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SF 2255

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/15/2019 08:56am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
proposing an amendment to the Minnesota Constitution, article IV, section 3;
establishing a redistricting commission; establishing redistricting principles;
proposing coding for new law in Minnesota Statutes, chapter 2; repealing Minnesota
Statutes 2018, section 204B.14, subdivision 1a.

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

ARTICLE 1

CONSTITUTIONAL AMENDMENT; REDISTRICTING COMMISSION

Section 1. new text beginCONSTITUTIONAL AMENDMENT 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 beginAt 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 convenientnew text begin,new text end contiguousnew text begin, and compactnew text end 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 Districts shall be as nearly equal in population as practicable. Political subdivisions
shall not be divided more than necessary to meet constitutional requirements. A district
must not be drawn purposely to favor or disfavor any political party or political group. The
legislature may enact additional principles by law, but legislatively enacted principles must
not be prioritized above the principles in this section.
new text end

new text begin A redistricting commission shall adopt boundaries of congressional and legislative
districts in accordance with this section. The commission consists of four members. The
majority leader of the senate, the minority leader of the senate, the speaker of the house of
representatives, and the minority leader of the house of representatives shall each appoint
one member. A member must be an eligible voter in this state. A current or former judge
is not eligible to be a commission member. The legislature may provide for additional
eligibility requirements and prohibitions by law.
new text end

new text begin Prior to adopting a legislative or congressional districting plan, the commission shall
hold at least two public hearings in each congressional district.
new text end

new text begin By December 31 of a year ending in one, the commission shall adopt a legislative
districting plan and a congressional districting plan. For a plan to be adopted by the
commission, the plan must be approved by three-fourths of the members of the commission.
After the commission adopts a final plan, the commission shall file the plan with the secretary
of state within seven days of the adoption. Upon filing with the secretary of state, the plan
is effective for the next state general election, and remains in effect until new plans are
adopted by a commission constituted following the next federal decennial census. The
commission established after each federal decennial census expires when both legislative
and congressional redistricting plans have been adopted and filed with the secretary of state,
or January 1 of a year ending in two, whichever is earlier.
new text end

new text begin The legislature shall provide by law a process to reconvene the commission. Reconvening
the commission requires a two-thirds vote of the members of each house.
new text end

new text begin A districting plan is not subject to section 23 or 24 of this article.
new text end

Sec. 2. new text beginSUBMISSION TO VOTERS.
new text end

new text begin (a) The proposed amendment must be submitted to the people at the 2020 general election.
The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to establish a redistricting commission
to conduct legislative and congressional redistricting after each federal 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

new text begin (b) The title required under Minnesota Statutes, section 204D.15, subdivision 1, for the
question submitted to the people under paragraph (a) shall be: "Redistricting Commission."
new text end

ARTICLE 2

REDISTRICTING COMMISSION; REDISTRICTING PRINCIPLES

Section 1.

new text begin [2.92] 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 applies to the Redistricting Commission
established in article IV, section 3, of the Minnesota Constitution.
new text end

new text begin Subd. 2. new text end

new text begin Appointments; meeting; chair. new text end

new text begin (a) 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 must each appoint one member by January 15 of a year ending in one. A
vacancy on the commission must be filled promptly by the appointing authority that made
the initial appointment. By February 1 of a year ending in one, the chief justice of the
Minnesota Supreme Court must convene the first meeting of the commission. The members
of the commission must select the chair from among the members at the first meeting.
new text end

new text begin (b) The commission is subject to chapters 13 and 13D.
new text end

new text begin (c) Public members of the commission must be compensated as provided in section
15.0575.
new text end

new text begin Subd. 3. new text end

new text begin Members. new text end

new text begin (a) A member must be an eligible voter in this state. A current or
former judge is not eligible to be a commission member. While serving on the commission,
members must not campaign for elective office, actively participate or contribute to a political
campaign, or hold office in the legislature or congress.
new text end

new text begin (b) Before serving on the commission, every person shall take and subscribe an oath to
faithfully perform the duties of that office. The oath must be filed with the Secretary of
State.
new text end

