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HF 4598

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/08/2024 03:53pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/05/2024
1st Engrossment Posted on 03/18/2024

Current Version - 1st Engrossment

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A bill for an act
relating to the legislature; proposing an amendment to the Minnesota Constitution,
article IV, sections 3, 5, and 12; by adding an article XV; establishing an
Independent Redistricting Commission; establishing a Redistricting Commission
Applicant Review Panel; establishing principles to be used in adopting legislative
and congressional districts; prohibiting members of the legislature from being
employed or engaged for compensation as a lobbyist for a period of one year
following the end of their legislative service; amending requirements related to
the convening and conduct of regular legislative sessions; amending Minnesota
Statutes 2022, sections 2.031, by adding a subdivision; 2.731; 10A.01, subdivision
35; proposing coding for new law in Minnesota Statutes, chapters 2; 2A; repealing
Minnesota Statutes 2022, section 2.91.

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

ARTICLE 1

CONSTITUTIONAL AMENDMENTS; INDEPENDENT REDISTRICTING
COMMISSION

Section 1. new text begin CONSTITUTIONAL AMENDMENTS PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the amendment
is adopted, article IV, section 3, will read:
new text end

Sec. 3.

deleted text begin At its first session after each enumeration of the inhabitants of this state made
by the authority of the United States, the legislature shall have the power to prescribe the
bounds of congressional and legislative districts.
deleted text end Senators shall be chosen by single districts
deleted text begin of convenient contiguous territorydeleted text end . No representative district shall be divided in the formation
of a senate district. The senate districts shall be numbered in a regular series.new text begin A senate
district must consist of two whole representative districts, labeled "A" and "B," respectively.
new text end

new text begin Article IV, section 5, will read:
new text end

Sec. 5.

No senator or representative shall hold any other office under the authority of
the United States or the state of Minnesota, except that of postmaster or of notary public.
If elected or appointed to another office, a legislator may resign from the legislature by
tendering his resignation to the governor.

new text begin No senator or representative may be employed as a lobbyist, or otherwise receive
compensation for services as a lobbyist, while seated in the legislature and for a period of
one year following the end of the senator or representative's legislative service. "Lobbyist"
shall be defined by law.
new text end

new text begin Article IV, section 12, will read:
new text end

Sec. 12.

The legislature shall meet at the seat of government in regular session in each
biennium at the times prescribed by law deleted text begin for not exceeding a total of 120 legislative daysdeleted text end .
deleted text begin The legislature shall not meet in regular session, nor in any adjournment thereof, after the
first Monday following the third Saturday in May of any year.
deleted text end After meeting at a time
prescribed by law, the legislature may adjourn to another time. "Legislative day" shall be
defined by law. A special session of the legislature may be called by the governor on
extraordinary occasions.

Neither house during a session of the legislature shall adjourn for more than three days
(Sundays excepted) nor to any other place than that in which the two houses shall be
assembled deleted text begin without the consent of the other housedeleted text end new text begin except upon notice by message to the
other house
new text end .

new text begin Article XV shall be added to read:
new text end

new text begin ARTICLE XV
new text end new text begin INDEPENDENT REDISTRICTING COMMISSION
new text end

new text begin Section 1. new text end

new text begin By December 31, 2031, and each year following a federal decennial census
thereafter, an Independent Redistricting Commission shall adopt boundaries of congressional
and legislative districts. The commission is established within the legislative department
and consists of the following members:
new text end

new text begin (1) five members who support the first political party;
new text end

new text begin (2) five members who support the second political party; and
new text end

new text begin (3) five members who do not affiliate with either the first political party or the second
political party.
new text end

new text begin For purposes of this constitution and any subsequent enabling law, the "first political
party" means the political party receiving the highest number of combined votes for state
constitutional offices and United States Senate during the period since a statewide legislative
district plan was last ordered or adopted, aggregated across all elections conducted during
that period; and the "second political party" means the political party receiving the
second-highest number of combined votes for state constitutional offices and United States
Senate during the period since a statewide legislative district plan was last ordered or adopted,
aggregated across all elections conducted during that period.
new text end

new text begin Sec. 2. new text end

new text begin A commission member must be a resident of Minnesota, have continuously
resided in Minnesota during the current year and the immediately preceding six years, and
be eligible to vote in Minnesota.
new text end

new text begin The following individuals are ineligible to serve on the Independent Redistricting
Commission, on the Redistricting Commission Applicant Screening Panel, or as
administrative, professional, or technical staff or consultants to either the commission or
screening panel:
new text end

new text begin (1) current federal, state, or local elected officials, and their immediate family members;
new text end

new text begin (2) current appointed officials who are defined by law as public officials, and their
immediate family members;
new text end

new text begin (3) individuals who have served in any federal, state, or local elected office or appointed
position defined by law as a public official in Minnesota during the current year and
immediately preceding six years, and their immediate family members;
new text end

new text begin (4) individuals who have been a candidate for any federal, state, or local elective office
in Minnesota during the current year and the immediately preceding six years, and their
immediate family members;
new text end

new text begin (5) individuals who have served as an officer, paid consultant, or contractor to any
political party, political action committee, or campaign committee at the federal, state, or
local level for any period during the current year or the immediately preceding six years,
and their immediate family members;
new text end

new text begin (6) individuals who have served as a staff member, paid consultant, or contractor for
any elected official or candidate for any federal, state, or local office for any period during
the current year and the immediately preceding six years, and their immediate family
members; and
new text end

new text begin (7) individuals who have been a lobbyist registered with the state of Minnesota or the
federal government for any period during the current year and the immediately preceding
six years, and their immediate family members.
new text end

new text begin Sec. 3. new text end

new text begin No later than January 1 of the year of a decennial census, the chief justice of the
supreme court must appoint two retired judges who served a federal, state, or Tribal court
of jurisdiction in Minnesota to a Redistricting Commission Applicant Screening Panel. One
of these appointees must support the first political party, and one of these appointees must
support the second political party. The two appointees of the chief justice must mutually
agree on one additional retired federal, state, or Tribal court judge who is not affiliated with
either the first political party or the second political party, to serve as the third member of
the panel and as its chair. Each member of the panel must commit to conduct the work of
the panel in a fair and impartial manner, and must not attempt to create an advantage in the
applicant screening process for any political party. The purpose of the Redistricting
Commission Applicant Screening Panel is to solicit applications from members of the public
for service on the Independent Redistricting Commission, to review applications to determine
each applicant's qualifications, conflicts of interest, party affiliation, relevant experiences
and skills, community ties, and commitment to impartiality, compromise, and fairness, and
to establish pools of well-qualified candidates to be used in selecting commission members
by random lot.
new text end

new text begin No later than July 1 of the year of a decennial census, the screening panel must close
the application period and select, by majority vote of the panel, a pool of 30 qualified
applicants to serve in the role of a commission member supporting the first political party;
a pool of 30 qualified applicants to serve in the role of a commission member supporting
the second political party; and a pool of 30 qualified applicants to serve in the role of a
commission member who does not affiliate with either the first political party or the second
political party. To the extent practicable, the screening panel must ensure that each applicant
pool consists of well-qualified applicants and reflects the gender, socioeconomic, age, racial,
language, ethnic, and geographic diversity of the state. Each congressional district must be
represented by at least two applicants in each applicant pool. The panel must make public
the name, the current place of residence, and the partisan affiliation, if any, of each person
selected for an applicant pool. The panel must make this information available on its website
and provide a portal for the submission of public comments on each applicant. Submitted
comments may only be viewed by the panel's members. The panel must itself, or by contract
with a professional search firm, conduct and publicly broadcast individual screening
interviews with the applicants identified in each pool. The purpose of the screening interview
must be to examine the applicant's qualifications, conflicts of interest, party affiliation,
relevant experiences and skills, community ties, and commitment to impartiality, compromise,
and fairness.
new text end

new text begin After reviewing the public comments and conducting interviews, but no later than
September 15 of the year of a decennial census, the screening panel must select and publish
a list of finalists who are well-qualified and collectively reflect a geographically and
demographically representative cross section of the state. The list of finalists must include
15 applicants who support the first political party, 15 applicants who support the second
political party, and 15 applicants who do not affiliate with either the first or second political
party.
new text end

new text begin No later than October 15 of the year of a decennial census, the chair of the screening
panel must choose, by random lot in a public meeting, three applicants from the pool of 15
finalists supporting the first political party, three applicants from the pool of 15 finalists
supporting the second political party, and three applicants from the pool of 15 finalists that
do not affiliate with either the first political party or the second political party. The chosen
applicants shall be seated as members of the Independent Redistricting Commission. The
chair of the screening panel must convene the first meeting of the commission no later than
30 days after the members chosen by random lot have been selected. No later than 60 days
following its first meeting, the seated Independent Redistricting Commission members must
convene and assess the demographic and geographic diversity of the nine members and
must review and select, by majority vote, a total of six additional members, two members
from each of the pools of applicants selected by the Redistricting Commission Applicant
Screening Panel to be seated. The six additional members shall be chosen to ensure the
commission reflects this state's diversity, including but not limited to racial, ethnic,
geographic, and gender diversity. It is not intended that formulas or specific ratios be applied
for this purpose. At least one member of the commission supporting the first party and one
member for the commission supporting the second party must vote in favor of each member
seated from the pool of applicants that do not affiliate with either the first political party or
the second political party. In the event of an impasse, the chair of the Redistricting
Commission Applicant Screening Panel must choose any remaining members by lot from
among the applicable pool of applicants established by the panel. The Independent
Redistricting Commission may not conduct further business until all commission members
have been chosen and seated.
new text end

new text begin A member of the commission may be removed, for cause, by a vote of 12 members,
including the affirmative vote of at least one member supporting the first political party,
one member supporting the second political party, and one member that is not affiliated
with either the first or second political party. Standards for removal and the ethical conduct
of commission members may be further provided by law. The chief justice of the supreme
court must fill a vacancy on the commission by random lot, from among the pool of
applicants selected by the screening panel that corresponds to the party affiliation of the
vacating member. The selection process must be open for public viewing.
new text end

new text begin A commission member may not be seated as a member of the house of representatives
or the senate during any year in which a district map adopted by the commission on which
the member served is in effect.
new text end

new text begin Sec. 4. new text end

new text begin The commission must elect a chair, vice-chair, and other officers from among
its members. A quorum of the commission is nine members.
new text end

new text begin The commission must adopt a schedule of public hearings and other hearing and
administrative procedures to guide the conduct of its work. The schedule and procedures
must be designed in favor of transparency, and to maximize opportunities for public
participation and public comment on the commission's work. The commission must solicit
public comment on the locations to be used for public hearings before a schedule is adopted.
new text end

new text begin The commission must solicit public comment on its map drawing process, its methods
of applying the required principles, and on the maps proposed by commission members. It
must also provide opportunities for members of the public to submit proposed maps and
proposed methods of applying the required principles and allow opportunities in a public
meeting for other members of the public to review and comment on those proposed maps
and methods of applying the required principles.
new text end

new text begin Consistent with available technology, the commission must provide opportunities for
the public to view and participate in commission meetings by electronic means, and to
access the work of the commission in multiple languages.
new text end

new text begin A redistricting plan must not be adopted unless the commission has conducted at least
two public hearings in each congressional district at which an opportunity for public comment
is provided, including one public hearing before any map is drawn, and one public hearing
after a proposed map is made public. To be adopted, a redistricting plan must be approved
in a public meeting by at least nine members, including at least two who support the first
political party, two who support the second political party, and one who does not affiliate
with either the first or second political parties. A vote on a final redistricting plan may not
occur unless the final plan has been publicly posted for at least 14 days. At a meeting where
a redistricting plan is proposed for final adoption, the commission may only amend the plan
for the purpose of making technical corrections. The meaning of a technical correction, and
procedures for adopting technical corrections after the commission has expired, may be
provided by law.
new text end

