1.1                          A bill for an act 
  1.2             relating to elections; permitting local governments to 
  1.3             redraw election districts before the legislature has 
  1.4             been redistricted; requiring new election for all 
  1.5             members of a city council or county board following 
  1.6             redistricting; amending Minnesota Statutes 2002, 
  1.7             sections 204B.135, subdivision 1; 204B.14, 
  1.8             subdivisions 1a, 3; 205.84, subdivision 2; 375.025, 
  1.9             subdivision 4.  
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2002, section 204B.135, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [CITIES WITH WARDS.] A city that elects its 
  1.14  council members by wards may not redistrict those wards before 
  1.15  the legislature has been redistricted in a year ending in one or 
  1.16  two.  The wards must be redistricted within must redraw the ward 
  1.17  boundaries, if necessary, no later than 60 days after the 
  1.18  legislature has been redistricted or at least 19 weeks before 
  1.19  the state primary election in the year ending in two, whichever 
  1.20  is first. 
  1.21     Sec. 2.  Minnesota Statutes 2002, section 204B.14, 
  1.22  subdivision 1a, is amended to read: 
  1.23     Subd. 1a.  [LEGISLATIVE POLICY.] It is the intention of the 
  1.24  legislature to complete congressional and legislative 
  1.25  redistricting activities in time to permit counties and 
  1.26  municipalities to begin the process of reestablishing precinct 
  1.27  boundaries as soon as possible after the adoption of the 
  2.1   congressional and legislative redistricting plans but in no case 
  2.2   later than 25 weeks before the state primary election in the 
  2.3   year ending in two. 
  2.4      Sec. 3.  Minnesota Statutes 2002, section 204B.14, 
  2.5   subdivision 3, is amended to read: 
  2.6      Subd. 3.  [BOUNDARY CHANGES; PROHIBITIONS; EXCEPTION.] 
  2.7   Notwithstanding other law or charter provisions to the contrary, 
  2.8   during the period from January 1 in any year ending in zero to 
  2.9   the time when the legislature has been redistricted April 1 in a 
  2.10  the next year ending in one or two, no changes may be made in 
  2.11  the boundaries of any election precinct except as provided in 
  2.12  this subdivision. 
  2.13     (a) If a city annexes an unincorporated area located in the 
  2.14  same county as the city and adjacent to the corporate boundary, 
  2.15  the annexed area may be included in an election precinct 
  2.16  immediately adjacent to it.  
  2.17     (b) A municipality or county may establish new election 
  2.18  precincts lying entirely within the boundaries of any existing 
  2.19  precinct and shall assign names to the new precincts which 
  2.20  include the name of the former precinct.  
  2.21     (c) Precinct boundaries must be reestablished within 60 
  2.22  days of the time when after the legislature has been 
  2.23  redistricted, or at least 19 weeks before the state primary 
  2.24  election in a year ending in two, whichever comes first.  The 
  2.25  adoption of reestablished precinct boundaries becomes effective 
  2.26  on the date of the state primary election in the year ending in 
  2.27  two. 
  2.28     Precincts must be arranged so that no precinct lies in more 
  2.29  than one legislative or congressional district.  
  2.30     Sec. 4.  Minnesota Statutes 2002, section 205.84, 
  2.31  subdivision 2, is amended to read: 
  2.32     Subd. 2.  [EFFECTIVE DATE.] After the official 
  2.33  certification of the federal decennial or special census, the 
  2.34  governing body of the city shall either confirm the existing 
  2.35  ward boundaries as conforming to the standards of subdivision 1 
  2.36  or redefine ward boundaries to conform to those standards as 
  3.1   provided in section 204B.135, subdivision 1.  If the governing 
  3.2   body of the city fails to take either action within the time 
  3.3   required, no further compensation shall be paid to the mayor or 
  3.4   council member until the wards of the city are either 
  3.5   reconfirmed or redefined as required by this section.  An 
  3.6   ordinance establishing new ward boundaries pursuant to section 
  3.7   204B.135, subdivision 1, becomes effective on the date of the 
  3.8   state primary election in the year ending in two for the first 
  3.9   municipal general election after it has been adopted, but no 
  3.10  later than the year ending in three, and all members of the 
  3.11  council must be elected at that election.  In a city where 
  3.12  council members are elected by ward to serve for staggered terms 
  3.13  of four years, the council shall provide by ordinance for the 
  3.14  manner in which some members will be elected initially to terms 
  3.15  of four years and some to terms of two years.  
  3.16     Sec. 5.  Minnesota Statutes 2002, section 375.025, 
  3.17  subdivision 4, is amended to read: 
  3.18     Subd. 4.  [REDISTRICTING PLAN; ELECTION FOLLOWING 
  3.19  REDISTRICTING.] A redistricting plan whether prepared by the 
  3.20  county board or the redistricting commission shall be filed in 
  3.21  the office of the county auditor.  A redistricting plan shall be 
  3.22  effective on the 31st day after filing unless a later effective 
  3.23  date is specified but no plan shall be effective for the next 
  3.24  election of county commissioners unless the plan is filed with 
  3.25  the county auditor not less than 30 days before the first date 
  3.26  candidates may file for the office of county commissioner.  One 
  3.27  commissioner shall be elected in each district who, at the time 
  3.28  of the election, is a resident of the district.  A person 
  3.29  elected may hold the office only while remaining a resident of 
  3.30  the commissioner district or, after June 15 during a year ending 
  3.31  in "2", while remaining a resident of the county.  The county 
  3.32  board or the redistricting commission shall determine the number 
  3.33  of members of the county board who shall be elected for two-year 
  3.34  terms and for four-year terms to provide staggered terms on the 
  3.35  county board.  Thereafter, all commissioners shall be elected 
  3.36  for four years.  When a county is redistricted, there shall be a 
  4.1   new election of commissioners in all the districts at the next 
  4.2   general election except that if the change made in the 
  4.3   boundaries of a district is less than five percent of the 
  4.4   average of all districts of the county, the commissioner in 
  4.5   office at the time of the redistricting shall serve for the full 
  4.6   period for which elected. 
  4.7      Sec. 6.  [EFFECTIVE DATE.] 
  4.8      This act is effective January 1, 2011.