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SF 370

as introduced - 90th Legislature (2017 - 2018) Posted on 03/10/2017 09:56am

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

Current Version - as introduced

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A bill for an act
relating to redistricting; establishing districting principles for legislative and
congressional plans; providing for appointment of a commission to recommend
the boundaries of legislative and congressional districts; amending Minnesota
Statutes 2016, section 2.021; proposing coding for new law in Minnesota Statutes,
chapter 2; repealing Minnesota Statutes 2016, section 2.031, subdivision 1.

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

Section 1.

Minnesota Statutes 2016, section 2.021, is amended to read:


2.021 NUMBER OF MEMBERS.

new text begin Subdivision 1. new text end

new text begin Number of districts. new text end

deleted text begin For each legislature, until a new apportionment
shall have been made,
deleted text end The senate is composed of 67 members and the house of
representatives is composed of 134 members.new text begin The membership is apportioned throughout
the state in 67 senate districts and 134 house districts. Each senate district is entitled to elect
one senator and each house district is entitled to elect one representative.
new text end

new text begin (b) A plan for congressional districts must have the number of districts apportioned to
this state by the United States, each entitled to elect a single member.
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 two 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 The districts must be composed of convenient
contiguous territory structured into compact units. Contiguity by water is sufficient. Territory
that touches only at a point is not contiguous, unless the territory is within the same city or
town.
new text end

new text begin Subd. 5. new text end

new text begin Numbering. new text end

new text begin (a) The 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 seven-county metropolitan area
until the southeast corner has been reached; then to the seven-county metropolitan area
outside the counties of Hennepin and Ramsey; then in Hennepin and finally in Ramsey.
new text end

new text begin (b) The 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 Subd. 6. new text end

new text begin Minority representation. new text end

new text begin The districts must not dilute the voting strength of
racial or language minority populations. Where a concentration of a racial or language
minority makes it possible and it can be done in compliance with the other principles in this
section, the districts must increase the probability that members of the minority will be
elected.
new text end

new text begin Subd. 7. new text end

new text begin Preserving political subdivisions. new text end

new text begin A county, city, or town must not be divided
into more than one district except as necessary to meet equal population requirements or to
form districts that are composed of convenient, contiguous, and compact territory. When a
county, city, or town must be divided into more than one district, it should be divided into
as few districts as possible.
new text end

new text begin Subd. 8. new text end

new text begin Communities of interest. new text end

new text begin The districts should attempt to preserve communities
of interest where that can be done in compliance with the preceding principles. For purposes
of this principle, "communities of interest" include, but are not limited to, geographic areas
where there are clearly recognizable similarities of social, political, cultural, ethnic, or
economic interests, or that are linked by common transportation or communication.
new text end

new text begin Subd. 9. new text end

new text begin Political competitiveness. new text end

new text begin The districts must be created to encourage political
competitiveness, as defined by the commission established under section 2.025.
new text end

new text begin Subd. 10. new text end

new text begin Incumbents. new text end

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

new text begin Subd. 11. new text end

new text begin Priority. new text end

new text begin Where it is not possible to fully comply with the principles provided
in subdivisions 1 to 10, a redistricting plan must give priority to those principles in the order
in which the subdivisions are listed in this section, except to the extent that doing so would
violate federal or state law.
new text end

Sec. 2.

new text begin [2.025] REDISTRICTING COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Appointment. new text end

new text begin By March 1 of each year ending in one, the leaders of the
legislature shall appoint a redistricting commission as provided in this subdivision to draw
the boundaries of legislative and congressional districts in accordance with the principles
established in section 2.021. The commission consists of five retired judges of the appellate
or district courts of this state who have not served in a party designated or party endorsed
position, such as legislator. The majority leader of the senate, the minority leader of the
senate, the speaker of the house, and the minority leader of the house of representatives
shall each appoint one judge, after consulting with each other in an effort to attain geographic
balance in their appointments. If an appointing authority fails to make an appointment by
the deadline, the vacancy must be filled by appointment by the chief justice of the Supreme
Court no later than March 8 of that year. The director of the Legislative Coordinating
Commission shall convene a meeting of the four judges no later than March 15 of that year,
at which meeting the four judges thus appointed shall, by a vote of at least three judges,
choose the fifth judge. The five judges shall select one of their number to serve as chair of
the commission.
new text end

new text begin Subd. 2. new text end

new text begin Code of conduct. new text end

new text begin In performing their duties, the members of the commission
shall abide by the Code of Judicial Conduct and are considered judicial officers within the
meaning of section 609.415.
new text end

new text begin Subd. 3. new text end

new text begin Compensation and expenses. new text end

new text begin Members of the commission must be compensated
for their commission activity as provided in section 15.0575, subdivision 3.
new text end

new text begin Subd. 4. new text end

new text begin Administrative support. new text end

new text begin The Legislative Coordinating Commission shall
provide administrative support to the commission.
new text end

new text begin Subd. 5. new text end

new text begin Plans submitted to commission. new text end

new text begin The commission shall adopt a schedule for
interested persons to submit proposed plans to the commission and to respond to plans
proposed by others. The commission shall adopt standards to govern the format of plans
submitted to it.
new text end

new text begin Subd. 6. new text end

new text begin Public hearings. new text end

new text begin The commission shall hold at least three public hearings in
different geographical regions of the state before adopting the first redistricting plans.
new text end

new text begin Subd. 7. new text end

new text begin Deadlines. new text end

new text begin (a) The commission shall submit to the legislature by April 30 of
the year ending in one, redistricting plans for legislative and congressional seats. Either of
these plans may be enacted or rejected by the legislature, but not modified.
new text end

new text begin (b) If a first plan submitted by the commission is rejected by the legislature, the
commission shall submit a second plan within two weeks after the rejection, unless by then
the legislature has rejected the first plan and adjourned the regular session in the year ending
in one, in which case the second plan must be submitted to the legislature at the opening of
its regular session in the year ending in two. A second plan may be enacted or rejected by
the legislature, but not modified.
new text end

new text begin (c) If the commission fails to submit a plan by either of these two deadlines, the legislature
may proceed to enact a plan in place of the missing plan without waiting for the commission
to submit a plan.
new text end

new text begin (d) If a second plan is rejected by the legislature, the commission shall submit a third
plan within two weeks after the rejection, unless the second plan was rejected by the
legislature at its regular session in the year ending in one and the legislature adjourned the
regular session in the year ending in one less than two weeks after it rejected the second
plan, in which case the third plan must be submitted to the legislature at the opening of its
regular session in the year ending in two. The third plan may be enacted as submitted,
rejected, or enacted as modified by the legislature.
new text end

new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin The commission expires when both legislative and congressional
redistricting plans have been enacted into law or adopted by court order, or upon adjournment
sine die of the legislature at its first regular session after each federal decennial census,
whichever occurs first.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 2.031, subdivision 1, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-0638

2.031 APPORTIONMENT.

Subdivision 1.

Legislative districts.

The representatives in the senate and house of representatives are apportioned throughout the state in 67 senate districts and 134 house of representatives districts. Each senate district is entitled to elect one senator and each house of representatives district is entitled to elect one representative.