new text begin The commission must adopt a final redistricting plan no later than December 31 of the
year following a decennial census. Each adopted plan, along with a report summarizing the
commission's work on the plan, how it responds to public input received by the commission,
and how it adheres to the requirements of this constitution and other applicable law, must
be filed with the secretary of state no later than seven days following its adoption.
new text end

new text begin The commission must hire necessary administrative, professional, and technical staff to
assist the commission in its work. Any staff employed by the commission must report to
the commission and owe a duty of care and duty of loyalty to the commission as a whole.
Staff must be screened for potential biases or conflicts of interest and must demonstrate the
necessary experience, expertise, and skills in the conduct of redistricting.
new text end

new text begin A redistricting plan adopted by the commission is effective beginning at the state general
election held the second year following the federal decennial census and thereafter, until
new district plans are adopted. The commission expires when both legislative and
congressional redistricting plans have been adopted and filed with the secretary of state,
but may be reconstituted as required by this constitution.
new text end

new text begin Sec. 5. new text end

new text begin Congressional and legislative districts must be drawn in accordance with the
principles listed in this section. If districts cannot be drawn fully in accordance with all
principles, priority must be given to the principles in the order in which they are listed,
except when doing so would violate federal law, including requirements of the United States
Constitution and the federal Voting Rights Act of 1965, as amended.
new text end

new text begin Each congressional district must be as nearly equal in total population as practicable.
Each legislative district must be substantially equal in total population. The maximum
permissible deviation for a legislative district is three percent, plus or minus, from the total
population of the ideal district. The population counts used for purposes of drawing district
maps must be the block population counts provided to the state under Public Law 94-171,
or a successor law, after each decennial census, subject to the correction of any errors
acknowledged by the United States Census Bureau, and as adjusted to allocate each person
incarcerated in a state or federal correctional facility to the census block of the person's last
known address, if the person has a last known address in Minnesota, and to exclude
incarcerated persons whose last known address is not located in Minnesota or who do not
have a last known address. The legislature may provide procedures by law for the conduct
of these allocations and exclusions.
new text end

new text begin Districts must provide, at a minimum:
new text end

new text begin (1) the equal opportunity of racial, ethnic, and language minorities to participate in the
political process and to elect candidates of their choice, whether alone or in coalition with
others; and
new text end

new text begin (2) sizable racial, ethnic, and language minorities who constitute less than a voting-age
majority of a district with an opportunity to substantially influence the outcome of an election.
new text end

new text begin Federally recognized American Indian Tribal reservations may only be divided if:
new text end

new text begin (1) the division occurs because a portion of the reservation is not contiguous with another
portion of the reservation; or
new text end

new text begin (2) despite the division, the known population of the reservation remains wholly located
within a single district.
new text end

new text begin Districts must minimize the division of identifiable communities of interest. A community
of interest may include a racial, ethnic, or linguistic group or any group with shared
experiences or concerns, including but not limited to geographic, regional, social, cultural,
historic, socioeconomic, occupational, trade, or transportation interests. Communities of
interest do not include relationships with political parties, incumbents, or candidates. A
political subdivision is not, by itself, a community of interest. Where communities of interest
overlap, greater consideration must be given to those communities of interest whose
representational needs would be most benefited from the community's inclusion in a single
district.
new text end

new text begin Each district must be contiguous. Contiguity by water is sufficient if the water is not a
serious obstacle to travel within the district. A district with areas that touch only at a point
is not contiguous.
new text end

new text begin Districts must minimize the division of counties, cities, school districts, and towns to
the extent practicable.
new text end

new text begin Sec. 6. new text end

new text begin A redistricting plan must not purposely favor or disfavor a candidate or
incumbent. The statewide proportion of districts in each redistricting plan that favor a
political party must correspond closely to the statewide partisan preferences for the voters
of Minnesota for that party.
new text end

new text begin The statewide proportion of districts in each redistricting plan that favor a political party
must be determined by:
new text end

new text begin (1) calculating the number of districts in the redistricting plan that would have been won
by the candidates representing the first political party and the second political party using
the two-party vote in each statewide partisan general election held in the preceding six years
for which precinct-level data is available;
new text end

new text begin (2) dividing each of these numbers by the total number of districts in the redistricting
plan to obtain the proportion of districts in the redistricting plan that would have been won
by candidates representing the first political party and the second political party in each
general election; and
new text end

new text begin (3) calculating the median of these proportions for each political party.
new text end

new text begin The statewide partisan preferences of the voters of Minnesota must be determined by:
new text end

new text begin (1) calculating the proportion of the statewide two-party vote received by the candidates
representing the first political party and the second political party in each statewide partisan
general election held in the preceding six years for which precinct-level data is available;
and
new text end

new text begin (2) calculating the median of these proportions for each political party.
new text end

new text begin To "correspond closely" means that the statewide proportion of districts in each
redistricting plan that favor each political party deviates by no more than three percentage
points in either direction, or if this is arithmetically impossible, by the smallest possible
proportion that is larger than three percentage points, from the statewide partisan preferences
of the voters of Minnesota.
new text end

new text begin Sec. 7. new text end

new text begin If the Independent Redistricting Commission fails to adopt a final redistricting
plan by December 31 of the year following a decennial census, each member of the
commission may submit, within five business days, no more than one proposed redistricting
plan for each redistricting plan that is the subject of impasse for a total vote runoff process.
Each commissioner must rank all submitted redistricting plans in decreasing order of
preference. The submitted redistricting plan that wins a total vote runoff shall be the final
adopted redistricting plan. The chair of the commission must conduct the total vote runoff
process and select the final redistricting plan in a public meeting. In the event of a tie, the
chair must select, by lot, the final redistricting plan from among the tied plans, in the same
public meeting.
new text end

new text begin Sec. 8. new text end

new text begin The supreme court shall have exclusive, original jurisdiction in all cases alleging
that a redistricting plan adopted by the commission fails to comply with this article or other
applicable law. The commission shall have exclusive standing to defend any action
challenging the adoption of a redistricting plan, and notwithstanding its expiration, may
reconstitute itself under its own authority for this purpose.
new text end

new text begin If the supreme court or other court of jurisdiction determines that an adopted redistricting
plan does not comply with the requirements of this article or other applicable law, the
commission may be reconstituted by court order, or may reconstitute itself under its own
authority, for the purpose of adopting a compliant plan. The membership of the reconstituted
commission must be the same membership that adopted the noncompliant plan, subject to
the filling of vacancies as provided in this article. If, after the commission has been
reconstituted, the court finds that a newly adopted redistricting plan does not comply with
the requirements of this article, the court may order other appropriate relief, including
drawing and ordering new districts under its own authority. A redistricting plan ordered by
the supreme court must conform to the requirements of sections 5 and 6.
new text end

new text begin Sec. 9. new text end

new text begin The legislature must provide appropriations by law to sufficiently fund the work
of the Independent Redistricting Commission and the Redistricting Commission Applicant
Screening Panel, including necessary amounts for administrative, professional, and technical
services; litigation costs; and other reasonable expenses. Notwithstanding article XI, if
sufficient funds are not appropriated by law, the supreme court may order that money be
paid out of the state treasury for this purpose.
new text end

new text begin Sec. 10. new text end

new text begin If any provision of this article, or a subsequent enabling law, is found to be
unconstitutional and void, the remaining provisions of this article or the subsequent enabling
law remain valid, unless the court finds the valid provisions are so essentially and inseparably
connected with, and dependent upon, the void provisions that the court cannot presume the
remaining valid provisions would have been enacted without the void one, or unless the
court finds that the remaining valid provisions, standing alone, are incomplete and incapable
of being executed in accordance with their intent.
new text end

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin (a) The proposed amendment must be submitted to the people at the 2024 general election.
The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to require an independent redistricting
commission to adopt boundaries for congressional and legislative districts following a
decennial census; to prohibit members of the legislature from serving as lobbyists while in
office and for a period of one year after leaving office; and to amend requirements related
to the timing and process for convening regular legislative sessions?
new text end

new text begin Yes .
new text end
new text begin No .
new text end
new text begin "
new text end

new text begin (b) The ballot question title required under Minnesota Statutes, section 204D.15,
subdivision 1, must be "Conflict of Interest - Legislative Reform."
new text end

ARTICLE 2

INDEPENDENT REDISTRICTING COMMISSION; STATUTORY
IMPLEMENTATION

Section 1.

Minnesota Statutes 2022, section 2.031, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Numbering. new text end

new text begin Legislative districts must be numbered in a regular series, beginning
with House of Representatives District 1A in the northwest corner of the state and proceeding
across the state from west to east, north to south. In a county that includes more than one
whole senate district, the districts must be numbered consecutively.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2030, if the constitutional
amendments in article 1 are adopted.
new text end

Sec. 2.

Minnesota Statutes 2022, section 2.731, is amended to read:


2.731 NUMBER OF DISTRICTS.

The state of Minnesota is divided into eight congressional districts, each of which is
entitled to elect one representative to the Congress of the United States of America.new text begin
Congressional district numbers must begin with the first district in the southeast corner of
the state and end with the district with the highest number in the northeast corner of the
state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2030, if the constitutional
amendments in article 1 are adopted.
new text end

Sec. 3.

new text begin [2.94] REDISTRICTING COMMISSION APPLICANT SCREENING PANEL.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section establishes and implements the Redistricting
Applicant Screening Panel consistent with article XV of the Minnesota Constitution. Except
where otherwise provided, the terms used in this section are defined consistently with those
as used in the Minnesota Constitution, article XV.
new text end

new text begin Subd. 2. new text end

new text begin Appointments; first meeting; compensation. new text end

new text begin (a) No later than January 1 of
the year of a decennial census, the chief justice of the supreme court must appoint two
retired federal or state judges to serve on the Redistricting Commission Applicant Screening
Panel. The chief justice must designate one of the retired judges to convene the panel's first
meeting. The first meeting must be convened no later than February 15 of the year of a
decennial census. No later than March 1 of that year, the two appointees must agree on a
third retired federal or state judge to complete the panel's membership.
new text end

new text begin (b) Members of the panel may be compensated and receive expense reimbursement as
provided by section 15.0575, subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Ethics; conflicts of interest; ex parte communications. new text end

new text begin (a) Members of the
panel are public officials for purposes of chapter 10A. In addition to the prohibitions in
section 10A.071, a member of the panel may not accept a gift as defined in that section
from a member of the legislature, a member of Congress, or a staff member to a member
of the legislature or Congress.
new text end

new text begin (b) Members of the panel may not communicate with a member of the legislature, a
member of Congress, or a staff member to a member of the legislature or Congress about
the panel's work.
new text end

new text begin (c) The prohibitions in this subdivision apply during the period beginning at the time of
the panel member's appointment and until the panel member has completed the panel
member's work. A member of the legislature, a member of Congress, or a staff member to
a member of the legislature or Congress must not give a gift, promise a future gift, or engage
in communication that a panel member is prohibited from receiving under this subdivision,
and must not request another person to give a gift, promise a future gift, or engage in
communication with a panel member, directly or indirectly, in an attempt to circumvent the
prohibitions of this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Outreach and solicitation of applications. new text end

new text begin The panel must develop and
implement an outreach plan to inform the public about the work of the Independent
Redistricting Commission and to encourage interested persons to apply for appointment.
The panel must make an application form available for this purpose. The panel must make
reasonable efforts to ensure the application process is widely publicized and distributed
through media and other available channels, with a goal of facilitating a large application
pool consisting of well-qualified individuals who reflect a geographically and
demographically representative cross section of the state. Information about the work of
the commission and the application process must be made available in multiple languages.
The panel must consult with the state demographer for the purpose of ensuring that materials
in accessible languages are targeted to appropriate regions of the state.
new text end

