HF 5404

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/18/2024 02:53pm

A bill for an act
relating to the legislature; proposing an amendment to the Minnesota Constitution,
article IV, section 3; by adding an article XV; establishing a Bipartisan Redistricting
Commission; establishing principles to be used in adopting legislative and
congressional districts; amending Minnesota Statutes 2022, section 10A.01,
subdivision 35; proposing coding for new law in Minnesota Statutes, chapter 2.

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

ARTICLE 1

BIPARTISAN 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
of convenient contiguous territory. 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 XV shall be added to read:
new text end

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

new text begin Section 1. new text end

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

new text begin (1) two members must be appointed by the speaker of the house of representatives;
new text end

new text begin (2) two members must be appointed by the minority leader of the house of representatives;
new text end

new text begin (3) two members must be appointed by the majority leader of the senate; and
new text end

new text begin (4) two members must be appointed by the minority leader of the senate.
new text end

new text begin Sec. 2. new text end

new text begin The following individuals are ineligible to serve on the Bipartisan Redistricting
Commission:
new text end

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

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

new text begin Sec. 3. new text end

new text begin The commission must elect a chair, vice-chair, and other officers from among
its members, and may establish procedures to govern the conduct of its work, as it determines
necessary. A quorum of the commission is five members. The affirmative vote of six
members, including at least one member appointed by each appointing authority, is required
for the commission to adopt a redistricting plan.
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 provided by this constitution.
new text end

new text begin Following adoption of a redistricting plan, the commission may convene to make technical
corrections to the plan, until 25 weeks before the state primary election in the year ending
in two.
new text end

new text begin Sec. 4. 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. 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 the court's own authority.
new text end

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

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

new text begin "Shall the Minnesota Constitution be amended to establish a Bipartisan Redistricting
Commission, to adopt the boundaries of legislative and congressional districts after each
decennial census?
new text end

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

ARTICLE 2

BIPARTISAN REDISTRICTING COMMISSION; STATUTORY
IMPLEMENTATION

Section 1.

new text begin [2.93] DISTRICTING PRINCIPLES.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The principles in this section apply to legislative and
congressional districts. The Bipartisan Redistricting Commission established by the
Minnesota Constitution, article XV, may adopt additional principles to be used in drawing
districts. Additional principles adopted by the commission must not conflict with those
identified in this section.
new text end

new text begin Subd. 2. new text end

new text begin Nesting. new text end

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

new text begin Subd. 3. new text end

new text begin Equal population. new text end

new text begin (a) Legislative districts must be substantially equal in
population. The population of a legislative district must not deviate from the ideal by more
than 0.5 percent, plus or minus.
new text end

new text begin (b) Congressional districts must be as nearly equal in population as practicable.
new text end

new text begin Subd. 4. new text end

new text begin Contiguity; compactness. new text end

new text begin Districts must be composed of convenient, contiguous
territory. To the extent consistent with the other principles in this section, districts should
be compact. Contiguity by water is sufficient if the water is not a serious obstacle to travel
within the district. Point contiguity is not sufficient.
new text end

new text begin Subd. 5. new text end

new text begin Numbering. new text end

new text begin (a) Legislative districts must be numbered in a regular series,
beginning with house district 1A in the northwest corner of the state and proceeding across
the state from west to east, north to south, but bypassing the 11-county metropolitan area
until the southeast corner has been reached; then to the 11-county metropolitan area outside
the cities of Minneapolis and St. Paul; then in Minneapolis and St. Paul.
new text end

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

new text begin Subd. 6. new text end

new text begin Minority representation. new text end

new text begin (a) The dilution of racial or ethnic minority voting
strength is contrary to the laws of the United States and the state of Minnesota. These
principles must not be construed to supersede any provision of the Voting Rights Act of
1965, as amended.
new text end

new text begin (b) A redistricting plan must not have the intent or effect of dispersing or concentrating
minority population in a manner that prevents minority communities from electing their
candidates of choice.
new text end

new text begin Subd. 7. new text end

new text begin Minor civil divisions. new text end

new text begin (a) A county, city, or town must not be unduly divided
unless required to meet equal population requirements or to form districts composed of
convenient, contiguous territory.
new text end

new text begin (b) A county, city, or town is not unduly divided in the formation of a legislative or
congressional district if:
new text end

new text begin (1) the division occurs because a portion of a city or town is noncontiguous with another
portion of the same city or town; or
new text end

new text begin (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. 8. new text end

new text begin Preserving communities of interest. new text end

new text begin (a) Districts should attempt to preserve
identifiable communities of interest where that can be done in compliance with the principles
under this section.
new text end

new text begin (b) For purposes of this subdivision, "communities of interest" means recognizable areas
with similarities of interests, including but not limited to racial, ethnic, geographic, social,
or cultural interests.
new text end

new text begin Subd. 9. new text end

new text begin Incumbents. new text end

new text begin Districts must not be drawn for the purpose of protecting or
defeating an incumbent.
new text end

new text begin Subd. 10. new text end

new text begin Priority of principles. new text end

new text begin Where it is not possible to fully comply with the
principles contained in subdivisions 2 to 8, a redistricting plan must give priority to those
principles in the order in which they are listed in this section, except to the extent that doing
so would violate federal or state law. Additional principles adopted by the Bipartisan
Redistricting Commission may only be used if all other principles identified in this section
have already been successfully applied to a proposed map.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to any plan for districts enacted or established for use on or after that date.
new text end

Sec. 2.

new text begin [2.95] BIPARTISAN 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 Bipartisan
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 appointing authorities identified in article
XV of the Minnesota Constitution must make their appointments of commission members.
new text end

new text begin (b) No later than November 15 of the year of a decennial census, a member designated
by the speaker of the house must convene the first meeting of the commission. The designee
must preside at commission meetings until a commission chair is elected. 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 six
members, including the vote of at least one member appointed by each appointing authority.
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. new text end

new text begin 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 proposals.
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 meetings 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 the commission deems necessary.
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 to 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. 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) The commission must engage in a
technical review of a redistricting plan prior to its adoption. A technical review includes
ensuring that the plan encompasses all the territory of this state and that no territory is
omitted or duplicated. No later than 25 weeks before the state primary election in the year
ending in two, the commission may amend an adopted 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) The affirmative vote of at least six members of the commission, including one
appointed by each appointing authority, is necessary to adopt technical corrections to a
redistricting plan.
new text end

new text begin (d) 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 If the constitutional amendments in article 1 are adopted, this
section is effective January 1, 2030, and applies to the 2030 redistricting cycle and thereafter.
new text end

Sec. 3.

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 Bipartisan Redistricting Commission new text end .

new text begin EFFECTIVE DATE. new text end

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