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Capital IconMinnesota Legislature

SF 4894

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/19/2024 10:03am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to redistricting; establishing an advisory citizens' redistricting commission;
establishing redistricting principles and redistricting requirements; proposing a
constitutional amendment to establish an independent citizens' redistricting
commission; appropriating money; proposing coding for new law in Minnesota
Statutes, chapters 2A; 204B; repealing Minnesota Statutes 2022, section 2.91,
subdivision 1.

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

ARTICLE 1

CONSTITUTIONAL AMENDMENT; INDEPENDENT CITIZENS' REDISTRICTING
COMMISSION

Section 1. new text begin CONSTITUTIONAL 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 begin At its first sessiondeleted text end After each enumeration of the inhabitants of this state made
by the authority of the United States, the deleted text begin legislaturedeleted text end new text begin Independent Citizens' Redistricting
Commission established in article XV
new text end shall have the power to prescribe the bounds of
congressional and legislative districts. deleted text begin Senators shall be chosen by single districts of
convenient contiguous territory. No representative district shall be divided in the formation
of a senate district. The senate districts shall be numbered in a regular series.
deleted text end

new text begin Article XV shall be added to read:
new text end

new text begin ARTICLE XV
new text end new text begin REDISTRICTING
new text end

new text begin Section 1. new text end

new text begin After each enumeration of the inhabitants of this state by the authority of the
United States, a citizens' redistricting commission made up of public members shall adopt
boundaries of congressional and legislative districts in accordance with this article.
new text end

new text begin By April 1 of each year ending in zero the secretary of state shall open a widely publicized
process and circulate applications in a manner that encourages wide public participation of
eligible residents from different regions of the state to apply for membership on the
commission.
new text end

new text begin Applications shall be made available in both electronic and printed forms, in formats
accessible for people with disabilities. Applications must be available in commonly spoken
languages in the state in addition to English. Applications are public data and shall be made
available and posted electronically by the secretary of state. Applications must be received
by June 1 of each year ending in zero.
new text end

new text begin The Independent Citizens' Redistricting Commission shall be created no later than
September 1, 2030, and in each year ending in the number zero thereafter.
new text end

new text begin The Independent Citizens' Redistricting Commission consists of 15 public members
selected to be reasonably representative of this state's diversity, as follows: five members
identifying with the largest political party in the state, five members identifying with the
second largest political party in the state, and five members identifying with no political
party or with a political party that is not the largest or second largest registered political
party in Minnesota.
new text end

new text begin A public member shall be appointed in a manner prescribed by law. The legislature may
provide for additional eligibility requirements and prohibitions by law.
new text end

new text begin The Independent Citizens' Redistricting Commission shall:
new text end

new text begin (1) conduct an open and transparent process enabling full public consideration of and
comment on the drawing of district lines;
new text end

new text begin (2) draw district lines according to the redistricting criteria specified in this article; and
new text end

new text begin (3) conduct themselves with integrity and fairness.
new text end

new text begin Sec. 2. new text end

new text begin The selection process is designed to produce a commission consisting of public
members that is independent from legislative influence and reasonably representative of
Minnesota's diversity.
new text end

new text begin Ten members of the commission shall constitute a quorum including at least one member
identifying with the largest political party in the state, one member identifying with the
second largest political party in the state, and one member identifying with no political party
or with a political party that is not the largest or second largest registered political party in
Minnesota.
new text end

new text begin Two-thirds or more affirmative votes shall be required for any official action, including
at least one member identifying with the largest political party in the state, one member
identifying with the second largest political party in the state, and one member identifying
with no political party or with a political party that is not the largest or second largest
registered political party in Minnesota. Administrative actions including calling to order,
adjourning, scheduling hearings, and other such actions shall require the approval of a
majority of commissioners.
new text end

new text begin A commission member is ineligible for a period of ten years beginning from expiration
of the commission to hold elective public office at the state, county, or city level in
Minnesota.
new text end

new text begin A member of the commission shall be ineligible for a period of five years beginning
from the date of appointment to serve as paid staff for, or as a paid consultant to, the United
States Congress, the legislature, or any individual legislator, or to register as a federal or
state lobbyist in this state.
new text end