new text begin Subd. 5. new text end

new text begin Application contents; required disclosures. new text end

new text begin In addition to other information
as determined by the panel, the application for membership on the Independent Redistricting
Commission must require each applicant to disclose the information required by section
10A.09, and the following:
new text end

new text begin (1) contributions made by the applicant to federal, state, or local candidates for elective
office, political parties, and political committees, including direct and in-kind contributions
during the current year and immediately preceding six years;
new text end

new text begin (2) the applicant's history of partisan affiliations, including primary ballots voted,
nonmonetary contributions to political campaigns, and any other political engagement,
including but not limited to involvement in political campaigns or other political organizations
whether paid or volunteer;
new text end

new text begin (3) the identity of any family members who would be ineligible to serve on the
commission according to the requirements of this constitution;
new text end

new text begin (4) personal or professional relationships with persons during the current year or the
immediately preceding six years who would be ineligible to serve on the commission
according to the requirements of this constitution; and
new text end

new text begin (5) any financial or other information that may be required by law.
new text end

new text begin These disclosures must be posted on the panel's website.
new text end

new text begin Subd. 6. new text end

new text begin Open meetings; data practices. new text end

new text begin The panel is subject to chapters 13 and 13D.
Data on applicants for appointment to the commission are governed by section 13.601,
subdivision 3, except that data required to be disclosed under this section or the Minnesota
Constitution, article XV, is also public. Comments submitted by members of the public
about applicants for appointment to the commission are private data, as defined in section
13.02, subdivision 12, on the member of the public who submitted the comment.
new text end

new text begin Subd. 7. new text end

new text begin General powers; staffing and professional services. new text end

new text begin (a) The panel has the
powers necessary to carry out its responsibilities as required by the constitution and this
chapter. The panel may employ nonpartisan staff and enter other agreements to secure
necessary administrative, professional, and technical services as it deems necessary. Staff
employed by the panel serve in the unclassified service and owe a duty of care and duty of
loyalty to the panel as a whole. Staff, and any other person retained by the panel for the
purpose of providing professional support, must be screened for potential biases and conflicts
of interest and must demonstrate the experience, expertise, and skills necessary to assist the
panel in its work.
new text end

new text begin (b) Prior to January 1 in the year of the decennial census, the director of the Legislative
Coordinating Commission must contract with a consultant who will provide the panel with
operational and logistical support. The Legislative Coordinating Commission must assist
the panel in hiring additional staff and securing adequate office and meeting space.
new text end

new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin The panel expires upon its certification to the chief justice of the
supreme court that it has established and transmitted to the chief justice and to the
Independent Redistricting Commission its pools of applicants for appointment to the
commission consistent with the requirements of this section and the Minnesota Constitution,
article XV, except that the panel chair must continue to perform any duties required by the
Minnesota Constitution, this section, and section 2.95, as applicable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2030, and applies to the 2030
redistricting cycle and thereafter, if the constitutional amendments in article 1 are adopted.
new text end

Sec. 4.

new text begin [2.95] INDEPENDENT REDISTRICTING COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section establishes and implements the Independent
Redistricting Commission consistent with article XV of the Minnesota Constitution. Except
where otherwise provided:
new text end

new text begin (1) the terms used in this section are defined consistently with those as used in the
Minnesota Constitution, article XV; and
new text end

new text begin (2) the dates referenced in this section refer to those dates in the year following a federal
decennial census.
new text end

new text begin Subd. 2. new text end

new text begin Appointments; first meeting; compensation and removal. new text end

new text begin (a) No later than
October 15 of the year of a decennial census, the chief justice of the supreme court must
select by random lot the members of the Independent Redistricting Commission from among
the applicant pools established by the Redistricting Commission Applicant Review Panel,
consistent with the requirements of the Minnesota Constitution, article XV.
new text end

new text begin (b) No later than November 15 of the year of a decennial census, the chair of the
Redistricting Commission Applicant Review Panel must convene the first meeting of the
commission. The panel chair must preside at commission meetings until a commission chair
is elected, but the panel chair is not a commission member and, except for ministerial
functions required by law and necessary to facilitate its organization, must not otherwise
participate in the commission's work. The commission must be fully seated and must elect
a chair and other officers from among all appointed members no later than 60 days following
its first meeting.
new text end

new text begin (c) Members of the commission are entitled to compensation and expense reimbursement,
consistent with the amounts provided by section 15.0575, subdivision 3.
new text end

new text begin (d) A member of the commission may only be removed for cause by a vote of 12
members, including the vote of at least one member supporting the first political party, one
member supporting the second political party, and one member that is not affiliated with
either the first or second political party. Prior to a vote to remove a member, the commission
must provide notice, a public hearing, and an opportunity for members of the public to
comment on the proposed removal. Cause for removal includes but is not limited to the
following:
new text end

new text begin (1) knowing failure to disclose information required by law;
new text end

new text begin (2) willful disregard for the requirements governing the conduct of redistricting provided
by the constitution or applicable law;
new text end

new text begin (3) wanton and willful neglect of duty or gross misconduct or malfeasance in office;
new text end

new text begin (4) a member's incapacity or inability to perform required duties;
new text end

new text begin (5) any action that undermines the public's trust in the commission or in the conduct of
a fair redistricting process;
new text end

new text begin (6) engaging in ex parte communication about the work of the commission with a member
of the legislature, a member of Congress, or a staff member to a member of the legislature
or Congress, in violation of this section; and
new text end

new text begin (7) missing three consecutive commission meetings.
new text end

new text begin Subd. 3. new text end

new text begin Ethics; conflicts of interest; ex parte communications. new text end

new text begin (a) Members of the
commission are public officials for purposes of chapter 10A. In addition to the prohibitions
in section 10A.071, a member of the commission may not accept a gift as defined in that
section from a member of the legislature, a member of Congress, or a staff member to a
member of the legislature or Congress.
new text end

new text begin (b) Members of the commission may not communicate with a member of the legislature,
a member of Congress, or a staff member to a member of the legislature or Congress, about
the commission's work. A staff member to a member of the legislature may communicate
with a staff member to the commission to the extent required to fulfill a duty of the
constitution or this chapter.
new text end

new text begin (c) The prohibitions in this subdivision apply during the period beginning at the time of
the member's appointment and until the commission has adopted and filed its redistricting
plans with the secretary of state, and during any period in which the commission is
reconstituted pursuant to its own authority or by court order. A member of the legislature,
a member of Congress, or a staff member to a member of the legislature or Congress may
not give a gift, promise a future gift, or engage in communication that a commission member
is prohibited from receiving under this subdivision, and may not request another person to
give a gift, promise a future gift, or engage in communication with a commission member,
directly or indirectly, in an attempt to circumvent the prohibitions of this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Open meetings; data practices; language access. new text end

new text begin (a) The commission is
subject to chapters 13 and 13D. A map proposal that is created by the commission or its
staff, and any communications or supporting data associated with a map proposal, are
nonpublic data as defined in section 13.02, subdivision 9, until the map proposal is presented
to the commission in a public meeting. Supporting data do not include preliminary drafts
of a map proposal or communications related to a preliminary draft. The commission may
disclose any of its data at any time if disclosure would aid the commission in considering
and preparing its proposals.
new text end

new text begin (b) Consistent with section 13D.015, the commission may permit its members to
participate in a congressional district hearing by interactive technology, provided that at
least one member of the commission is physically present at a meeting location in the
designated congressional district. Notwithstanding section 13D.015, a commission member
need not be present at the commission's regular meeting location during a congressional
district hearing.
new text end

new text begin (c) At a minimum, commission materials must be made available in all languages in
which voting materials in any jurisdiction of the state are required to be distributed under
section 204B.295 or other applicable federal or state law.
new text end

new text begin Subd. 5. new text end

new text begin Schedule of hearings; public hearing and administrative procedures. new text end

new text begin The
commission must adopt a schedule of public hearings and necessary hearing and
administrative procedures to guide the conduct of its work. The schedule and procedures
must be posted on the commission's website. The schedule and procedures are not rules for
purposes of chapter 14, and section 14.386 does not apply.
new text end

new text begin Subd. 6. new text end

new text begin General powers; staffing and professional services. new text end

new text begin (a) The commission has
the powers necessary to carry out its responsibilities as required by the constitution and this
chapter. The commission may employ nonpartisan staff and enter other agreements to secure
necessary legal counsel, information technology, geographic information systems, and other
administrative, professional, and technical services as it deems necessary. Staff employed
by the commission serve in the unclassified service, and owe a duty of care and duty of
loyalty to the commission as a whole. Commission staff, and any other person retained by
the commission for the purpose of providing professional support, must be screened for
potential biases and conflicts of interest and must demonstrate the experience, expertise,
and skills necessary to assist the commission in its work.
new text end

new text begin (b) Prior to January 1 in the year of the decennial census, the director of the Legislative
Coordinating Commission must contract with a consultant who will provide the commission
with operational and logistical support. The Legislative Coordinating Commission must
assist the commission in hiring additional staff and securing adequate office and meeting
space.
new text end

new text begin Subd. 7. new text end

new text begin Data to be used. new text end

new text begin (a) The geographic areas and population counts used in maps,
tables, and legal descriptions of legislative and congressional districts must be those used
by the Geographic Information Services (GIS) Office of the Legislative Coordinating
Commission. The population counts must be the block population counts provided to the
state under Public Law 94-171 after each decennial census, subject to correction of any
errors acknowledged by the United States Census Bureau, and subject to any other
adjustments and exclusions required by law. Both the commission and the GIS Office must
make this data available to the public on their websites.
new text end

new text begin (b) A redistricting plan must not be considered for adoption until the plan's block
equivalency file has been submitted to the GIS Office in a form prescribed by the GIS
Office. The block equivalency file must show the district to which each census block has
been assigned.
new text end

new text begin Subd. 8. new text end

new text begin Technical review and corrections. new text end

new text begin (a) Prior to final adoption of a redistricting
plan, the commission must engage in a technical review of the plan. A technical review
includes ensuring that the plan encompasses all the territory of this state, and that no territory
is omitted or duplicated. At a meeting where a redistricting plan is proposed for final
adoption, the commission may amend the plan for the purpose of making technical corrections
as necessary to meet the following principles:
new text end

new text begin (1) if a territory in this state is not named in the redistricting plan but lies within the
boundaries of a district, it is a part of the district within which it lies;
new text end

new text begin (2) if a territory in this state is not named in the redistricting plan but lies between the
boundaries of two or more districts, it is a part of the contiguous district having the smallest
population;
new text end

new text begin (3) if a territory in this state is assigned in the redistricting plan to two or more districts,
it is a part of the district having the smallest population;
new text end

new text begin (4) if a territory in this state is assigned to a district that consists of other territory
containing a majority of the population of the district but with which it is not contiguous,
the territory is a part of the contiguous district having the smallest population; and
new text end

new text begin (5) if the description of a district boundary line that divides a political subdivision is
ambiguous because a highway, street, railroad track, power transmission line, river, creek,
or other physical feature or census block boundary that forms part of the district boundary
is omitted or is not properly named or has been changed, or because a compass direction
for the boundary line is wrong, the commission may add or correct the name or compass
direction and resolve the ambiguity in favor of creating districts of contiguous territory of
substantially equal population that do not divide political subdivisions more than is necessary
to meet constitutional requirements.
new text end

new text begin (b) In addition to meeting the principles described in paragraph (a), at a meeting where
a redistricting plan is proposed for final adoption, the commission may adopt amendments
to the plan for the purpose of incorporating any technical corrections that may be
recommended by the secretary of state.
new text end

new text begin (c) If a technical error in a redistricting plan is discovered after the commission has
dissolved, the chief administrative law judge, after notifying the secretary of state, the
Legislative Coordinating Commission, and the chief justice of the supreme court, may order
a correction consistent with the principles listed in this subdivision. The chief administrative
law judge must provide a copy of each correction order to each affected county auditor and
municipal clerk.
new text end

new text begin Subd. 9. new text end

new text begin Duty of secretary of state. new text end

new text begin The secretary of state shall provide copies of the
relevant portions of a filed redistricting plan to each county auditor, who shall provide a
copy of the relevant portions of the plan to each municipal clerk within the county. The
secretary of state, with the cooperation of the commissioner of administration, shall make
copies of the plan file, maps, and tables available to the public for the cost of publication.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2030, and applies to the 2030
redistricting cycle and thereafter, if the constitutional amendments in article 1 are adopted.
new text end

Sec. 5.

