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1995 Minnesota Attorney General Reports and Opinions 1 (1995)

handle is hein.sag/sagmn0035 and id is 1 raw text is: COUNTY SEAT: REMOVAL: Otherwise qualified voters need not have actually voted at
previous election or be registered to sign petition for changing county seat. Minn. Stat.
§§ 372.01, 372.03 (1994).
106-e
January 24, 1995
Michelle E. Moren
Roseau County Attorney
309-1/2 Third Street N.W.
P.O. Box 239
Roseau, MN 56751
Dear Ms. Moren:
In your letter to the Office of the Attorney General, you set forth the following:
FACTS
On January 9, 1995, two petitioners filed a notice of intention to circulate a
petition for changing the county seat, pursuant to Minn. Stat. ch. 372 (1994).
Minn. Stat. § 372.01 (1994) provides in pertinent part:
When a petition is presented to the auditor of any county in the following
form: To the county board of the county of           , Minnesota: The
undersigned legal voters of this county request that the county seat be changed to
(here designate the place), signed by a least 60 percent of those voting in the
county at the last preceding general election, accompanied by affidavits of at least
two of the signers stating that
(a) the petition signatures are genuine,
(b) they were signed within 60 days before the date of the affidavits, and
(c) when signing the petition the petitioners were legal voters of the
county, and the notice of intention to circulate the petition under section 372.02
was given, the auditor shall immediately file the petition and affidavits, and
make, seal, and file in the auditor's office an order for a special meeting of the
county board to consider the petition.

You then ask substantially the following questions: