HF 3527

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/20/2024 12:45pm

A bill for an act
relating to elections; establishing the Minnesota Voting Rights Act; making
legislative findings; prohibiting certain actions by political subdivisions or other
officials or entities with responsibilities related to election administration that
result in voter suppression or vote dilution; establishing a civil cause of action for
violations; requiring notice prior to a claim in certain cases; establishing remedies;
amending Minnesota Statutes 2022, section 412.02, subdivision 6, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 200.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [200.50] MINNESOTA VOTING RIGHTS ACT.
new text end

new text begin Sections 200.50 to 200.59 may be cited as the "Minnesota Voting Rights Act."
new text end

Sec. 2.

new text begin [200.52] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin As used in sections 200.50 to 200.59, the terms as defined
in this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Disparity. new text end

new text begin "Disparity" means any variance that is supported by validated
methodologies and, where relevant, is statistically significant.
new text end

new text begin Subd. 3. new text end

new text begin Government official. new text end

new text begin "Government official" means any individual who is
elected or appointed to an office in this state or a political subdivision or who is authorized
to act in an official capacity on behalf of the state or a political subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Language minority group. new text end

new text begin "Language minority group" means a language
minority group as that term is defined in the federal Voting Rights Act of 1965, as amended,
as of the effective date of this act.
new text end

new text begin Subd. 5. new text end

new text begin Method of election. new text end

new text begin (a) "Method of election" means the method by which
candidates are elected to the legislative body of a political subdivision, and includes at-large
method of election, district-based method of election, or any alternative method of election.
Method of election also includes the districting or redistricting plan used to elect candidates
to the legislative body of a political subdivision.
new text end

new text begin (b) "At-large method of election" means a method of electing candidates to the legislative
body of a political subdivision in which candidates are voted on by all voters of the political
subdivision or that combines at-large with district-based elections. At-large method of
election does not include any alternative method of election.
new text end

new text begin (c) "District-based method of election" means a method of electing candidates to the
legislative body of a political subdivision in which, for political subdivisions divided into
districts, a candidate for any district is required to reside in the district and candidates
representing or seeking to represent the district are voted on by only the voters who reside
in the district. District-based method of election does not include any alternative method of
election.
new text end

new text begin (d) "Alternative method of election" means a method of electing candidates to the
legislative body of a political subdivision other than an at-large method of election or a
district-based method of election and includes but is not limited to cumulative voting, limited
voting, and proportional ranked choice voting.
new text end

new text begin Subd. 6. new text end

new text begin Political subdivision. new text end

new text begin "Political subdivision" means a county, city, town, or
school district.
new text end

new text begin Subd. 7. new text end

new text begin Politically cohesive. new text end

new text begin "Politically cohesive" means that members of a group
tend to prefer the same candidates, electoral choices, or policies.
new text end

new text begin Subd. 8. new text end

new text begin Protected class. new text end

new text begin "Protected class" means a class of citizens who are members
of a racial, color, or language minority group, or who are members of a federally recognized
Indian Tribe, including a class of two or more such groups.
new text end

new text begin Subd. 9. new text end

new text begin Polarized voting. new text end

new text begin "Polarized voting" means voting in which the candidate or
electoral choice preferred by a protected class diverges from the candidate or electoral choice
preferred by other voters.
new text end

new text begin Subd. 10. new text end

new text begin Vote; voting. new text end

new text begin "Vote" or "voting" includes any action necessary to cast a ballot
and make that ballot count in any election, including but not limited to: registering to vote;
applying for an absentee ballot; and any other action required by law as a prerequisite to
casting a ballot and having that ballot counted, canvassed, certified, and included in the
appropriate totals of votes cast with respect to an election.
new text end

new text begin Subd. 11. new text end

new text begin Voting eligible population. new text end

new text begin "Voting eligible population" means those
individuals who are eligible to register and vote, regardless of whether the individuals are
registered to vote.
new text end

Sec. 3.

new text begin [200.53] CONSTRUCTION AND USE OF AUTHORITY.
new text end

new text begin A law, rule, local law, charter provision, local ordinance, or local code relating to the
right to vote, or which grants authority to prescribe or maintain voting or elections policies
and practices, must be construed or applied liberally in favor of a voter's exercise of the
right of suffrage. To the extent a court is afforded discretion on an issue, including but not
limited to discovery, procedure, admissibility of evidence, or remedies, the court must
exercise that discretion and weigh other equitable discretion in favor of this right.
new text end

Sec. 4.

new text begin [200.54] VOTER SUPPRESSION AND VOTE DILUTION PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Voter suppression. new text end

new text begin A political subdivision or any other government
official or entity responsible for election administration must not adopt or apply a
qualification for eligibility to vote or other prerequisite to voting; adopt or apply any law,
ordinance, rule, standard, practice, procedure, or policy regarding the administration of
elections; or take any other action or fail to take any action that results in, is likely to result
in, or is intended to result in:
new text end

new text begin (1) a disparity in voter participation, access to voting opportunities, or the opportunity
or ability to participate in the political process between a protected class and other members
of the electorate; or
new text end

new text begin (2) based on the totality of the circumstances, a denial or impairment of the opportunity
or ability of members of a protected class to vote or participate in the political process.
new text end

new text begin Subd. 2. new text end

new text begin Vote dilution. new text end

new text begin (a) A political subdivision or any other government official or
entity responsible for election administration must not adopt or enforce any method of
election, or cause an annexation, incorporation, dissolution, consolidation, or division of a
political subdivision, that has the effect of impairing the equal opportunity or ability of
members of a protected class to nominate or elect candidates of their choice as a result of
diluting the vote of members of that protected class.
new text end

new text begin (b) A violation of paragraph (a) exists when it is shown that:
new text end

new text begin (1) either:
new text end

new text begin (i) elections in a political subdivision exhibit polarized voting resulting in an impairment
of the equal opportunity or ability of protected class members to nominate or elect candidates
of their choice; or
new text end

new text begin (ii) based on the totality of the circumstances, the equal opportunity or ability of protected
class members to nominate or elect candidates of their choice is impaired; and
new text end

new text begin (2) one or more new methods of election or changes to the existing method of election
exist that the court could order pursuant to section 200.58 would likely mitigate the
impairment.
new text end

new text begin (c) To the extent that a new method of election or change to the existing method of
election that is presented under paragraph (b), clause (2), is a proposed district-based plan
that provides protected class members with one or more reasonably configured districts in
which the protected class members would have an equal opportunity or ability to nominate
or elect candidates of the protected class members' choice, it is not necessary to show that
members of a protected class comprise a majority of the total population, voting age
population, voting eligible population, or registered voter population in any such district or
districts.
new text end

new text begin (d) The fact that members of a protected class are not geographically compact does not
preclude a finding of a violation of this subdivision but may be a factor in determining
whether an appropriate remedy exists that would likely mitigate the impairment.
new text end

new text begin (e) For claims brought on behalf of a protected class, including one consisting of two
or more racial, color, Tribal, or language minority groups that are politically cohesive in
the political subdivision, the court shall consider only the combined electoral preferences
of those racial, color, Tribal, or language minority groups in determining whether voting
by the protected class is polarized from other voters. It is not necessary to demonstrate that
voting by members of each racial, color, Tribal, or language minority group within a protected
class, or by any subgroup within a racial, color, or language minority group, is separately
polarized from other voters.
new text end

new text begin (f) Evidence concerning the causes of, or the reasons for, the occurrence of polarized
voting is not relevant to the determination of whether polarized voting occurs, or whether
candidates or electoral choices preferred by a protected class would usually be defeated.
Evidence concerning alternate explanations for polarized voting patterns or election
outcomes, including but not limited to partisan explanations, must not be considered.
new text end

new text begin (g) Evidence concerning projected changes in population or demographics may only be
considered when determining whether an appropriate remedy exists that would likely mitigate
the impairment.
new text end

Sec. 5.

new text begin [200.55] RELEVANT FACTORS FOR DETERMINING VIOLATION.
new text end

new text begin Subdivision 1. new text end

new text begin Factors established. new text end

new text begin In determining whether, under the totality of the
circumstances, a violation of section 200.54 has occurred with respect to a protected class,
a court may consider any of the following factors:
new text end

new text begin (1) the history of discrimination affecting members of the protected class;
new text end

new text begin (2) the extent to which members of the protected class are disadvantaged, or otherwise
bear the effects of past public or private discrimination, in any areas that may hinder their
ability to participate effectively in the political process, including education, employment,
health, criminal justice, housing, transportation, land use, or environmental protection;
new text end

new text begin (3) whether members of the protected class vote at a lower rate than other voters;
new text end

new text begin (4) the use of overt or subtle racial appeals in political campaigns or by government
officials;
new text end

new text begin (5) the extent to which members of the protected class have been elected to office;
new text end

new text begin (6) the extent to which members of the protected class have faced barriers with respect
to accessing the ballot, receiving financial support, or receiving any other support for their
candidacies for elective office;
new text end

new text begin (7) the extent to which candidates who are members of a protected class face hostility
or barriers while campaigning due to the protected class membership;
new text end

new text begin (8) the extent of polarized voting;
new text end

new text begin (9) the use of any standard, practice, procedure, or policy that may enhance the dilutive
effects of a challenged method of election;
new text end

new text begin (10) the lack of responsiveness by elected officials to the particularized needs of protected
class members or a community of protected class members;
new text end

new text begin (11) whether the challenged method of election, ordinance, resolution, rule, policy,
standard, regulation, procedure, or law was designed to advance, and does materially advance,
a compelling state interest that is substantiated and supported by evidence; and
new text end

new text begin (12) other factors the court may deem relevant.
new text end

new text begin Subd. 2. new text end

new text begin Necessity of factors. new text end

new text begin No one factor in subdivision 1 is dispositive or necessary
to establish the existence of a violation of section 200.54, nor shall any specified number
or combination of factors be required in establishing that such a violation has occurred. The
court shall consider a particular factor only if and to the extent evidence pertaining to that
factor is introduced. The absence of evidence as to any factor does not preclude a finding
of a violation.
new text end

new text begin Subd. 3. new text end

new text begin Claims involving a political subdivision. new text end

new text begin To the extent a claim concerns a
political subdivision, evidence of the factors in subdivision 1 is most probative if the evidence
relates to the political subdivision in which the alleged violation occurred, but still holds
probative value if the evidence relates to the geographic region in which that political
subdivision is located or to this state.
new text end

new text begin Subd. 4. new text end

new text begin Evidence of intent. new text end

new text begin Evidence concerning the intent of voters, elected officials,
or the political subdivision to discriminate against members of a protected class is not
required to find a violation of section 200.54.
new text end

new text begin Subd. 5. new text end

new text begin Factors that must be excluded. new text end

new text begin In determining whether a violation of section
200.54 has occurred, a court shall not consider any of the following:
new text end

new text begin (1) the number of protected class members not burdened by the challenged qualification,
prerequisite, standard, practice, or procedure;
new text end

new text begin (2) the degree to which the challenged qualification, prerequisite, standard, practice, or
procedure has a long pedigree or was in widespread use at some earlier date;
new text end

new text begin (3) the use of an identical or similar qualification, prerequisite, standard, practice, or
procedure in other states or jurisdictions;
new text end

new text begin (4) the availability of other forms of voting unimpacted by the challenged qualification,
prerequisite, standard, practice, or procedure to all members of the electorate, including
members of the protected class;
new text end

new text begin (5) an impact on potential criminal activity by individual voters, if those crimes have
not occurred in the political subdivision in substantial numbers, or if the connection between
the challenged policy and any claimed prophylactic effect is not supported by substantial
evidence; or
new text end

new text begin (6) mere invocation of interests in voter confidence or prevention of fraud.
new text end

Sec. 6.

new text begin [200.56] PRESUIT NOTICE.
new text end

new text begin Subdivision 1. new text end

new text begin Notice required. new text end

new text begin Except as provided in this section, before filing an
action a prospective plaintiff shall send a notice letter to the political subdivision identifying
the potential violation, the affected protected class, and the type of remedy the potential
plaintiff believes may address the potential violation. The party may not file an action related
to the violations described in the notice within 60 days after sending the notice letter.
new text end

new text begin Subd. 2. new text end

new text begin Responsibility of political subdivision. new text end

new text begin The political subdivision shall work
in good faith with the party that provided notice to implement a remedy that cures the
potential violation. If the political subdivision adopts a resolution identifying a remedy,
affirming its intent to enact and implement a remedy, and establishing a timeline and specific
steps it will take to do so, it shall have 90 days after passing the resolution to enact and
implement a remedy, during which time the party who sent a notice letter under this section
may not file an action related to those violations against that political subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Approval of remedies. new text end

new text begin (a) If an administrative deadline prevents a political
subdivision from enacting or implementing an identified remedy, the political subdivision
may nonetheless enact or implement the remedy upon authorization by the secretary of
state. Notwithstanding the applicable deadline, the secretary of state may provide this
authorization upon determining that the political subdivision may otherwise be in violation
of this act, that the identified remedy would address the potential violation, and that
implementation of the identified remedy is feasible. The secretary of state's authorization
does not bar an action to challenge the remedy. The secretary of state may adopt rules
necessary to implement this paragraph, including but not limited to rules identifying specific
administrative deadlines to which this paragraph applies, and to provide for notice and
comment procedures that must be followed by political subdivisions prior to implementing
a remedy.
new text end