Minnesota Statutes 2022, section 10A.01, subdivision 35, is amended to read:


Subd. 35.

Public official.

"Public official" means any:

(1) member of the legislature;

(2) individual employed by the legislature as secretary of the senate, legislative auditor,
director of the Legislative Budget Office, chief clerk of the house of representatives, revisor
of statutes, or researcher, legislative analyst, fiscal analyst, or attorney in the Office of
Senate Counsel, Research and Fiscal Analysis, House Research, or the House Fiscal Analysis
Department;

(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;

(4) solicitor general or deputy, assistant, or special assistant attorney general;

(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;

(6) member, chief administrative officer, or deputy chief administrative officer of a state
board or commission that has either the power to adopt, amend, or repeal rules under chapter
14, or the power to adjudicate contested cases or appeals under chapter 14;

(7) individual employed in the executive branch who is authorized to adopt, amend, or
repeal rules under chapter 14 or adjudicate contested cases under chapter 14;

(8) executive director of the State Board of Investment;

(9) deputy of any official listed in clauses (7) and (8);

(10) judge of the Workers' Compensation Court of Appeals;

(11) administrative law judge or compensation judge in the State Office of Administrative
Hearings or unemployment law judge in the Department of Employment and Economic
Development;

(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;

(13) member or chief administrator of a metropolitan agency;

(14) director of the Division of Alcohol and Gambling Enforcement in the Department
of Public Safety;

(15) member or executive director of the Higher Education Facilities Authority;

(16) member of the board of directors or president of Enterprise Minnesota, Inc.;

(17) member of the board of directors or executive director of the Minnesota State High
School League;

(18) member of the Minnesota Ballpark Authority established in section 473.755;

(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;

(20) manager of a watershed district, or member of a watershed management organization
as defined under section 103B.205, subdivision 13;

(21) supervisor of a soil and water conservation district;

(22) director of Explore Minnesota Tourism;

(23) citizen member of the Lessard-Sams Outdoor Heritage Council established in section
97A.056;

(24) citizen member of the Clean Water Council established in section 114D.30;

(25) member or chief executive of the Minnesota Sports Facilities Authority established
in section 473J.07;

(26) district court judge, appeals court judge, or supreme court justice;

(27) county commissioner;

(28) member of the Greater Minnesota Regional Parks and Trails Commission;

(29) member of the Destination Medical Center Corporation established in section
469.41; deleted text begin or
deleted text end

(30) chancellor or member of the Board of Trustees of the Minnesota State Colleges
and Universitiesnew text begin ; or
new text end

new text begin (31) member of the Redistricting Commission Applicant Screening Panel, or member
of the Independent Redistricting Commission
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2030, and applies to the 2030
redistricting cycle and thereafter, if the constitutional amendments in article 1 are adopted.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 2.91, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2030, and applies to the 2030
redistricting cycle and thereafter, if the constitutional amendments in article 1 are adopted.
new text end

ARTICLE 3

CITIZENS ADVISORY REDISTRICTING COMMISSION.

Section 1.

new text begin [2A.30] REDISTRICTING; DEFINITIONS; ADJUSTMENT OF DATES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section and section 2A.31, the
definitions have the meanings given.
new text end

new text begin (b) "Applicant pools" means the lists of applicants described in section 2A.31, subdivision
2, paragraph (e).
new text end

new text begin (c) "Executive director" means the executive director of the Legislative Coordinating
Commission.
new text end

new text begin (d) "GIS office" means the Geographic Information Services Office of the Legislative
Coordinating Commission.
new text end

new text begin (e) "Largest political party in the state" means the political party whose candidate received
the greatest number of votes for legislative seats in the state in the most recent general
election.
new text end

new text begin (f) "Legislative Coordinating Commission" is the entity established in section 3.303.
new text end

new text begin (g) "Second largest political party in the state" means the political party whose candidate
received the second greatest number of votes for legislative seats in the state in the most
recent general election.
new text end

new text begin Subd. 2. new text end

new text begin Adjustment of dates. new text end

new text begin If any date prescribed in this chapter falls on a Saturday,
Sunday, or legal holiday, then the date is extended to the next day that is not a Saturday,
Sunday, or legal holiday.
new text end

Sec. 2.

new text begin [2A.31] REDISTRICTING COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin In each year ending in zero, a Citizens Advisory
Redistricting Commission is created to draw the boundaries of legislative and congressional
districts in accordance with the principles established in section 2A.32. The redistricting
commission consists of 15 members of the public.
new text end

new text begin Subd. 2. new text end

new text begin Appointment. new text end

new text begin (a) The application and appointment process for members of
the Citizens Advisory Redistricting Commission shall be the process described in section
15.0597, except as otherwise provided by this section.
new text end

new text begin (b) By January 1 of each year ending in zero, the secretary of state shall open a widely
publicized process and circulate applications in a manner that encourages wide public
participation of eligible residents from different regions of the state to apply for membership
on the commission. Applications are public data under chapter 13 and shall be made available
on the secretary of state's website or a comparable means of communicating with the public.
Applications must be received by March 1 of the year ending in zero.
new text end

new text begin (c) The secretary of state shall design and provide an application form that must clearly
state the legal obligations and expectations of potential appointees. Information required of
applicants must include but is not limited to:
new text end

new text begin (1) a statement from applicants affirming they meet the requirements of subdivision 3;
new text end

new text begin (2) an oath affirming the applicant submits the application declaring the truthfulness of
its contents under penalty of perjury;
new text end

new text begin (3) the applicant's demographic information, including but not limited to gender, race,
ethnicity, and year of birth;
new text end

new text begin (4) the applicant's professional background;
new text end

new text begin (5) the applicant's past experience working with others to build consensus;
new text end

new text begin (6) the applicant's level of understanding about Minnesota communities, neighborhoods,
geographic regions, or demographics across the state;
new text end

new text begin (7) a description of the applicant's past political activity;
new text end

new text begin (8) a list of all political and civic organizations to which the applicant has belonged
within the five years prior to the application;
new text end

new text begin (9) a statement indicating with which political party the applicant identifies or that the
applicant identifies with no party. For purposes of this clause, identifying with a political
party means that the applicant is in general agreement with the principles of the party; and
new text end

new text begin (10) any other information required to determine eligibility to serve on the commission.
new text end

new text begin (d) The secretary of state must review applications as they are received to ensure that
each application is complete and each applicant has signed the oath attesting to the
truthfulness of the information contained in the application. No later than March 15 of the
year ending in zero, the secretary of state must forward the completed application of each
eligible person to the executive director. The secretary of state must not forward any
application that is incomplete or any application by a person who has not signed off on the
oath attesting to the accuracy of the information contained in the application. If the secretary
of state does not forward an application, the secretary of state must notify the applicant that
the applicant's application was not forwarded and the reason why.
new text end

new text begin (e) The Legislative Coordinating Commission executive director shall remove from the
applicant pool individuals who do not qualify including:
new text end

new text begin (1) a person who has not resided in Minnesota for at least one year prior to their
application submission or is not eligible to vote;
new text end

new text begin (2) a current member of the legislature or Congress;
new text end

new text begin (3) a person under contract with, or who serves as a consultant or staff to, or who has
or has had an immediate family relationship with the governor, a member of the legislature,
or a member of Congress during the ten years immediately preceding the date of application;
new text end

new text begin (4) a person who serves or has served during the ten years immediately preceding the
date of application as a public official, as defined in section 10A.01, subdivision 35, clauses
(1) to (5), (12), (13), (16), (26), and (27); and
new text end

new text begin (5) a person, or member of the person's immediate family, who is or during the ten years
immediately preceding the date of application has:
new text end

new text begin (i) been appointed to, elected to, or a candidate for state office;
new text end

new text begin (ii) served as an officer, employee, contractor, or paid consultant of a political party or
of the campaign committee of a candidate for elective federal or state office;
new text end

new text begin (iii) served as an elected or appointed member of a political party state committee, as
defined by section 10A.01, subdivision 36, or a delegate to a national convention of a
political party;
new text end

new text begin (iv) registered as a lobbyist, registrant, or client with the federal government under the
Lobbying Disclosure Act of 1995 as amended or as a state lobbyist or principal with the
Campaign Finance and Public Disclosure Board under chapter 10A;
new text end

new text begin (v) served as paid congressional or legislative staff; or
new text end

new text begin (vi) been found by the Campaign Finance and Public Disclosure Board to have violated
section 10A.27.
new text end

new text begin For the purposes of this subdivision, a member of a person's immediate family means a
sibling, spouse, or parent, including half, step, and in-law relationships. While serving on
the commission, commissioners must not campaign for elective office or actively participate
in or contribute to a political campaign nor run for federal, state, or local political office for
a period of up to ten years after the commission expires.
new text end

new text begin (f) By February 15 in the year ending in zero the executive director of the Legislative
Coordinating Commission shall appoint a redistricting advisory group consisting of, at a
minimum, the executive directors of the Minnesota Latino Affairs Council, Council for
Minnesotans of African Heritage, Minnesota Indian Affairs Council, the Council on Asian
Pacific Minnesotans, the Council on LGBTQIA2S+ Minnesotans, the Minnesota Youth
Council, the Minnesota Council on Disabilities, and the Minnesota Commission of Deaf,
DeafBlind and Hard of Hearing.
new text end

new text begin (g) The Redistricting Advisory Group shall serve as advisors to the executive director
and must work within the process described in paragraph (i), and subdivision 5, paragraph
(a), clause (8), to ensure diversity of applicants throughout the process.
new text end

new text begin (h) Members of the Redistricting Advisory Group must participate in a nonpartisan
manner and serve without predisposition or bias on issues related to the state's representation
for redistricting boundaries. The Redistricting Advisory Group must work with the executive
director as outlined to foster diversity of applicant pools throughout the process and in their
role as experts on matters pertaining to their respective communities. It is not intended that
formulas or specific ratios be applied for this purpose.
new text end

new text begin (i) By April 1 of the year ending in zero, the executive director, in consultation with the
Redistricting Advisory Group shall jointly screen and sort the applicants into three applicant
pools: one pool for applicants identifying with the largest political party in this state; one
pool for applicants identifying with the second largest political party in the state; and one
pool for applicants identifying with no political party or a political party that is not the
largest or second largest political party in the state. The executive director must review the
applicants in each applicant pool and narrow each pool down to 40 applicants based on a
review of each applicant's relevant analytical skills, the ability to be impartial, and the ability
to promote consensus on the commission and appreciation for Minnesota's diverse
demographics, communities, and geography as documented in the application. To the extent
practicable, the executive director must ensure that each applicant pool reflects the gender,
socioeconomic, age, racial, language, ethnic, and geographic diversity of the state. Each
congressional district must be represented by at least two applicants in each applicant pool.
new text end

