HF 1068

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             proposing an amendment to the Minnesota Constitution; 
  1.3             providing for a bipartisan congressional and 
  1.4             legislative reapportionment commission; amending the 
  1.5             Minnesota Constitution, article IV, section 3; and by 
  1.6             adding an article.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  1.9      An amendment to the Minnesota Constitution is proposed to 
  1.10  the people.  If the amendment is adopted, article IV, section 3, 
  1.11  will read as follows: 
  1.12     Sec. 3.  At its first session after each enumeration of the 
  1.13  inhabitants of this state made by the authority of the United 
  1.14  States, the legislature shall have the power to prescribe the 
  1.15  bounds of congressional and legislative districts.  Senators 
  1.16  shall be chosen by single districts of convenient contiguous 
  1.17  territory.  No representative district shall be divided in the 
  1.18  formation of a senate district.  The senate districts shall be 
  1.19  numbered in a regular series.  The legislature shall not 
  1.20  prescribe boundaries for the districts of senators and 
  1.21  representatives or for the districts of representatives in the 
  1.22  congress of the United States. 
  1.23     If the amendment is adopted, a new article will be added to 
  1.24  the Minnesota Constitution which will read as follows: 
  1.25                            ARTICLE XV
  1.26                    REAPPORTIONMENT COMMISSION
  2.1      Section 1.  [REAPPORTIONMENT COMMISSION.] In each year 
  2.2   ending in the number one, or when required by court order, a 
  2.3   reapportionment commission shall be established to draw the 
  2.4   boundaries of legislative and congressional districts. 
  2.5      The commission shall consist of nine members who are 
  2.6   eligible voters of the state.  One member shall be appointed by 
  2.7   the speaker of the house and one by the members of the house 
  2.8   representing political parties other than the party represented 
  2.9   by the speaker.  One member shall be appointed by the president 
  2.10  of the senate and one by the members of the senate representing 
  2.11  political parties other than the party represented by the 
  2.12  president.  Article IV, section 5, shall not apply to the 
  2.13  appointment of these four members of the reapportionment 
  2.14  commission.  The term "political party" as used in this section 
  2.15  shall have the meaning provided by law. 
  2.16     The remaining five members shall be appointed by unanimous 
  2.17  agreement of the legislative appointees.  The qualifications of 
  2.18  these members shall be provided by law. 
  2.19     Members of the commission shall be appointed within the 
  2.20  time provided by law but not later than March 15 when the 
  2.21  commission is established in a year ending in the number one.  
  2.22  The supreme court shall fill any vacancy caused by failure to 
  2.23  appoint a member within the time required by law. 
  2.24     Sec. 2.  [APPORTIONMENT STANDARDS.] The commission shall 
  2.25  draw the boundaries of legislative and congressional districts 
  2.26  in accordance with the requirements of this section.  There 
  2.27  shall be one district for each representative, senator, and 
  2.28  representative in congress.  No state representative district 
  2.29  shall be divided in the formation of a senate district. 
  2.30     All districts of the same kind shall be as equal in 
  2.31  population as practicable.  Population shall be the controlling 
  2.32  factor in drawing the district boundaries. 
  2.33     The districts shall be composed of compact and contiguous 
  2.34  territory.  To the extent consistent with other standards, the 
  2.35  boundaries of the districts shall follow the boundaries of local 
  2.36  governmental units and, wherever practicable, natural and 
  3.1   artificial physical boundaries.  No apportionment plan shall be 
  3.2   drawn for the purpose of favoring any person or political party. 
  3.3      Sec. 3.  [APPORTIONMENT PLAN.] The commission shall adopt 
  3.4   an apportionment plan within the time provided by law but not 
  3.5   later than December 1 when the commission is established in a 
  3.6   year ending in the number one.  The plan shall set forth all of 
  3.7   the new legislative and congressional districts.  An 
  3.8   apportionment plan is adopted by the commission when it is 
  3.9   approved by a vote of at least six of its members. 
  3.10     Sec. 4.  [EFFECTIVE DATE; ELECTIONS GOVERNED BY NEW 
  3.11  DISTRICTS.] An apportionment plan is effective when it is 
  3.12  adopted and any judicial proceedings under section 5 have been 
  3.13  completed.  The districts set forth in an apportionment plan 
  3.14  shall govern elections of state senators, state representatives, 
  3.15  and representatives in congress beginning with the first general 
  3.16  election after the plan is effective. 
  3.17     Sec. 5.  [JUDICIAL REVIEW; COURT DRAWN PLAN.] The supreme 
  3.18  court shall exercise original jurisdiction in any matter 
  3.19  relating to apportionment in the manner provided by law.  If the 
  3.20  commission fails to adopt an apportionment plan within the time 
  3.21  provided by law the supreme court shall adopt its own plan in 
  3.22  accordance with the requirements of section 2 of this article.  
  3.23  If an apportionment plan for legislative districts is adopted by 
  3.24  the supreme court later than April 1 of a general election year, 
  3.25  the time for establishing residency for legislative candidates 
  3.26  as set forth in article IV, section 6, is extended to either 45 
  3.27  days after the effective date of the plan or to the last day 
  3.28  provided by law for filing for office at the general election, 
  3.29  whichever is earlier. 
  3.30     Sec. 6.  [IMPLEMENTATION.] The legislature may enact the 
  3.31  laws necessary to implement this article provided that 
  3.32  reapportionment shall be governed by the law in effect on 
  3.33  January 1 of the year in which a reapportionment commission is 
  3.34  established. 
  3.35     Sec. 2.  [QUESTION.] 
  3.36     The amendment shall be submitted to the people at the 1996 
  4.1   general election.  The question proposed shall be: 
  4.2      "Shall the Minnesota Constitution be amended to transfer 
  4.3   from the legislature to a bipartisan commission the power to 
  4.4   draw the boundaries of legislative and congressional districts? 
  4.5                                      Yes .......
  4.6                                      No ........"