SF 1338

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             proposing an amendment to the Minnesota Constitution, 
  1.3             article IV, sections 2 and 3, and by adding a new 
  1.4             article; providing for establishment of the boundaries 
  1.5             of congressional and legislative districts by a 
  1.6             commission; limiting the power of the legislature to 
  1.7             change the number of senators and representatives. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [PROPOSED AMENDMENT.] 
  1.10     An amendment to the Minnesota Constitution, article IV, 
  1.11  sections 2 and 3, and adding a new article is proposed to the 
  1.12  people.  If the amendment is adopted, article IV, section 2, 
  1.13  will read as follows: 
  1.14     Sec. 2.  The number of members who compose the senate and 
  1.15  house of representatives shall be prescribed by law.  The 
  1.16  representation in both houses shall be apportioned equally 
  1.17  throughout the different sections of the state in proportion to 
  1.18  the population thereof. A law changing the number of senators or 
  1.19  representatives shall be effective on January 1 of the next year 
  1.20  ending in the number one following enactment of the law and 
  1.21  shall govern general elections held under an apportionment plan 
  1.22  that becomes effective after that date. 
  1.23     article IV, section 3, will read as follows: 
  1.24     Sec. 3.  At its first session after each enumeration of the 
  1.25  inhabitants of this state made by the authority of the United 
  1.26  States, the legislature shall have the power to prescribe the 
  2.1   bounds of congressional and legislative districts.  Senators 
  2.2   shall be chosen by single districts of convenient contiguous 
  2.3   territory.  No representative district shall be divided in the 
  2.4   formation of a senate district.  The senate districts shall be 
  2.5   numbered in a regular series. The legislature shall not 
  2.6   prescribe the boundaries for the districts of senators and 
  2.7   representatives or for the districts of representatives in the 
  2.8   Congress of the United States. 
  2.9      and a new article XV will read as follows: 
  2.10                            ARTICLE XV 
  2.11                    REAPPORTIONMENT COMMISSION 
  2.12     Section 1.  In each year ending in the number one, or when 
  2.13  required by court order, a reapportionment commission shall be 
  2.14  established to draw the boundaries of legislative and 
  2.15  congressional districts. 
  2.16     The commission shall consist of nine members who are 
  2.17  eligible voters of the state.  One member shall be appointed by 
  2.18  the speaker of the house and one by the members of the house 
  2.19  representing political parties other than the party represented 
  2.20  by the speaker.  One member shall be appointed by the president 
  2.21  of the senate and one by the members of the senate representing 
  2.22  political parties other than the party represented by the 
  2.23  president.  Article IV, section 5, shall not apply to the 
  2.24  appointment of these four members of the reapportionment 
  2.25  commission.  The term "political party" as used in this section 
  2.26  shall have the meaning provided by law. 
  2.27     The remaining five members shall be appointed by unanimous 
  2.28  agreement of the legislative appointees.  The qualifications of 
  2.29  these members shall be provided by law. 
  2.30     Members of the commission shall be appointed within the 
  2.31  time provided by law but not later than March 15 when the 
  2.32  commission is established in a year ending in the number one.  
  2.33  The supreme court shall fill any vacancy caused by failure to 
  2.34  appoint a member within the time required by law. 
  2.35     Sec. 2.  The commission shall draw the boundaries of 
  2.36  legislative and congressional districts in accordance with the 
  3.1   requirements of this section.  There shall be one district for 
  3.2   each state representative, state senator, and representative in 
  3.3   Congress.  No state representative district shall be divided in 
  3.4   the formation of a senate district. 
  3.5      All districts of the same kind shall be as equal in 
  3.6   population as practicable.  Population shall be the controlling 
  3.7   factor in drawing the district boundaries. 
  3.8      The districts shall be composed of compact and contiguous 
  3.9   territory.  To the extent consistent with other standards, the 
  3.10  boundaries of the districts shall follow the boundaries of local 
  3.11  governmental units and, wherever practicable, natural and 
  3.12  artificial physical boundaries.  No apportionment plan shall be 
  3.13  drawn for the purpose of favoring any person or political party. 
  3.14     Sec. 3.  The commission shall adopt an apportionment plan 
  3.15  within the time provided by law, but not later than December 1, 
  3.16  when the commission is established in a year ending in the 
  3.17  number one.  The plan shall set forth all of the new legislative 
  3.18  and congressional districts.  An apportionment plan is adopted 
  3.19  by the commission when it is approved by a vote of at least six 
  3.20  of its members. 
  3.21     Sec. 4.  An apportionment plan is effective when it is 
  3.22  adopted and any judicial proceedings under section 5 have been 
  3.23  completed.  The districts set forth in an apportionment plan 
  3.24  shall govern elections of state senators, state representatives, 
  3.25  and representatives in Congress beginning with the first general 
  3.26  election after the plan is effective. 
  3.27     Sec. 5.  The supreme court shall exercise original 
  3.28  jurisdiction in any matter relating to apportionment in the 
  3.29  manner provided by law.  If the commission fails to adopt an 
  3.30  apportionment plan within the time provided by law, the supreme 
  3.31  court shall adopt its own plan in accordance with the 
  3.32  requirements of section 2.  If an apportionment plan for 
  3.33  legislative districts is adopted by the supreme court later than 
  3.34  April 1 of a general election year, the time for establishing 
  3.35  residency for legislative candidates as set forth in article IV, 
  3.36  section 6, is extended to either 45 days after the effective 
  4.1   date of the plan or to the last day provided by law for filing 
  4.2   for office at the general election, whichever is earlier. 
  4.3      Sec. 6.  The legislature may enact the laws necessary to 
  4.4   implement this article provided that reapportionment shall be 
  4.5   governed by the law in effect on January 1 of the year in which 
  4.6   a reapportionment commission is established. 
  4.7      Sec. 2.  [SCHEDULE AND QUESTION.] 
  4.8      The amendment shall be submitted to the people at the 2000 
  4.9   general election.  The question proposed shall be: 
  4.10     "Shall the Minnesota Constitution be amended to transfer 
  4.11  from the legislature to a bipartisan commission the power to 
  4.12  draw the boundaries of legislative and congressional districts? 
  4.13                                     Yes .......
  4.14                                     No ........"