new text begin (j) If there is an insufficient number of available applicants to select a 40-applicant pool,
then the pool consists of only those applicants who did meet the requirements.
new text end

new text begin (k) By April 1 in each year ending in zero, the executive director must provide each
applicant pool list to the majority leaders and minority leaders of the house of representatives
and the senate. By April 15 of each year ending in zero, the majority leaders and minority
leaders of the house of representatives and the senate must each select five applicants from
their party's list and forward the names of the applicants to the Legislative Coordinating
Commission's executive director. The executive director must make the list and applications
available to all legislative leaders. In selecting applicants, the executive director or a leader
must not select more than one applicant from any congressional district.
new text end

new text begin (l) By April 29 of each year ending in zero, 12 names must be stricken from the list as
follows:
new text end

new text begin (1) the senate majority leader must strike three applicants from the applicants selected
by the senate minority leader;
new text end

new text begin (2) the senate minority leader must strike three applicants from the applicants selected
by the senate majority leader;
new text end

new text begin (3) the house majority leader must strike three applicants from the applicants selected
by the house minority leader; and
new text end

new text begin (4) the house minority leader must strike three applicants from the applicants selected
by the house majority leader.
new text end

new text begin (m) The legislative leaders must forward the eight remaining names consisting of four
applicants identifying with the largest political party in the state and four applicants
identifying with the second largest political party in the state to the executive director. These
eight individuals shall serve on the Citizens Advisory Redistricting Commission.
new text end

new text begin (n) By April 29 of each year ending in zero, the executive director must, by lottery,
select four applicants from the pool of 40 applicants who do not identify with a party or
identify with a party other than the first or second largest political party described in
paragraph (e). Together with the eight individuals selected by the legislative leaders, these
twelve individuals shall serve on the Citizens Advisory Redistricting Commission.
new text end

new text begin (o) No later than May 15 in each year ending in the number zero, the twelve advisory
commissioners shall convene and assess the commission's demographic diversity within
the twelve members and must review and select six more applicants from the remaining
applicants from the pool of 40 applicants originally selected by legislative leadership and
appoint six applicants to the commission as follows: two from the remaining pool of
applicants identifying with the largest political party in Minnesota, two from the remaining
pool of applicants identifying with the second largest political party in Minnesota, and two
from the remaining pool of applicants identifying with no political party or with a political
party that is not the largest or second largest political party in Minnesota. The six individuals
must be approved by at least two-thirds affirmative votes which must include at least two
votes of commissioners registered from each of the two largest parties and two votes from
commissioners who are not affiliated with either of the two largest political parties in
Minnesota. These six new appointees shall be chosen to ensure the Citizens Advisory
Redistricting Commission reflects this state's diversity, including but not limited to racial,
ethnic, geographic, and gender diversity. However, it is not intended that formulas or specific
ratios be applied for this purpose.
new text end

new text begin (p) The executive director of the Legislative Coordinating Commission shall report the
15 names selected to the secretary of state. These 15 individuals shall serve as members of
the Citizens Advisory Redistricting Commission and shall not include more than two
commissioners from any one congressional district.
new text end

new text begin (q) The secretary of state's actions under this subdivision are not subject to chapter 14.
new text end

new text begin (r) Before serving on the Citizens Advisory Redistricting Commission, every person
shall take and subscribe an oath to faithfully perform the duties of that office. The oath must
be filed with the secretary of state.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility of public members. new text end

new text begin (a) A person is eligible to serve if the person
has been a resident of Minnesota for at least a year at the time of the submission of the
application and is not an elected official.
new text end

new text begin (b) The following persons are not eligible to serve as a commissioner:
new text end

new text begin (1) a person who is not eligible to vote in the state of Minnesota;
new text end

new text begin (2) a current member of the legislature or Congress;
new text end

new text begin (3) a person under contract with, who serves as a consultant or staff to, or who has or
has had an immediate family relationship with the governor, a member of the legislature,
or a member of Congress during the ten years immediately preceding the date of application;
new text end

new text begin (4) a person who serves or has served during the ten years immediately preceding the
date of application as a public official, as defined in section 10A.01, subdivision 35, clauses
(1) to (5), (12), (13), (16), (26), and (27); and
new text end

new text begin (5) a person, or member of the person's immediate family, who is or during the ten years
immediately preceding the date of application has:
new text end

new text begin (i) been appointed to, elected to, or a candidate for federal or state office;
new text end

new text begin (ii) served as an officer, employee, contractor, or paid consultant of a political party or
of the campaign committee of a candidate for elective federal or state office;
new text end

new text begin (iii) served as an elected or appointed member of a political party state committee, as
defined by section 10A.01, subdivision 36, or a delegate to a national convention of a
political party;
new text end

new text begin (iv) registered as a lobbyist, registrant, or client with the federal government under the
Lobbying Disclosure Act of 1995 as amended or as a state lobbyist or principal with the
Campaign Finance and Public Disclosure Board under chapter 10A;
new text end

new text begin (v) served as paid congressional or legislative staff; or
new text end

new text begin (vi) been found by the Campaign Finance and Public Disclosure Board to have violated
section 10A.27.
new text end

new text begin (c) While serving on the Citizens Advisory Redistricting Commission, commissioners
must not campaign for elective office or actively participate in or contribute to a political
campaign nor run for state or local political office for a period of up to ten years after the
Citizens Advisory Redistricting Commission expires.
new text end

new text begin (d) For the purposes of this subdivision, a member of a person's immediate family means
a sibling, spouse, or parent, including half, step, and in-law relationships.
new text end

new text begin Subd. 4. new text end

new text begin Removal; filling vacancies. new text end

new text begin (a) Each commissioner shall serve for the entire
term of the commission unless the commissioner is removed or otherwise vacates the office.
new text end

new text begin (b) A commissioner's position on the Citizens Advisory Redistricting Commission is
deemed vacant if the commissioner, having been appointed as a registered elector who is
not affiliated with a political party, affiliates with a political party before the Minnesota
Legislature has approved a plan pursuant to subdivision 25. A commissioner's position on
the Citizens Advisory Redistricting Commission is also deemed vacant if the commissioner,
having been affiliated with one of the state's two largest political parties at the time of
appointment, affiliates with a different political party or becomes unaffiliated with any
political party before the Minnesota Legislature has approved a plan pursuant to subdivision
25.
new text end

new text begin (c) The removal of an officer from an officer position requires a two-thirds affirmative
vote with at least one commissioner identifying with the largest political party in the state,
one commissioner identifying with the second largest political party in the state, and one
commissioner identifying with no political party or with a political party that is not the
largest or second largest in the state.
new text end

new text begin (d) If the basis for the commissioner's removal is the commissioner's refusal to vote as
part of a collective effort to disrupt the process or vote of the commission, that member or
members may be removed after a finding by the chair as described in this section and a
two-thirds vote of those commissioners present.
new text end

new text begin (e) Removal of a member takes place immediately after a finding by the chair and must
be by a two-thirds vote of all members of the advisory commission, including at least one
member identifying with the largest political party in the state, one member identifying with
the second largest political party in the state, and one member identifying with no political
party or with a political party that is not the largest or second largest in the state.
new text end

new text begin (f) After notice and a hearing, the advisory commission may also remove a commissioner
for malfeasance or nonfeasance during the term of service in the performance of the duties
of the advisory commission, or for missing three consecutive meetings. After the second
consecutive missed meeting and before the next meeting, the chair or a designee must notify
the commissioner in writing that the member may be removed for missing the next meeting.
The definitions in section 211C.01 apply to this subdivision.
new text end

new text begin (g) The chair must submit a written notice to the Legislative Coordinating Commission
executive director stating the grounds that another member's office should be declared vacant
under this subdivision. This written notice shall: (1) be dated and signed; and (2) provide
a detailed factual basis in support of the allegations causing the removal of another member.
The factual basis shall include the specific facts and factual foundation on which the removal
is based. Supporting documentation, if any, shall be included.
new text end

new text begin (h) Any vacancy on the advisory commission, including one that occurs due to death,
mental incapacity, resignation, criminal conviction of a serious crime, removal, failure to
meet the qualifications of appointment, refusal or inability to accept an appointment, or
having been found to have participated in a communication prohibited by subdivision 20
or 21 or conduct prohibited by subdivision 22, or otherwise, must be filled as soon as
possible, but no later than seven days after the vacancy occurred, by the executive director
from the designated pool of eligible applicants for that commissioner's position and in the
same manner as the originally chosen commissioner, except that no commissioner chosen
to fill a vacancy would be bypassed for appointment if all congressional districts are
represented by at least one commissioner. If no remaining finalists described in the same
pool under subdivision 2, paragraph (i), are available for service, the secretary of state shall
open the application process again and the executive director shall establish a new list of
applicants, as provided in subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin Each commissioner shall perform their duties in a manner that is
impartial and reinforces public confidence in the integrity of the redistricting process.
Commissioners must disclose the presence of a conflict of interest, or raise a potential
conflict of interest when the agenda item is called, prior to the start of discussion or
deliberation. In addition to other duties prescribed by law, the advisory commission shall:
new text end

new text begin (1) attend nonpartisan redistricting training held by a nationally recognized nonpartisan
organization or the Legislative Coordinating Commission;
new text end

new text begin (2) attend training on the Minnesota Data Practices Act and Open Meetings Act;
new text end

new text begin (3) determine its own rules and order. Within ten weeks of being established, the Citizens
Advisory Redistricting Commission must adopt administrative rules to govern the
commission's process. The rules must be adopted at an open meeting, with advance notice
of the meeting, and members of the public must be provided with an opportunity to provide
comment on the rules. The procedures and rules referenced in this subdivision are not subject
to chapter 14 or section 14.386.
new text end

new text begin A member who has a conflict between a personal interest and the public interest in the
procurement process of securing staff, consultants, general counsel or any other professional
services, shall fully disclose to the commission in writing as soon as they learn of the
potential conflict of interest the nature of the conflict. A member shall not participate in the
discussion or deliberation or vote upon any matter if a conflict exists;
new text end

new text begin (4) adopt procedures and rules to carry out the provisions of this section and any laws
enacted by the legislature, including the procurement of professional services such as GIS,
general counsel, and other subject matter expert staff. These procedures and rules are not
subject to chapter 14 or section 14.386;
new text end

new text begin (5) act as the legislature's recipient of the final redistricting data and other files relevant
to redistricting from the United States Census Bureau;
new text end

new text begin (6) comply with requirements to disclose and preserve public records, as specified in
the Data Practices Act, chapter 13, and section 138.17;
new text end

new text begin (7) hold open meetings and public hearings throughout the state pursuant to the Open
Meetings Law, chapter 13D;
new text end

new text begin (8) work with the Redistricting Advisory Group to host a minimum of eight statewide
informational town halls at community locations most likely to be known by individuals
living in the community and at a time most likely to reasonably yield the highest attendance,
allowing for basic information regarding the role of the advisory commission, how
commission members were selected, and why community member participation matters in
the redistricting process;
new text end

new text begin (9) provide public notice at least seven days in advance of any public meeting or public
hearing. The notice and agenda must be posted on the commission's website and published
in local news sources. The public notice shall also be disseminated leveraging social media,
media frequently used by disenfranchised Minnesotans, or other community-based
communication channels. The advisory commission may also partner with community-based
nonpartisan organizations in an effort to more widely disseminate the notice to directly
impacted communities. The notice and agenda must be provided in all languages required
for voting materials under the federal Voting Rights Act of 1965, United States Code, title
52, section 10503, in the congressional district in which the public meeting is scheduled;
new text end

new text begin (10) publish a draft agenda at least 72 hours before each public meeting or hearing;
new text end