new text begin Sec. 3. new text end

new text begin After notice and a public meeting, the commission may remove a commissioner
for cause. Removal of a member must be by a two-thirds affirmative vote and must include
at least one vote from a member identifying with the largest political party in the state, one
vote from a member identifying with the second largest political party in the state, and one
vote from a member identifying with no political party or with a political party that is not
the largest or second largest. If the basis for the commissioner's removal is the commissioner's
refusal to vote as part of a collective effort to disrupt the process or vote of the commission,
that member or members may be removed after a finding by the chair as described in this
section and a two-thirds vote of those commissioners present. An individual or official
identified by law must fill vacancies on the commission by appointment at an open meeting
in the same manner as the initial appointment.
new text end

new text begin Sec. 4. new text end

new text begin The commission shall determine its own rules of procedure, including adoption
of policy regarding disclosure of potential conflicts of interest. In addition to other duties
prescribed by law, the commission shall:
new text end

new text begin (1) adopt procedures and rules to carry out the provisions of this article and any laws
enacted by the legislature, including the procurement for securing professional services;
new text end

new text begin (2) inform the legislature if the commission determines that funds or other resources
provided for the operation of the commission are not adequate;
new text end

new text begin (3) act as the recipient of the final redistricting data and relevant files from the United
States Census Bureau;
new text end

new text begin (4) comply with requirements to disclose and preserve public records;
new text end

new text begin (5) hold open public meetings and public hearings;
new text end

new text begin (6) provide reasonable advance notice of any public meeting or public hearing. The
notice and agenda must be posted electronically by the commission. The commission may
partner with community-based nonpartisan organizations in an effort to disseminate the
notice to directly impacted communities;
new text end

new text begin (7) publish a draft agenda at least 72 hours before each public meeting or hearing;
new text end

new text begin (8) electronically publish a preliminary draft of each plan and an accompanying report
at least ten business days before the relevant public meeting or public hearing and accept
comments on the plan for at least one week after the meeting; and
new text end

new text begin (9) prepare and electronically publish reports as required by law.
new text end

new text begin Sec. 5. new text end

new text begin Prior to adopting a legislative or congressional districting plan, the commission
must hold a minimum of 24 public hearings in different regions of the state, including at
least 12 hearings in Greater Minnesota. At least eight hearings must be held before adopting
preliminary drafts of legislative or congressional district plans. The primary purpose of the
public hearings prior to the release of the preliminary plans is to request public input on
how to define communities of interest and to provide an opportunity for public comment
from residents of that part of the state. The commission shall conduct its hearings in a manner
that invites broad public participation throughout the state, including by using technology
to broadcast commission meetings and receive public comment, scheduling hearings at a
variety of times of day, and providing translation and other accommodations to facilitate
meaningful participation from a range of Minnesotans.
new text end

new text begin Sec. 6. new text end

new text begin The commission must elect a chair and vice chair from among its members by
the majority of commission members, including at least one member identifying with the
largest political party in the state, one member identifying with the second largest political
party in the state, and one member identifying with no political party or with a political
party that is not the largest or second largest. The chair and vice-chair shall not self-identify
as belonging to the same political party.
new text end

new text begin Sec. 7. new text end

new text begin The commission shall be compensated as prescribed in law and must be provided
the services of nonpartisan experts, consultants, and support staff, including a general counsel
with experience and expertise in voting and elections law, including the federal Voting
Rights Act of 1965, as amended or its successor, as is necessary to carry out its duties
pursuant to this article and those prescribed by law.
new text end

new text begin Sec. 8. new text end

new text begin A commissioner must not direct, request, suggest, or recommend an interpretation
of a districting principle or a change to a district boundary to commission staff except during
an open public meeting or public hearing of the commission. Communication between
retained counsel and members of the commission or the designated commission staff does
not violate this section.
new text end

new text begin Sec. 9. new text end

new text begin The commission shall use census data representing the entire population of this
state to draw congressional and legislative districts. Except when required by law or for the
purposes of drawing districts in compliance with the provisions of state or federal law,
citizen voting age or citizen population must not be used as the method to calculate population
equality. Demographic trends provided by the Minnesota state demographer and relevant
election data may be considered in development of maps. Incarcerated persons must be
counted at their last known residence before incarceration.
new text end

new text begin Sec. 10. new text end

new text begin By September 15, 2031, and in each year ending in the number one thereafter,
the commission shall approve three final plans that separately set the district boundary lines
for the United States House of Representatives federal congressional districts and the state
house and senate districts. Upon approval, the commission shall certify the three final plans
to the secretary of state.
new text end

