SF 532

as introduced - 88th Legislature (2013 - 2014) Posted on 03/01/2013 09:46am

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 2012, section 2.021; proposing coding for new law in Minnesota Statutes,
chapter 2; repealing Minnesota Statutes 2012, sections 2.031; 2.444; 2.484.

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

Section 1.

Minnesota Statutes 2012, section 2.021, is amended to read:

2.021 NUMBER OF MEMBERS.

Subdivision 1.

Number of districts.

For each legislature, until a new apportionment
shall have been made, The senate is composed of 67 members and the house of
representatives is composed of 134 members. 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.

(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.

Subd. 2.

Nesting.

A representative district may not be divided in the formation
of a senate district.

Subd. 3.

Equal population.

(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.

(b) Congressional districts must be as nearly equal in population as practicable.

Subd. 4.

Contiguity; compactness.

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.

Subd. 5.

Numbering.

(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.

(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.

Subd. 6.

Minority representation.

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.

Subd. 7.

Preserving political subdivisions.

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.

Subd. 8.

Communities of interest.

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.

Subd. 9.

Political competitiveness.

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

Subd. 10.

Incumbents.

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

Subd. 11.

Priority.

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.

Sec. 2.

[2.025] REDISTRICTING COMMISSION.

Subdivision 1.

Appointment.

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.

Subd. 2.

Code of conduct.

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.

Subd. 3.

Compensation and expenses.

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

Subd. 4.

Administrative support.

The Legislative Coordinating Commission shall
provide administrative support to the commission.

Subd. 5.

Plans submitted to commission.

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.

Subd. 6.

Public hearings.

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

Subd. 7.

Deadlines.

(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.

(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.

(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.

(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.

Subd. 8.

Expiration.

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.

Sec. 3. REPEALER.

Minnesota Statutes 2012, sections 2.031; 2.444; and 2.484, are repealed.