 Filing for Office.
Body
Action Requested:
The Northfield Charter Commission is asked to review a proposed amendment to Charter Section 5.6 Filing for Office.
Summary Report:
The Charter Commission is asked to consider amendments to Charter Section 5.6 Filing for Office. Section 5.6 lays out the requirements for filing for a city office. Exact wording is as follows:
Section 5.6. - Filing for Office.
A candidate seeking to fill a full term of a city office shall file an affidavit of candidacy with the city clerk not more than eighty-four (84) days nor less than seventy (70) days before the date of the primary election. A candidate seeking to fill the unexpired term of a vacated office shall file an affidavit of candidacy with the city clerk not more than ninety-one (91) days nor less than seventy-seven (77) days before the first Tuesday after the first Monday in November. A person must file for office no later than 5:00 p.m. on the 70th day before the primary or special election. No less than five (5) registered voters of the city may file an application with the city clerk on behalf of any qualified candidate they wish to have on the ballot, provided that service of a copy of the application be made on such candidate and proof of service endorsed on the application before filing. In either case, the filing fee shall be a reasonable amount as established by ordinance. Such affidavit or application shall state that the candidate is qualified under the laws and constitution of the state, name the office for which the person is a candidate, and if a candidate for a ward council member, that the candidate is a resident of that ward. All candidates shall complete and file the public disclosure statement prescribed by the city's ethics ordinance.
Any candidate may withdraw from the election by filing an affidavit of withdrawal with the city clerk no later than 5:00 p.m. two (2) days after the last day for filing affidavits of candidacy. Thereafter, no candidate may file an affidavit of withdrawal.
The Rice County Director of Property Taxes and Elections requested a review of Section 5.6 after noticing it did not align with state statute, specifically around filing periods (attachment 3). The request was sent to the City Attorney for their review.
A City Attorney memo is attached (attachment 1) and identifies concerns with the current language, particularly the candidate filing periods, which are inconsistent with the requirements of Minn. Stat. § 205.13, which governs candidate filing procedures for municipal elections. The City is required to follow the applicable state law regardless of whether the Charter is amended.
The City Attorney recommends amending Charter Section 5.6 to bring it into compliance with state law. The recommended approach is to incorporate Minn. Stat. § 205.13 by reference rather than restating the statutory requirements in the Charter. Because the statute has been amended periodically, including most recently in 2025, incorporation by reference would help ensure that the Charter remains consistent with future changes in state law and reduce the need for future Charter amendments.
An alternative would be to repeal Section 5.6 entirely, since state law governs candidate filing procedures. However, the memorandum notes that retaining a reference to the applicable statute in the Charter may be helpful to the public and City staff. Section 5.6 also contains authority for the City to establish candidate filing fees by ordinance, as permitted under state law.
A draft ordinance is attached for review (attachment 2) as is the referenced state statute § 205.13 (attachment 4). If the Charter Commission chooses to propose amendments to the City Council, it will be via a motion. However, the City Council will consider the amendment as an ordinance. Therefore, it is the practice to send the amendments in ordinance form to the Charter Commission while they are being reviewed and considered.
The Charter Commission is asked to review the attached memorandum and draft amendment and determine whether it wishes to recommend an amendment to Charter Section 5.6.
City Administrator Ben Martig will attend the meeting to present on the three proposed amendments. The presentation for all three items is attached.
City Plans & Policies Relevance:
N/A
Alternative Options:
Two options were provided by the City Attorney, as outlined in the summary report. The Charter Commission may choose to pursue other options or choose not to propose an amendment, but as the City Attorney memo stated, the City is required to follow applicable state law regardless of what the Charter states.
Financial Impacts:
N/A
Tentative Timelines:
For reference, staff has attached the City Attorney Memo outlining the process and timeline for Charter Commission amendments (attachment 5).