new text begin (11) prepare and publish a report before any public meeting or hearing and no later than
ten weeks after all members of the advisory commission are appointed that describes the
commission's general priorities and intentions for utilizing redistricting criteria in its
decision-making process, including a discussion on how the commission will balance
competing requirements;
new text end

new text begin (12) adopt a schedule for interested persons to submit proposed plans and to respond to
plans proposed by others. The redistricting commission shall also adopt standards to govern
the format of plans submitted. Adoption of the schedule and standards under this subdivision
is not subject to chapter 14 or section 14.386. The advisory commission must post submitted
plans to its website as soon as practicable;
new text end

new text begin (13) subject to subdivisions 20 and 21, provide direction to commission staff on drawing
maps;
new text end

new text begin (14) subject to subdivisions 20 and 21, review and direct modifications of maps to
commission staff;
new text end

new text begin (15) prepare and publish reports on the following:
new text end

new text begin (i) all plans discussed by the full advisory commission, including all publicly submitted
plans and draft plans;
new text end

new text begin (ii) a summary of all public input received in each comment period;
new text end

new text begin (iii) a summary of the data the advisory commission used to create those plans;
new text end

new text begin (iv) analysis of the maps using redistricting metrics; and
new text end

new text begin (v) any other information that provides the basis on which the advisory commission
made decisions to achieve compliance with constitutional and statutory requirements;
new text end

new text begin (16) make reasonable efforts to schedule hearings in the evenings, on weekends, and at
other times that most residents in that region are able to attend;
new text end

new text begin (17) whenever possible, use technology that allows for real-time virtual participation
and feedback for all hearings. All audiovisual recordings of the advisory commission public
meetings and public hearings must be maintained on the commission's website indefinitely;
new text end

new text begin (18) make reasonable efforts to make available translation and interpreter services for
limited English-speaking individuals and those needing accommodations in compliance
with the Americans with Disabilities Act. The redistricting commission may contract with
an entity that provides interpreter services through telephonic and video remote technologies;
and
new text end

new text begin (19) provide notices of the availability of both plans and reports in all languages required
for voting materials under the federal Voting Rights Act of 1964, United States Code, title
52, section 10503, and as required for compliance with the Americans with Disabilities Act
for each congressional district.
new text end

new text begin Subd. 6. new text end

new text begin Rules of order. new text end

new text begin Advisory commission meetings shall be conducted according
to the current edition of Robert's Rules of Order, subject to any procedures to the contrary
set forth in these rules, applicable law, or such other rules adopted by the commission.
new text end

new text begin Subd. 7. new text end

new text begin Quorum. new text end

new text begin (a) A quorum must be present to conduct the business of the advisory
commission meetings and hold public hearings. The quorum shall consist of twelve members,
including at least one member affiliated with each of the major parties and one nonaffiliated
member.
new text end

new text begin (b) If there is not a quorum due to a collective effort by one or more commissioners to
disrupt the work, process, or vote of the commission, a quorum consists of the majority of
commissioners. The requirement for at least one member from each majority party and one
nonaffiliated member is not applicable under this circumstance.
new text end

new text begin Subd. 8. new text end

new text begin Minutes. new text end

new text begin Minutes of all meetings, including votes on all official actions taken
at those meetings, shall be kept by the Legislative Coordinating Commission. All decisions
of the advisory commission shall be recorded, and the record of its decisions shall be readily
available to any member of the public as required by law and shall be provided without
charge.
new text end

new text begin Subd. 9. new text end

new text begin Journal of proceedings. new text end

new text begin An account of all proceedings and the public record
of the advisory commission shall be kept by the Legislative Coordinating Commission and
shall constitute the official record of the advisory commission and be posted to the
commission's website.
new text end

new text begin Subd. 10. new text end

new text begin Right of floor. new text end

new text begin Any member desiring to speak shall be recognized by the
chair, or vice-chair when the chair is not present, and shall confine their remarks to one
subject under consideration or to be considered.
new text end

new text begin Subd. 11. new text end

new text begin Right to general counsel. new text end

new text begin The Citizens Advisory Redistricting Commission
has a right to retain general counsel. The general counsel of the advisory commission shall
be experienced and knowledgeable in the area of election law and voting rights and attend
all meetings of the commission unless excused. The general counsel shall, upon request,
give an opinion, either written or oral, on questions of law. The general counsel may make
recommendations to the commission and shall have the right to take part in all public
discussions of the commission, but shall have no vote. General counsel shall act as
parliamentarian of the commission and serve as its designated data practices act responsible
authority in lieu of the executive director.
new text end

new text begin Subd. 12. new text end

new text begin Voting. new text end

new text begin (a) Except as otherwise provided in these rules or by law,
administrative actions including calling to order, adjourning, scheduling hearings, and other
such actions shall require the approval of a majority of commissioners entitled to vote. The
vote is required for the following actions.
new text end

new text begin (b) A majority of the appointed commissioners must approve rules and procedural
decisions.
new text end

new text begin (c) Election of the chair and vice-chair requires a two-thirds affirmative vote with at
least one commissioner identifying with the largest political party in the state, one
commissioner identifying with the second largest political party in the state, and one
commissioner identifying with no political party or with a political party that is not the
largest or second largest in the state.
new text end

new text begin (d) Adoption of the final plan for submission to the Minnesota Legislature and the
adoption of a revised plan after a plan is returned to the advisory commission from the
Minnesota Legislature require the affirmative vote of two-thirds of commissioners with at
least one commissioner identifying with the largest political party in the state, one
commissioner identifying with the second largest political party in the state, and one
commissioner identifying with no political party or with a political party that is not the
largest or second largest in the state.
new text end

new text begin Subd. 13. new text end

new text begin Duty to vote; abstaining. new text end

new text begin (a) Commissioners present at a meeting shall vote
on every matter before the commission, unless otherwise excused or prohibited from voting
as follows:
new text end

new text begin (1) a commissioner may abstain from voting if the commissioner:
new text end

new text begin (i) has a conflict of interest, as set forth in subdivision 5, paragraph (a), or as defined by
law. An individual commissioner shall disclose the presence of a conflict of interest or raise
a potential conflict of interest when the agenda item is called, prior to the start of discussion
or deliberation. Should a conflict of interest become clear during the discussion, the
commissioner shall raise the existence of an actual or potential conflict at that time. An
individual commissioner may seek the opinion of the general counsel with experience and
expertise in the area of election law and voting rights on whether a conflict exists. This
opinion shall not be binding on the commission. The Citizens Advisory Redistricting
Commission shall decide, by majority vote of commissioners present, whether a conflict of
interest exists. A vote may be tabled, if necessary, to obtain the opinion of the general
counsel. A commissioner with a conflict of interest is prohibited from participating in any
discussion, debate, or decision on that issue; or
new text end

new text begin (ii) lacks sufficient information about the issue to be decided. If a commissioner abstains
for this reason, they shall state for the record their intention to abstain and the reasons for
doing so prior to the vote. The abstaining commissioner shall not be restricted or prohibited
from participating in any discussion or debate on the issue; and
new text end

new text begin (2) if any commissioner abstains from voting, a roll call vote shall be required on that
issue. The reasons for the abstention shall be entered into the minutes of the meeting at
which the vote is taken and be part of the official record.
new text end

new text begin (b) The right to vote is limited to the commissioners present at the time the vote is taken.
Voting by proxy is prohibited.
new text end

new text begin (c) All votes must be held and determined in public. Secret ballots are prohibited.
new text end

new text begin (d) Prior to calling for a vote, the chair shall state the question being voted upon.
new text end

new text begin Subd. 14. new text end

new text begin Manner of voting. new text end

new text begin Except as otherwise provided in these rules or by law,
voting shall be by a two-thirds affirmative vote using voice vote, roll call, or show of hands.
Roll call votes shall be taken when required in this section or by law, at the request of any
commissioner, or when the chair cannot determine the results of a voice vote.
new text end

new text begin Subd. 15. new text end

new text begin Chair and vice-chair. new text end

new text begin (a) The Citizens Advisory Redistricting Commission
must elect a chair and vice-chair from among its members by a vote under subdivision 12,
paragraph (c). The chair and vice-chair shall not self-identify as belonging to the same
political party.
new text end

new text begin (b) The nomination and election of the chair occurs first and the vice-chair occurs second.
new text end

new text begin (c) All candidates must be given an equal amount of time to speak in support of their
candidacy, to be followed by a period of questions and answers.
new text end

new text begin (d) The chair shall:
new text end

new text begin (1) call to order and preside at all meetings;
new text end

new text begin (2) preserve order and decorum and may speak to points of order in preference to other
commissioners;
new text end

new text begin (3) decide all questions arising under this parliamentary authority in consultation with
the general counsel, subject to appeal and reversal by a majority of the commissioners
present;
new text end

new text begin (4) enforce rules of procedure;
new text end

new text begin (5) perform any other administrative or agenda duties as directed by the advisory
commission;
new text end

new text begin (6) have all the same rights as other commissioners with respect to procedural matters,
debate, and voting except that the chair shall not vote on the appeal of a parliamentary ruling
by the chair;
new text end

new text begin (7) approve expenditures associated with the commission for any individual expenditure
in excess of $5,000;
new text end

new text begin (8) when both the chair and vice-chair are absent, the chair may designate another of its
commissioners to serve as acting chair during such absence or disability; and
new text end

new text begin (9) establish committees and subcommittees by a majority vote of the commission with
the support of at least one vote from a member identifying with the largest political party
in the state, one vote from a member identifying with the second largest political party in
the state, and one vote from a member identifying with no political party or with a political
party that is not the largest or second largest in the state.
new text end

new text begin (e) The vice-chair shall perform the duties of the chair when the chair is unavailable,
except as otherwise provided by law. The vice-chair shall act in the capacity of the chair in
the chair's absence. The vice-chair shall help facilitate group discussion on items before the
advisory commission. The vice-chair is also responsible for other duties as designated by
the chair.
new text end

new text begin Subd. 16. new text end

new text begin Secretary. new text end

new text begin The executive director, or their designee, is secretary to the advisory
commission without vote, and in that capacity shall keep the official record of all proceedings
of the commission and furnish, under the direction of the commission, all technical services
that the commission deems necessary. The duties of the secretary shall also include:
new text end

new text begin (1) facilitating the process for the selection of commissioners pursuant to subdivision
2, paragraphs (e) to (p), and replacement of commissioners pursuant to subdivision 4,
paragraph (h);
new text end

new text begin (2) issuing a call convening the advisory commission by January 1st in the year of the
federal decennial census;
new text end

new text begin (3) publishing the redistricting plan for each type of district adopted under subdivision
25 within 30 days of the adoption of the plan. This publication shall include the plan and
the material reports, reference materials, and data used in drawing it, including any
programming information used to produce and test the plan. The published materials shall
be such that an independent person is able to replicate the conclusion without any
modification of any of the published materials;
new text end

new text begin (4) maintaining a public record of all proceedings of the advisory commission and
publishing and distributing each plan and required documentation. An adopted redistricting
plan shall become law upon submission to the secretary of state absent any legal action
resulting in a court finding constitutional violations and ordering new maps be drawn; and
new text end

new text begin (5) taking and maintaining minutes of all advisory commission meetings including votes
on all official actions taken at those meetings. All decisions of the commission shall be
recorded, and the record of its decisions shall be readily available to any member of the
public as required by law and shall be provided without charge.
new text end

new text begin Subd. 17. new text end

new text begin Orientation and training. new text end

new text begin (a) Orientation for members of the advisory
commission shall be coordinated by the Legislative Coordinating Commission.
new text end

new text begin (b) Commissioners shall receive nonpartisan orientation, ongoing education, and training
on the purposes and activities of the advisory commission. Information may be presented
in a manner most convenient or useful to the commission including the use of interactive
or subject-matter expert presentations. Training should include insights from other states
operating under advisory citizens commissions.
new text end

