Minnesota Legislature
SF 182
2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:11am
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A bill for an act
relating to elections; establishing districting principles for legislative and
congressional plans; providing for appointment of a commission to recommend
the boundaries of legislative and congressional districts; appropriating money;
amending Minnesota Statutes 2008, section 2.021; proposing coding for new law
in Minnesota Statutes, chapter 2; repealing Minnesota Statutes 2008, section
2.031.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 2.021, is amended to read:
2.021 deleted text begin NUMBER OF MEMBERSdeleted text end new text begin DISTRICTING PRINCIPLESnew text end .
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 new text begin (a) new 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 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 APPROPRIATION.
new text end
new text begin
$141,000 is appropriated from the general fund to the legislative coordinating
commission to pay the expenses of the redistricting commission created by this act, to be
available until June 30, 2011. The appropriation base is $47,000 for fiscal year 2012 and
zero for fiscal year 2013.
new text end
Sec. 4. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, section 2.031,
new text end
new text begin
is repealed.
new text end