new text begin Subd. 4. new text end

new text begin Public hearings; proposed plans. new text end

new text begin (a) The commission must adopt a schedule
for interested persons to submit proposed plans to the commission and to respond to plans
proposed by others. The commission must adopt procedures to govern the creation and
format of plans submitted to it. The schedule and procedures must be posted on the
Legislative Coordinating Commission's website. The commission must hold at least one
public hearing in each congressional district before proposing any redistricting plan to gather
public input.
new text end

new text begin (b) After completing the public hearings required by paragraph (a), the commission may
propose districting plans for legislative and congressional districts. The commission must,
by three-fourths vote, select one plan for legislative districts and one plan for congressional
districts to present to the public for input. The selected plans must be posted on the
Legislative Coordinating Commission's website. After the plans have been posted, the
commission must hold at least one public hearing in each congressional district to solicit
feedback on the proposed plans.
new text end

new text begin Subd. 5. new text end

new text begin Adoption of plan. new text end

new text begin After completing the public hearings required by subdivision
4, but before December 31 of a year ending in one, the commission must adopt a legislative
districting plan and a congressional districting plan as provided in article IV, section 3, of
the Minnesota Constitution.
new text end

new text begin Subd. 6. new text end

new text begin Reports. new text end

new text begin For each plan considered or adopted by the commission, the
commission must prepare a detailed map of each district and a report explaining how the
commission complied with the redistricting provisions established in section 2.93.
new text end

new text begin Subd. 7. new text end

new text begin Administrative support. new text end

new text begin The Legislative Coordinating Commission must
provide the commission with administrative support and staff, meeting and working space,
equipment, hardware, software, and other assistance as requested by the commission.
new text end

new text begin Subd. 8. new text end

new text begin Reconvening the redistricting commission. new text end

new text begin The redistricting commission
may be reconvened after it has expired and before the next year ending in one as provided
in this section. Upon an affirmative vote of two-thirds of the members of each house, the
redistricting commission is reconvened. Appointments to the commission must be made in
the manner provided in this section. The commission may modify an existing congressional
or legislative plan or amend a new congressional or legislative plan. Any modification or
new plan adopted pursuant to this subdivision must be done in the manner provided in this
section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 1, 2020, if the constitutional
amendment in article 1 is adopted and applies to redistricting conducted on or after that
date.
new text end

Sec. 2.

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

new text begin Subdivision 1. new text end

new text begin Applicability; constitutional duty of legislature. new text end

new text begin The principles in this
section apply to legislative and congressional districts.
new text end

new text begin Subd. 2. new text end

new text begin Convenience; contiguity; compactness. new text end

new text begin The districts must be composed of
convenient, contiguous, and compact territory. 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. 3. 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. 4. 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. 5. new text end

new text begin Equal population. new text end

new text begin (a) Legislative districts must be as nearly equal in population
as practicable. The population of a legislative district must not deviate from the ideal by
more than one 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. 6. 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. 7. new text end

new text begin Political parties. new text end

new text begin A district must not be drawn purposely to favor or disfavor
any political party or political group.
new text end

new text begin Subd. 8. 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 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. 9. 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. 10. new text end

new text begin Data to be used. new text end

new text begin The geographic areas and population counts used in maps,
tables, and legal descriptions of the districts must be those used by the Geographic
Information Systems (GIS) Office of the Legislative Coordinating Commission. The
population counts shall 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.
new text end

new text begin Subd. 11. new text end

new text begin Consideration of plans. new text end

new text begin A redistricting plan must not be considered for
adoption by the Redistricting Commission until the redistricting 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. 12. 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 9, a redistricting plan must comply with the
principles contained in subdivisions 2 to 7 and then give priority to those principles in
subdivisions 7 and 8 in the order in which they are listed in this section, except to the extent
that doing so would violate federal or state law.
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. 3. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 204B.14, subdivision 1a, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 1, 2020, if the constitutional
amendment in article 1 is adopted.
new text end

APPENDIX

Repealed Minnesota Statutes: S2255-1

204B.14 ELECTION PRECINCTS.

Subd. 1a.

Legislative policy.

It is the intention of the legislature to complete congressional and legislative redistricting activities in time to permit counties and municipalities to begin the process of reestablishing precinct boundaries as soon as possible after the adoption of the congressional and legislative redistricting plans but in no case later than 25 weeks before the state primary election in the year ending in two.