new text begin (c) Orientation shall be coordinated by nonpartisan Legislative Coordinating Commission
staff and must be completed within four weeks of the commission being formed.
new text end

new text begin Subd. 18. new text end

new text begin Employment of personnel. new text end

new text begin The advisory commission shall be compensated
as prescribed in law. The Legislative Coordination Commission must provide the commission
with the services of nonpartisan experts, consultants, and support staff, as necessary to carry
out its duties pursuant to this section.
new text end

new text begin Subd. 19. new text end

new text begin Public hearings in diverse state regions. new text end

new text begin (a) Prior to adopting a legislative
or congressional districting plan, the advisory commission must hold a minimum of 16
public hearings throughout the state, with at least eight hearings held before adopting
preliminary drafts of legislative or congressional district plans. The primary purpose of the
first eight public hearings is to request public input on how to define communities of interest
and to provide an opportunity for public comment from residents of that part of the state.
The commission must make reasonable efforts to schedule hearings in the evenings, on
weekends, and at other times that most residents of that region are able to attend.
new text end

new text begin (b) By February 15 of each year ending in one, the advisory commission must hold at
least eight public hearings in diverse regions of the state, including southern Minnesota,
central Minnesota, Northern Minnesota, and the Twin Cities Metro Area, before adopting
preliminary drafts of legislative or congressional district plans. The primary purpose of
these first public hearings in each location is to request advice on how to define communities
of interest and to provide an opportunity for public testimony from residents of that
community. The commission must make reasonable efforts to schedule hearings in the
evenings, on weekends, and at other times that most residents from that region are able to
attend.
new text end

new text begin (c) After completing the first round of public hearings to get public input on communities
of interest, the advisory commission must publish on its website preliminary drafts of the
legislative and congressional district plans. The commission also must publish the reports
for each preliminary draft prior to hearings discussing that draft. The advisory commission
must allow the public at least 14 days to submit comments to the commission after
publication. After those 14 days, the commission must then hold at least one additional
public hearing to allow for open public input and comment. Nonpartisan GIS experts,
consultants, and support staff shall be present to hear and consider public comment on the
proposed plans. The commission may require its general counsel to attend.
new text end

new text begin (d) The advisory commission must make reasonable efforts to allow the public to submit
written testimony prior to a hearing and make copies of that testimony available to all
commissioners and the public prior to and at the hearings.
new text end

new text begin Subd. 20. new text end

new text begin Internal communications. new text end

new text begin (a) The advisory commission may designate one
or more commission staff to communicate with commissioners regarding administrative
matters and may define the scope of the permitted communication. The designation must
be announced at the next public hearing following the designation.
new text end

new text begin (b) A commissioner must not direct, request, suggest, or recommend to staff an
interpretation of a districting principle or a change to a district boundary, except during an
open meeting of the commission. Communication between retained counsel and members
of the commission or the designated commission staff does not violate the provisions of
this section.
new text end

new text begin Subd. 21. new text end

new text begin External communications. new text end

new text begin (a) Except as provided in paragraph (b),
commissioners and staff must not communicate with anyone outside the commission
regarding the content of a plan, except at an open meeting of the commission or when
soliciting or receiving written communications regarding a plan that is the subject of a public
hearing.
new text end

new text begin (b) The following external communications are expressly permitted:
new text end

new text begin (1) a communication of general information about the commission, proceedings of the
commission, or redistricting, including questions or requests for information and responses
to or from commission staff;
new text end

new text begin (2) testimony or documents submitted by a person for use at a public hearing;
new text end

new text begin (3) a report submitted under subdivision 5, paragraph (a), clause (11); and
new text end

new text begin (4) a communication required by chapter 13 or 13D.
new text end

new text begin Subd. 22. new text end

new text begin Prohibitions on gifts and gratuities. new text end

new text begin The advisory commission, individual
commissioners, staff, attorneys, experts, and consultants may not directly or indirectly solicit
or accept any gift or loan of money, goods, services, or other thing of value greater than $5
for the benefit of any person or organization, which may influence the manner in which the
individual commissioner, staff, attorney, expert, or consultant performs their duties.
new text end

new text begin Subd. 23. new text end

new text begin Reports of improper activity. new text end

new text begin (a) Advisory commission staff shall report to
the commission any attempt to exert improper influence over the staff in drafting plans.
new text end

new text begin (b) A commissioner or commission staff shall report to the advisory commission chair
and vice-chair any prohibited communication. The report must include a copy of a written
communication or a written summary of an oral communication.
new text end

new text begin (c) A report under this subdivision must be made no later than three business days after
the attempt to exert improper influence or the prohibited communication, or before the next
meeting of the commission, whichever is earlier. If special circumstances make this
requirement impracticable, the report must be made at the following meeting of the
commission.
new text end

new text begin Subd. 24. new text end

new text begin Data used. new text end

new text begin (a) The advisory commission shall use census data representing
the entire population of this state to draw congressional and legislative districts. Except
when required by law or for the purposes of drawing districts in compliance with provisions
of state or federal law, citizen voting age or citizen population must not be used as the
method to calculate population equality. The commission may also consider demographic
trend data provided by the Minnesota state demographer and relevant election data.
new text end

new text begin (b) The advisory commission shall use population data that reflects incarcerated persons
at their last known residence before incarceration.
new text end

new text begin Subd. 25. new text end

new text begin Deadlines. new text end

new text begin (a) After completing the public hearings required by subdivision
19, but by May 1 of each year ending in one, the advisory commission shall submit plans
and its reports to the legislature for legislative and congressional districts. Each plan must
be accompanied by a report summarizing information and testimony received by the
redistricting commission in the course of the hearings and include any comments and
conclusions the advisory commission deems appropriate on the information and testimony
received at the hearings or otherwise presented. To submit a plan to the legislature, the
advisory commission must approve the plan by an affirmative vote of twelve members or
more, including at least one member identifying with the largest political party in the state,
one member identifying with the second largest political party in the state, and one member
identifying with no political party or with a political party that is not the largest or second
largest in the state. When the advisory commission approves a plan, the plan and its reports
must be published to the advisory commission's website.
new text end

new text begin (b) The legislature intends that a bill be introduced to enact each plan received from the
advisory commission and that the bill be brought to a vote within one week in either the
senate or the house of representatives under a procedure or rule permitting no amendment.
The legislature further intends that the bill be brought to a vote in the second house within
one week after final passage in the first house.
new text end

new text begin (c) If the secretary of the senate or chief clerk of the house of representatives notifies
the advisory commission that the first plan has failed, or the governor vetoes the first plan,
the commission shall submit a second plan within two weeks after it receives the notice. If
the legislature has adjourned the regular session in the year ending in one before the
commission submits a second plan, and no special session is called to consider the second
plan, then the commission must submit the second plan to the legislature at the opening of
its regular session in the year ending in two. The legislature intends that the second plan be
considered by the legislature under the same procedure provided for a first plan under
paragraph (b).
new text end

new text begin (d) If the secretary of the senate or the chief clerk of the house of representatives notifies
the advisory commission that a second plan has failed, or the governor vetoes a second plan,
the commission shall submit a third plan within two weeks after it receives the notice. If
the legislature has adjourned the regular session in the year ending in one, before the
commission submits a third plan, and there is no special session called to consider the third
plan, then the commission must submit the third plan to the legislature prior to the opening
of its regular session in the year ending in two. The legislature intends that the third plan
be considered by the legislature under the same procedure provided for the first and second
plans under paragraph (b) whether it is being considered during the regular or a special
session with the exception that amendments by the legislature may be proposed.
new text end

new text begin (e) If the advisory commission cannot reach an agreement on a plan for any reason, the
commission shall use the following procedure to adopt a plan for that type of district:
new text end

new text begin (1) each commissioner may submit one proposed plan for each type of district to the
full commission for consideration;
new text end

new text begin (2) each commissioner shall rank the plans submitted according to preference. Each plan
shall be assigned a point value inverse to its ranking among the number of choices, giving
the lowest ranked plan one point and the highest ranked plan a point value equal to the
number of plans submitted; and
new text end

new text begin (3) the advisory commission shall adopt the plan receiving the highest total points, that
is also ranked among the top half of plans by at least two commissioners not affiliated with
the party of the commissioner submitting the plan or, in the case of a plan submitted by
nonaffiliated commissioners, is ranked among the top half of plans by at least two
commissioners affiliated with a major party. If plans are tied for the highest point total, the
executive director shall by lottery select the final plan from those plans.
new text end

new text begin (f) If the legislature and governor have not approved a plan by October 1 of the year
ending in one, then the advisory commission must submit a map approved by the commission
to the Minnesota Supreme Court for review for adherence to state constitution and statutes.
new text end

new text begin (g) If the legislature and governor have neither rejected the commission plans three
times, nor approved the commission plans by the statutory required date for plan approval
as provided in section 204B.14, and the court has found the commission plan to meet all
legal requirements, then the court shall order implementation of the commission plan in the
absence of a legislative plan.
new text end

new text begin (h) Final approval of all plans, whether enacted by the legislature or as provided by court
order, must take place no later than the date provided in section 204B.14, subdivision 1a.
new text end

new text begin (i) Notwithstanding subdivision 30, the established advisory commission must complete
its activity by October 1 in each year ending in one. Upon final approval of the advisory
commission's adopted plan by the legislature and governor, the plan must be communicated
to the secretary of state. The plan becomes effective for the following election upon filing
with the secretary of state. The commission must also publish the adopted plans and the
related reports on the redistricting commission's website.
new text end

new text begin Subd. 26. new text end

new text begin Activity and evaluation report. new text end

new text begin Within 30 days of the enactment into law
or adoption by court order of both a legislative plan and a congressional plan, the advisory
commission must submit a report to the chief clerk of the house of representatives, the
secretary of the senate, the majority and minority leaders of each house of the legislature,
and the governor. At a minimum, the report must include a summary of the commission's
work, including the information required in subdivision 5, clause (15), and any recommended
changes to laws affecting redistricting. The report must also inform the legislature if the
commission determines that funds or other resources provided for the operation of the
commission were inadequate. A commissioner who voted against a redistricting plan may
submit a dissenting report, which shall be issued with the commission's report. The
commission must publish the report on its website.
new text end

new text begin Subd. 27. new text end

new text begin Criminal liability as public officers. new text end

new text begin Members of the advisory commission
exercise the functions of a public officer for the purposes of sections 609.415 to 609.4751.
new text end

new text begin Subd. 28. new text end

new text begin Data. new text end

new text begin The advisory commission is subject to chapter 13, except that a plan is
not public data until it has been submitted to the advisory commission for its consideration.
new text end

new text begin Subd. 29. new text end

new text begin Lobbyist registration. new text end

new text begin Action by the redistricting commission is administrative
action for the purposes of section 10A.01, subdivisions 2 and 21.
new text end

new text begin Subd. 30. new text end

new text begin Expiration. new text end

new text begin (a) The advisory commission expires 45 days after:
new text end

new text begin (1) both a legislative and a congressional redistricting plan have been enacted into law
or adopted by court order; and
new text end

new text begin (2) any legal challenges to the plans have been resolved.
new text end

new text begin (b) If a court enjoins the use of a plan after the advisory commission expires, the court
enjoining the plan may direct a new commission to be appointed under this section to draft
a remedial plan for presentation to the legislature in accordance with deadlines established
by the court's order.
new text end

Sec. 3.