new text begin (b) If the political subdivision lacks authority to enact or implement an identified remedy,
including a remedy subject to paragraph (a), the political subdivision may nonetheless enact
and implement the remedy upon approval by the district court. To seek approval, the political
subdivision must file a petition in district court that identifies with specificity the law or
other authority that prevents the remedy from being enacted or implemented. The venue
for a petition under this paragraph is in the district court of the county where the challenged
act or practice occurred, or in the District Court of Ramsey County. The district court may
authorize the political subdivision to implement or enact the identified remedy
notwithstanding the applicable law or authority to the contrary, if the court determines that
the prospective plaintiff is likely to succeed in a lawsuit on the merits of the alleged violation;
that the proposed remedy would address the alleged violation; and that the proposed remedy
is narrowly tailored to that purpose.
new text end

new text begin Subd. 4. new text end

new text begin When presuit notice is not required. new text end

new text begin Notwithstanding subdivisions 1 and 2,
a prospective plaintiff may file an action without first providing a notice letter if:
new text end

new text begin (1) the party is seeking preliminary relief with respect to an upcoming election in
accordance with section 200.57;
new text end

new text begin (2) another party has already submitted a notice letter alleging a substantially similar
violation and that party is eligible to file an action under this act;
new text end

new text begin (3) following the party's submission of a notice letter, the political subdivision has enacted
a remedy that would not remedy the violation identified in the party's notice letter; or
new text end

new text begin (4) the prospect of obtaining relief would be futile, consistent with Minnesota's doctrine
of exhaustion of administrative remedies.
new text end

new text begin Subd. 5. new text end

new text begin Cost sharing. new text end

new text begin (a) If a political subdivision enacts or implements a remedy in
response to a notice letter submitted under subdivision 1, the political subdivision and the
party who sent the notice letter must mutually agree on a reimbursement amount to be paid
by the political subdivision to that party. The reimbursement amount must reflect the
reasonable costs associated with producing and sending the letter and any accompanying
evidence, subject to the limitations of this subdivision.
new text end

new text begin (b) To be eligible for a reimbursement, the party who submitted the notice letter must
submit a request to the political subdivision in writing. The request must:
new text end

new text begin (1) be received by the political subdivision within 30 days of its enactment or adoption
of the remedy; and
new text end

new text begin (2) be substantiated with financial documentation including, as applicable, detailed
invoices for expert analysis and reasonable attorney's fees.
new text end

new text begin (c) The cumulative amount of reimbursements to all parties must not exceed $30,000.
Reimbursement amounts for attorney's fees are limited to amounts calculated using a lodestar
methodology.
new text end

new text begin (d) To the extent a party requests reimbursement for a purported notice letter that fails
to comply with the requirements in subdivision 1, or the request fails to comply with this
subdivision, the political subdivision may dismiss the request. If the request is dismissed,
the political subdivision must notify the party in writing of the reasons for the dismissal.
new text end

Sec. 7.

new text begin [200.57] RIGHT OF ACTION; VENUE; PRELIMINARY RELIEF.
new text end

new text begin Subdivision 1. new text end

new text begin Right of action. new text end

new text begin (a) The attorney general, a county attorney, any individual
aggrieved by a violation of this act, any entity whose membership includes individuals
aggrieved by a violation of this act, any entity whose mission would be frustrated by a
violation of this act, or any entity that would expend resources in order to fulfill its mission
as a result of a violation of this act, may file an action in the district court for the county
where the challenged act or practice has occurred, or in the district court of Ramsey County.
Actions brought under this act are subject to expedited pretrial and trial proceedings and
must receive an automatic calendar preference. The state is a necessary party in any action
in which an alleged violation is based on a political subdivision's implementation of a state
law, if the state law does not afford discretion to the political subdivision in its
implementation of the law.
new text end

new text begin (b) In an action related to a districting or redistricting plan, any individual with standing
to challenge any single district shall be deemed to have standing to challenge the districting
or redistricting plan as a whole.
new text end

new text begin Subd. 2. new text end

new text begin Preliminary relief prior to election. new text end

new text begin In any action alleging a violation of this
act in which a plaintiff seeks preliminary relief with respect to an upcoming election, the
court shall grant relief if the court determines that:
new text end

new text begin (1) the plaintiffs are more likely than not to succeed on the merits; and
new text end

new text begin (2) it is possible to implement appropriate preliminary relief that would address the
alleged violation before the election.
new text end

Sec. 8.