new text begin With each of three final plans, the commission shall issue a report that explains the basis
on which the commission made its decisions in achieving compliance with the principles
listed in this article and shall include definitions of the terms and standards used in drawing
each final plan. The final plans and reports shall be made public and posted electronically.
new text end

new text begin If the commission adopts a legislative or congressional redistricting plan, the plan must
be approved by two-thirds of the commission, including at least one member identifying
with the largest political party in the state, one member identifying with the second largest
political party in the state, and one member identifying with no political party or with a
political party that is not the largest or second largest. Upon final adoption of a plan, the
chair of the commission must file the plan with the secretary of state. The plan becomes
effective for the following election upon filing with the secretary of state. The commission
must also electronically publish the adopted plans and the related reports.
new text end

new text begin Sec. 11. new text end

new text begin If, for any reason, the commission does not adopt a final plan for congressional
or legislative districts by October 1 of the year ending in one, the commission shall use the
following procedure to adopt a plan for that type of district.
new text end

new text begin Each commissioner may submit one proposed plan for each type of district to the full
commission for consideration.
new text end

new text begin Each commissioner shall rank the plans submitted according to preference. Each plan
shall be assigned a point value inverse to its ranking among the number of choices, giving
the lowest ranked plan one point and the highest ranked plan a point value equal to the
number of plans submitted.
new text end

new text begin The commission shall adopt the plan receiving the highest total points that is also ranked
among the top half of plans by at least two commissioners not affiliated with the party of
the commissioner submitting the plan, or in the case of a plan submitted by a nonaffiliated
commissioner, is ranked among the top half of plans by at least two commissioners affiliated
with a major party. If two or more plans are tied for the highest point total, the final maps
shall be selected by lot from those plans.
new text end

new text begin Sec. 12. new text end

new text begin Within 30 days of the adoption of a plan by the commission or a court order
establishing both a legislative plan and a congressional plan, the Independent Citizens'
Redistricting Commission must submit a report to the chief clerk of the house of
representatives and the secretary of the senate. At a minimum, the report must include a
summary of the commission's work and any recommended changes to laws affecting the
redistricting process, duties, role, or function of the commission. A commissioner who voted
against a redistricting plan may submit a dissenting report, which shall be issued with the
commission's report. The commission must also submit this report to the governor and
publish the report electronically.
new text end

new text begin Sec. 13. new text end

new text begin The commission has the sole legal standing to defend any action regarding a
certified final plans. The commission has sole authority to determine whether the attorney
general or other legal counsel retained by the commission shall represent the commission
and assist in the defense of a certified final plans. The legislature shall provide necessary
funding to defend any action regarding a certified plan.
new text end

new text begin Sec. 14. new text end

new text begin The Minnesota Supreme Court has original and exclusive jurisdiction in all
proceedings in which a certified final map is challenged or is claimed not to have taken
timely effect.
new text end

new text begin Within 45 days after the commission has certified a final map to the secretary of state,
any registered voter in this state may file a petition for a writ of mandate or writ of prohibition
to bar the secretary of state from implementing the plan on the grounds that the filed plan
violates this constitution, the United States Constitution, or any federal or state statute.
new text end

new text begin The Minnesota Supreme Court shall give priority to ruling on a petition for a writ of
mandate or a writ of prohibition filed pursuant to this section. If the court determines that
a final certified map violates this constitution, the United States Constitution, or any federal
or state statute, the court must direct that the commission draft a remedial plan.
new text end

new text begin Sec. 15. new text end

new text begin The commission expires upon the appointment of the subsequent commission
in ordinary course, or ten years after it was constituted. If a court enjoins the use of a plan,
the court must direct that the commission draft a remedial plan in accordance with deadlines
established by the court's order.
new text end

new text begin Sec. 16. new text end

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

new text begin Districts must not be drawn to violate the Fourteenth and Fifteenth Amendments of the
United States Constitution or the Voting Rights Act of 1965, as amended.
new text end

new text begin Districts must not be drawn to intentionally favor or disfavor a candidate or incumbent.
new text end

new text begin Districts must not be drawn using voter registration, voter turnout, voting history, party
preference, including participation in the presidential nominating primary, general election,
voting patterns, primary voting patterns, except for the purposes of verifying the compliance
of maps with the requirements of this section and of issuing the reports required by law;
new text end

new text begin Districts must not be drawn using the location of incumbents' or candidates' residences.
new text end

new text begin Districts must not be drawn using any data regarding the partisan affiliation or possible
partisan affiliation of any voter or group of voters.
new text end