new text begin [2A.32] REDISTRICTING PRINCIPLES.
new text end

new text begin Subdivision 1. new text end

new text begin Districting principles. new text end

new text begin The prohibitions and principles in this section
apply to both legislative and congressional districts.
new text end

new text begin Subd. 2. new text end

new text begin Prohibitions new text end

new text begin (a) Districts must not be drawn to violate the Fourteenth and
Fifteenth Amendments of the United States Constitution or the Voting Rights Act of 1965,
as amended.
new text end

new text begin (b) Districts must not be drawn to purposefully favor or disfavor a candidate or incumbent.
new text end

new text begin (c) Districts must not be drawn using voter registration, voter turnout, voting history, or
party preference, including participation in the presidential nominating primary, general
election, voting patterns, and primary voting patterns, except for the purposes of verifying
the compliance of maps with the requirements of this section and of issuing the reports
required by section 2A.23.
new text end

new text begin (d) Districts must not be drawn using the location of incumbents' or candidates' residences.
new text end

new text begin (e) Districts must not be drawn using data subject to reporting or regulation under chapter
10A; section 201.091, subdivision 4a; United States Code, title 52, subtitle III; or United
States Code, title 26, subtitle H.
new text end

new text begin (f) Districts must not be drawn with the effect of unduly favoring or disfavoring any
political party. Districts shall be subjected to a test of partisan fairness using the standard
of proportionality as the benchmark for fairness. Using four recent statewide elections, any
proposed Congressional or legislative plan must be close to achieving major-party seat share
proportional to the corresponding share of the popular vote in at least three out of the four
contests. The standard of closeness is one seat for Congressional contests and seven
percentage points for legislative contests. If a plan fails to meet this standard, it triggers a
rebuttable presumption of excessive partisan advantage. This may be rebutted if a court
determines that the degree of disproportionality was necessary in order to reasonably balance
the rules and criteria in effect for redistricting.
new text end

new text begin Subd. 3. new text end

new text begin Priority of principles. new text end

new text begin Districts must be drawn in accordance with the principles
in this section. If districts cannot be drawn fully in accordance with the principles, a
districting plan must give priority to those principles in the order in which they are listed,
except when doing so would violate federal or state law.
new text end

new text begin Subd. 4. new text end

new text begin Population equality. new text end

new text begin (a) Each congressional district must be as nearly equal
in population as practicable.
new text end

new text begin (b) Each legislative district must be substantially equal in population. The population
of a legislative district must not deviate by more than plus or minus five percent from the
population of the ideal district.
new text end

new text begin Subd. 5. new text end

new text begin Minority representation. new text end

new text begin (a) Districts must not dilute or diminish the equal
opportunity of racial, ethnic, and language minorities to participate in the political process
and to elect candidates of their choice, whether alone or in coalition with others.
new text end

new text begin (b) Districts must provide racial minorities and language minorities who constitute less
than a voting-age majority of a district with an equal opportunity to substantially influence
the outcome of an election.
new text end

new text begin Subd. 6. new text end

new text begin Preservation of Native Nations. new text end

new text begin The reservation lands of a federally recognized
Native Nation must be preserved to the extent practicable. Discontiguous portions of a
federally recognized Native Nation's reservation lands must be included in the same district
and must not be divided more than necessary to meet constitutional requirements.
new text end

new text begin Subd. 7. new text end

new text begin Communities of interest. new text end

new text begin Districts must minimize the division of identifiable
communities of interest. A community of interest may include a racial, ethnic, or linguistic
group or any group with shared experiences and concerns, including but not limited to
geographic, governmental, regional, social, cultural, historic, socioeconomic, occupational,
trade, environmental, or transportation interests. Communities of interest shall not include
relationships with political parties, incumbents, or candidates.
new text end

new text begin Subd. 8. new text end

new text begin Convenience and contiguity. new text end

new text begin Each district must be convenient and contiguous.
A district is convenient if it allows reasonable ease of travel within the district. Contiguity
by water is sufficient if the water is not a serious obstacle to travel within the district. A
district with areas that touch only at a point is not contiguous.
new text end

new text begin Subd. 9. new text end

new text begin Nesting. new text end

new text begin A representative district must not be divided in the formation of a
senate district.
new text end

new text begin Subd. 10. new text end

new text begin Political subdivisions. new text end

new text begin Districts must minimize the division of counties, cities,
and towns except when (1) the division occurs because a portion of a city or town is not
contiguous with another portion of the same city or town, or (2) despite the division, the
known population of any affected county, city, or town remains wholly located within a
single district.
new text end

new text begin Subd. 11. new text end

new text begin Compactness. new text end

new text begin Districts must be reasonably compact. More than one measure
must be used to evaluate compactness of districts.
new text end

new text begin Subd. 12. new text end

new text begin Natural geographic boundaries. new text end

new text begin Districts must be drawn to respect natural
geographic boundaries to the extent possible, including bodies of water, mountain ranges,
and other significant geological and topographic features.
new text end

new text begin Subd. 13. new text end

new text begin Numbering. new text end

new text begin (a) Congressional district numbers must begin with district one
in the southeast corner of the state and end with the district with the highest number in the
northeast corner of the state.
new text end

new text begin (b) Legislative districts must be numbered in a regular series, beginning with house of
representatives district 1A in the northwest corner of the state and proceeding across the
state from west to east, north to south. In a county that includes more than one whole senate
district, the districts must be numbered consecutively.
new text end

new text begin Subd. 14. new text end

new text begin Additional principles. new text end

new text begin The advisory commission established in section 2A.20
may adopt additional principles by a two-thirds vote, but the additional principles must not
be prioritized above the principles in the Constitution of Minnesota or in this section.
new text end

new text begin Subd. 15. new text end

new text begin Severability. new text end

new text begin The provisions of this section are severable. If any provision of
this section or its application is held to be invalid, that invalidity shall not affect other
provisions of this section, which shall be given the maximum possible effect in the absence
of the invalid provision.
new text end

Sec. 4.

new text begin [2A.33] LEGISLATIVE COORDINATING COMMISSION;
REDISTRICTING .
new text end

new text begin Subdivision 1. new text end

new text begin Administrative and professional support. new text end

new text begin The Legislative Coordinating
Commission shall provide administrative, professional, and support services to the
commission established in section 2A.31. The responsibilities assigned to the Legislative
Coordinating Commission executive director may be implemented through a process or
delegation to an individual responsible to the executive director to carry out the assigned
activities.
new text end

new text begin Subd. 2. new text end

new text begin Data used. new text end

new text begin (a) The geographic areas and population counts used in maps, tables,
and legal descriptions of legislative and congressional districts considered by the legislature
and the redistricting commission must be those used by the GIS Office. The population
counts shall be the block population counts provided to the state under Public Law 94-171
after each decennial census, subject to correction of any errors acknowledged by the United
States Census Bureau.
new text end

new text begin (b) Nothing in this subdivision prohibits the use of additional data, except as provided
by sections 2A.31 and 2A.32.
new text end

new text begin (c) The GIS Office must make this data available to the public on the GIS Office's
website.
new text end

new text begin Subd. 3. new text end

new text begin Publication; consideration of plans. new text end

new text begin A plan must not be finalized until the
plan's block equivalency file has been submitted to the GIS Office in a form prescribed by
the GIS Office. The block equivalency file must show the district to which each census
block has been assigned. The GIS Office shall publish each plan submitted to it on the GIS
Office website.
new text end

new text begin Subd. 4. new text end

new text begin Reports. new text end

new text begin Publication of a plan shall include the reports described as follows:
new text end

new text begin (1) a population equality report that lists each district in the plan, its population as the
total number of persons, and deviations from the ideal as both the number of persons and
as a percentage of the population. The report must also show the populations of the largest
and smallest districts and the overall range of deviations of districts;
new text end

new text begin (2) a minority voting-age population report that lists for each district the voting age
population of each racial, ethnic, or language minority and the total minority voting age
population, according to the categories recommended by the United States Department of
Justice. The report must also specify each district with 30 percent or more total minority
population;
new text end

new text begin (3) a contiguity report that lists each district that is noncontiguous either because two
areas of a district do not touch or because they are linked by a point;
new text end

new text begin (4) if a plan preserves a community of interest, a communities of interest report that
includes maps of the plan with a layer identifying the census blocks within each preserved
community of interest and includes a description of the research process used to identify
each community of interest. The report must also list each district to which a community
of interest has been assigned, the number of communities of interest that are split, and the
number of times communities of interest were split;
new text end

new text begin (5) a political subdivision and Native Nation reservation splits report that lists each split
of a county, city, township, federally recognized Native Nation reservation, unorganized
territory, and precinct, and the district to which each portion of a split division is assigned.
The report also must show the number of subdivisions split and the number of times a
subdivision is split;
new text end

new text begin (6) a plan components report that lists for each district the names and populations of the
counties within it and, if a county is split between or among districts, the names and
populations of the portion of the split county and each of the split county's whole or partial
cities, townships, unorganized territories, and precincts within each district;
new text end

new text begin (7) a measures of compactness report that lists for each district the results of the multiple
measures of compactness, including but not limited to Reock, Polsby-Popper, Minimum
Convex Hull, Population Polygon, Population Circle, Ehrenburg, Perimeter, and
Length-Width measures. The report must also state for each district the sum of the district's
perimeter and the mean of the measurements. The report may list additional tests of
compactness that are accepted in political science and statistics literature; and
new text end

new text begin (8) a partisanship report that lists multiple measures of partisan symmetry. The report
may list additional tests of partisan bias that are accepted in political science and statistics
literature.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective January 1, 2025, if the constitutional amendments proposed in
article 1 are not ratified.
new text end

APPENDIX

Repealed Minnesota Statutes: H4598-1

2.91 REDISTRICTING PLANS.

Subdivision 1.

Distribution.

Upon enactment of a redistricting plan for the legislature or for Congress, the Legislative Coordinating Commission shall deposit the plan with the secretary of state. The secretary of state shall provide copies of the relevant portions of the redistricting plan to each county auditor, who shall provide a copy of the relevant portions of the plan to each municipal clerk within the county. The secretary of state, with the cooperation of the commissioner of administration, shall make copies of the plan file, maps, and tables available to the public for the cost of publication. The revisor of statutes shall code a metes and bounds description of the districts in Minnesota Statutes.

Subd. 2.

Corrections.

The legislature intends that a redistricting plan encompass all the territory of this state, that no territory be omitted or duplicated, that all districts consist of convenient contiguous territory substantially equal in population, and that political subdivisions not be divided more than necessary to meet constitutional requirements. Therefore, in implementing a redistricting plan for the legislature or for Congress, the secretary of state, after notifying the Legislative Coordinating Commission and the revisor of statutes, shall order the following corrections:

(a) If a territory in this state is not named in the redistricting plan but lies within the boundaries of a district, it is a part of the district within which it lies.

(b) If a territory in this state is not named in the redistricting plan but lies between the boundaries of two or more districts, it is a part of the contiguous district having the smallest population.

(c) If a territory in this state is assigned in the redistricting plan to two or more districts, it is part of the district having the smallest population.

(d) If a territory in this state is assigned to a district that consists of other territory containing a majority of the population of the district but with which it is not contiguous, the territory is a part of the contiguous district having the smallest population.

(e) If the description of a district boundary line that divides a political subdivision is ambiguous because a highway, street, railroad track, power transmission line, river, creek, or other physical feature or census block boundary that forms part of the district boundary is omitted or is not properly named or has been changed, or because a compass direction for the boundary line is wrong, the secretary of state shall add or correct the name or compass direction and resolve the ambiguity in favor of creating districts of convenient, contiguous territory of substantially equal population that do not divide political subdivisions more than is necessary to meet constitutional requirements.

Subd. 3.

Notice of corrections.

The secretary of state shall provide a copy of each correction order to each affected county auditor, municipal clerk, and candidate.

Subd. 4.

Recommendations to legislature.

The secretary of state and the revisor of statutes shall recommend to the legislature any additional technical corrections to the redistricting plan they deem necessary or desirable.