new text begin [200.58] REMEDIES.
new text end

new text begin Notwithstanding any other law, if the court finds a violation of any provision of section
200.54, the court has authority to order remedies that are tailored to best mitigate the
violation. Any remedy ordered by the court must be constructed liberally in favor of a voter's
exercise of the right of suffrage. The court may consider, among others, any remedy that
has been ordered by a federal court or the court of another state jurisdiction, including
through a court-approved consent decree or settlement adopted in the context of similar
facts or to remedy a similar violation. The court shall consider remedies proposed by any
parties and may consider remedies proposed by interested nonparties. The court may not
provide deference or priority to a proposed remedy offered by a defendant or political
subdivision simply because the remedy has been proposed by the defendant or political
subdivision.
new text end

Sec. 9.

new text begin [200.59] FEES AND COSTS.
new text end

new text begin In any action brought under this act, the court shall award reasonable attorney fees and
litigation costs, including expert witness fees and expenses, to the party, other than a state
or a political subdivision, that filed the action and prevailed in the action. The party that
filed the action is considered to have prevailed if, as a result of the action, the party against
whom the action was filed has yielded or was ordered to yield some or all of the relief sought
in the action. If the party against whom the action was filed prevails in the action, the court
shall not award that party any costs unless the court finds the action is frivolous.
new text end

Sec. 10.

Minnesota Statutes 2022, section 412.02, subdivision 6, is amended to read:

Subd. 6.

Council increased or reduced.

The council may by ordinance adopted at least
60 days before the next regular city election submit to the voters of the city the question of
whether the city council should be increased or reduced to seven or five members. The
ordinance shall include a schedule of elections and terms new text begin and ward boundary changes, if
applicable, new text end to accomplish the change. The proposal shall be voted on at the next city general
election and, if approved by a majority of those voting on the question, go into effect in
accordance with the schedule new text begin and ward boundaries, if applicable new text end .

Sec. 11.

Minnesota Statutes 2022, section 412.02, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Wards. new text end

new text begin A city may by ordinance provide for the election of city council
members by ward. The ordinance must designate the boundaries of the wards. The ordinance
must also state whether the city will otherwise operate as a statutory standard plan city or
statutory optional plan city, subject to voter approval as may be required under this chapter.
new text end

Sec. 12. new text begin LEGISLATIVE FINDINGS.
new text end

new text begin (a) The legislature finds that election practices, procedures, and methods that deny or
impair the equal opportunity of racial, color, or language minority groups and Tribal
communities to participate in the political process or elect candidates of their choice are
inconsistent with the fundamental right to vote, and the rights and privileges guaranteed by
the Minnesota Constitution as well as protections found in the Fourteenth and Fifteenth
Amendments to the United States Constitution.
new text end

new text begin (b) The legislature finds that there is a history in Minnesota, as in the United States
overall, of discrimination based on race, color, language-minority status, and Tribal
membership, including in access to the political process. For example, that:
new text end

new text begin (1) the state constitution of 1857 limited the right to vote to white residents and Native
American voters "who have adopted the customs and habits of civilization," and invoked a
cultural purity test for Native American residents, requiring only Native American applicants
to appear before a district court to determine whether each individual was "capable of
enjoying the rights of citizenship within the State";
new text end

new text begin (2) Minnesota voters twice rejected expanding suffrage to Black residents, voting down
proposed constitutional amendments to do so in 1865 and again in 1867, and only granted
nonwhite men the right to vote in 1868, three years after the end of the Civil War;
new text end

new text begin (3) civil rights plaintiffs and the federal government have filed litigation and taken other
action against political subdivisions in Minnesota under the Federal Voting Rights Act of
1965, as amended, alleging violations of section 2 of that act;
new text end

new text begin (4) individuals who are members of racial, color, or language minority groups have
faced voter intimidation and disinformation in Minnesota, and that, for example, voters of
color in 2020 in the cities of Minneapolis and St. Paul were targeted by a plan to hire and
deploy armed paramilitia to polling locations, an attempt that was enjoined by a federal
district court judge; and
new text end

new text begin (5) the history of discrimination in Minnesota further includes but is not limited to
discrimination in housing, including the use of redlining, racially restrictive covenants on
housing deeds, and predatory lending practices; education; employment; health; criminal
justice; public works; transportation; land use; environmental protection; and other areas
of life.
new text end

new text begin (c) As a result of this history and persistent discrimination and socioeconomic inequities
that bear on the right to vote, members of racial, color, or language minority groups and
Tribal communities continue to face unequal barriers in exercising the franchise and
participating effectively in the political process.
new text end

new text begin (d) In light of these conditions, it is the legislature's intent by this act to encourage
participation in the elective franchise by all eligible voters and to provide voters in this state
with a means to secure their constitutional right to vote free from discrimination.
new text end

Sec. 13. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end