new text begin Districts must not be drawn with the effect of unduly favoring or disfavoring any political
party. Districts shall be subjected to a test of partisan fairness using the standard of
proportionality as the benchmark for fairness. Using four recent statewide elections, any
proposed Congressional or legislative plan must be close to achieving major-party seat share
proportional to the corresponding share of the popular vote in at least three out of the four
contests. The standard of closeness is one seat for Congressional contests and seven
percentage points for legislative contests. If a plan fails to meet this standard, it triggers a
rebuttable presumption of excessive partisan advantage. This may be rebutted if it is
determined that the degree of disproportionality was necessary in order to reasonably balance
the rules and criteria in effect for redistricting.
new text end

new text begin Districts must be drawn in accordance with the principles in this section. If districts
cannot be drawn fully in accordance with the principles, a districting plan must give priority
to those principles in the order in which they are listed, except when doing so would violate
federal law.
new text end

new text begin Each congressional district must be as nearly equal in population as practicable.
new text end

new text begin Each legislative district must be substantially equal in population. The population of a
legislative district must not deviate by more than five percent from the population of the
ideal district.
new text end

new text begin Districts must not be drawn with either the purpose or effect of denying or abridging
the voting rights of any Minnesotan because of race, ethnicity, or membership in a language
minority group.
new text end

new text begin Districts shall be drawn to protect the equal opportunity of racial, ethnic, and language
minorities to participate in the political process and to elect candidates of their choice,
whether alone or in coalition with others.
new text end

new text begin Districts must provide racial minorities and language minorities who constitute less than
a voting-age majority of a district with an equal opportunity to substantially influence the
outcome of an election.
new text end

new text begin A representative district must not be divided in the formation of a senate district.
new text end

new text begin The reservation lands of a federally recognized Native Nation must be preserved to the
extent practicable. Discontiguous portions of a federally recognized Native Nation's
reservation lands must be included in the same district and must not be divided more than
necessary to meet constitutional requirements.
new text end

new text begin Districts must minimize the division of identifiable communities of interest. A community
of interest may include a racial, ethnic, or linguistic group or any group with shared
experiences and concerns, including but not limited to geographic, governmental, regional,
social, cultural, historic, socioeconomic, occupational, trade, environmental, or transportation
interests. Communities of interest shall not include relationships with political parties,
incumbents, or candidates.
new text end

new text begin Each district must be convenient and contiguous. A district is convenient if it allows
reasonable ease of travel within the district. Contiguity by water is sufficient if the water is
not a serious obstacle to travel within the district. A district with areas that touch only at a
point is not contiguous.
new text end

new text begin Districts must minimize the division of counties, cities, and towns, except when (1) the
division occurs because a portion of a city or town is not contiguous with another portion
of the same city or town, or (2) despite the division, the known population of any affected
county, city, or town, remains wholly located within a single district.
new text end

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment must be submitted to the people at the 2024 general election.
The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to establish a citizens' redistricting
commission that is independent of the legislature to draw legislative and congressional
redistricting plans?
new text end

new text begin Yes .
new text end
new text begin No .
new text end
new text begin "
new text end

ARTICLE 2

ENABLING LEGISLATION

Section 1.

new text begin [2A.20] INDEPENDENT CITIZENS' REDISTRICTING COMMISSION.
new text end

new text begin (a) Sections 2A.20 to 2A.25 implement Article XV of the Minnesota Constitution by
establishing the process for the selection and governance of the Independent Citizens'
Redistricting Commission.
new text end

new text begin (b) For purposes of this chapter, the following terms have the meanings given:
new text end

new text begin (1) "commission" means the Independent Citizens' Redistricting Commission;
new text end

new text begin (2) "day" means a calendar day, except that if the final day of a period within which an
act is to be performed is a Saturday, Sunday, or holiday, the period is extended to the next
day that is not a Saturday, Sunday, or holiday; and
new text end

new text begin (3) "panel" means the Applicant Review Panel.
new text end

Sec. 2.

