HF 5018

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/18/2024 02:06pm

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, chapter 2; 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 territory deleted 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 days deleted 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 house deleted 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 of the year following a federal decennial census, 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 a geographically and demographically
representative cross section of the state. 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
select, by majority vote, an additional two members from each of the pools of applicants
selected by the Redistricting Commission Applicant Screening Panel to be seated. 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

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

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 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. The Legislative Coordinating Commission must assist the panel in hiring 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, 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 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. The Legislative Coordinating
Commission must assist the commission in hiring 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 the adjustments
and exclusions required by section 2.036. 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, 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 Universities new 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, 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, if the constitutional
amendments in article 1 are adopted.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-07556

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.