new text begin [2A.21] INDEPENDENT CITIZENS' REDISTRICTING COMMISSION
SELECTION PROCESS.
new text end

new text begin (a) The application and appointment process for members of the commission shall be
the process described in this section, except as otherwise provided by this section.
new text end

new text begin (b) By April 1 of each year ending in zero, the secretary of state shall open a widely
publicized process and circulate applications in a manner that encourages wide public
participation of eligible residents from different regions of the state to apply for membership
on the commission.
new text end

new text begin (c) Applications shall be made available in both electronic and printed forms, in formats
accessible for people with disabilities.
new text end

new text begin (d) Applications must be available in the top three most spoken languages in the state
in addition to English.
new text end

new text begin (e) Applications are public data under chapter 13 and shall be made available on the
secretary of state's website or comparable means of communicating with the public.
Applications must be received by June 1 of the year ending in zero.
new text end

new text begin (f) The secretary of state shall design and provide an application form that must clearly
state the legal obligations and expectations of potential appointees. Information required of
applicants must include but is not limited to:
new text end

new text begin (1) a statement from applicants affirming they meet the requirements of paragraph (i);
new text end

new text begin (2) an oath affirming the applicant submits application under oath declaring the
truthfulness of its contents under penalty of perjury;
new text end

new text begin (3) the applicant's demographic information, including but not limited to gender, race,
ethnicity, and year of birth;
new text end

new text begin (4) the applicant's professional background;
new text end

new text begin (5) the applicant's past experience working with others to build consensus;
new text end

new text begin (6) the applicant's level of understanding about Minnesota communities, neighborhoods,
geographic regions, or demographics across the state;
new text end

new text begin (7) a description of the applicant's past political activity;
new text end

new text begin (8) a list of all political and civic organizations to which the applicant has belonged
within the five years prior to the application;
new text end

new text begin (9) a statement indicating which political party the applicant identifies with, or that the
applicant identifies with no party. For purposes of this clause, identifying with a political
party means that the applicant is in general agreement with the principles of that party; and
new text end

new text begin (10) any other information required to determine eligibility to serve on the commission.
new text end

new text begin (g) The secretary of state must review applications to ensure that they are complete and
that the applicants have signed the oath affirming that the applicant submits the application
under oath declaring the truthfulness of its contents under penalty of perjury. The secretary
of state must forward the completed application of each eligible person to the executive
director of the Legislative Coordinating Commission no later than June 15 of the year ending
in zero.
new text end

new text begin (h) The secretary of state must not forward an application that is incomplete or an
application of a person who has not signed the oath attesting to the accuracy of the
information contained in the application. If the secretary of state does not forward an
application, the secretary of state must notify the applicant that the applicant's application
was not forwarded and the reason why.
new text end

new text begin (i) The Legislative Coordinating Commission's executive director shall remove from
the applicant pool those individuals who do not qualify, including:
new text end

new text begin (1) a person who has not resided in Minnesota for at least one year prior to their
application submission;
new text end

new text begin (2) a current member of the legislature or Congress;
new text end

new text begin (3) a person under contract with, or who has served as a consultant or staff to, or who
has or has had an immediate family relationship with the governor, a member of the
legislature, or a member of Congress during the ten years immediately preceding the date
of application;
new text end

new text begin (4) a person who serves or has served during the ten years immediately preceding the
date of application as a public official, as defined in section 10A.01, subdivision 35, clauses
(1) to (5), (12), (13), (16), (26), and (27); and
new text end

new text begin (5) a person, or member of the person's immediate family, who during the ten years
immediately preceding the date of application has:
new text end

new text begin (i) been appointed to, elected to, or been a candidate for federal or state office;
new text end

new text begin (ii) served as an officer, employee, contractor, or paid consultant of a political party or
of the campaign committee of a candidate for elective federal or state office;
new text end

new text begin (iii) served as an elected or appointed member of a political party state committee, as
defined by section 10A.01, subdivision 36, or a delegate to a national convention of a
political party;
new text end

new text begin (iv) registered as a lobbyist, registrant, or client with the federal government under the
Lobbying Disclosure Act of 1995, as amended or as a state lobbyist or principal with the
Campaign Finance and Public Disclosure Board under chapter 10A;
new text end

new text begin (v) served as paid congressional or legislative staff; or
new text end

new text begin (vi) been found by the Campaign Finance and Public Disclosure Board to have violated
section 10A.27.
new text end

new text begin (j) After serving on the commission, commissioners must not campaign for elective
office or actively participate in or contribute to a political campaign nor run for state or
local political office for a period of up to ten years after the commission expires.
new text end

new text begin (k) For the purposes of this subdivision, a member of a person's immediate family means
a sibling, spouse, parent, including half, step, and in-law relationships.
new text end

new text begin (l) No later than June 1 of the year ending in zero, the Legislative Coordinating
Commission executive director shall form a Redistricting Advisory Group consisting of the
executive directors of the Minnesota Latino Affairs Council, Council for Minnesotans of
African Heritage, Minnesota Indian Affairs Council, the Council on Asian Pacific
Minnesotans, the Council on LGBTQIA2S+ Minnesotans, Minnesota Youth Council, the
Minnesota Council on Disabilities, and Minnesota Commission of Deaf, Deafblind and
Hard of Hearing. The Redistricting Advisory Group shall serve as advisors to the Legislative
Coordinating Commission executive director in the process described in paragraphs (m),
(n), and (r), and to the Redistricting Commission in the processes in section 2A.23,
subdivision 1, paragraph (i). The Redistricting Advisory Group shall serve as advisors to
the Legislative Coordinating Commission executive director to foster diversity of applicant
pools throughout the process, and in their role as experts on matters pertaining to their
respective communities in advising the commission. Members of the Redistricting Advisory
Group are expected to participate in a nonpartisan manner and serve without predisposition
or bias on issues related to the state's representation for redistricting boundaries. However,
it is not intended that formulas or specific ratios be applied for this purpose. The process
and criteria for determining if additional entities not listed in this paragraph should be added
shall be determined by the commission during the creation of its own rules and order.
new text end

new text begin (m) By June 15 of the year ending in zero, the Legislative Coordinating Commission
executive director shall establish an Applicant Interview Panel, consisting of four randomly
selected legislative members of the Legislative Coordinating Commission and the
Redistricting Advisory Group, that is responsible for interviewing selected applicants. The
Legislative Coordinating Commission legislative members shall consist of one member of
the house of representatives majority party, one member of the house of representatives
minority party, one member of the senate majority party, and one member of the senate
minority party sitting on the Legislative Coordinating Commission. If any of the legislative
members are unable to serve on the Applicant Review Panel, the Legislative Coordinating
Commission executive director shall replace that member by randomly drawing from that
member's chamber and party sitting on the Legislative Coordinating Commission. The
members of the panel shall not communicate with any senator, member of the house of
representatives, congressional member, their representatives, or any representative of a
political party about any matter related to the nomination process or applicants prior to the
presentation by the panel of the pool of recommended applicants to the Secretary of the
Minnesota Senate and the Chief Clerk of the Minnesota House of Representatives.
new text end

new text begin (n) By July 1 of the year ending in zero, the Legislative Coordinating Commission
executive director, in consultation with the Redistricting Advisory Group, must identify
three applicant pools: one pool of 20 applicants identifying with the largest political party
in the state; one pool of 20 applicants identifying with the second largest political party in
the state; and one pool of 20 applicants identifying with no political party or a political party
that is not the largest or second largest political party in the state. Selections must be based
on a review of each applicant's relevant analytical skills, the applicant's ability to be impartial,
and the applicant's ability to promote consensus on the commission and appreciation for
Minnesota's diverse demographics, communities, and geography as documented in the
application. To the extent practicable, the process implemented by the executive director
must ensure that each applicant pool reflects the gender, socioeconomic, age, racial, language,
ethnic, and geographic diversity of the state. Each congressional district must be represented
by at least two applicants in each applicant pool.
new text end

new text begin (o) If there is an insufficient number of available applicants to select a 20-applicant pool,
then the pool consists of only those applicants who did meet the requirements.
new text end

new text begin (p) By July 1 of the year ending in zero, the Legislative Coordinating Commission
executive director shall convene the Applicant Interview Panel and begin the interview
process.
new text end

new text begin (q) The role of the Applicant Interview Panel is to work with the Legislative Coordinating
Commission's executive director in conducting applicant interviews, and design an objective
rating system to assess and measure applicants' relevant analytical skills, the ability to be
impartial, and the ability to promote consensus on the commission and appreciation for
Minnesota's diverse demographics, communities, and geography as documented in the
application. Interviews of the commission applicants shall be complete by August 1 of the
year ending in zero.
new text end

new text begin (r) No later than August 8 of the year ending in zero, the Legislative Coordinating
Commission executive director shall have ranked the applicants in each pool from one to
20 based on the applicant interviews and applications. The final pool of applicants must
consist of the top candidates scored from each of the following: top ten ranked who identify
with the largest political party in the state, top ten ranked identifying with the second largest
political party in the state, and top ten ranked identifying with no political party or with a
political party that is not the largest or second largest registered with the largest political
party in Minnesota. The Legislative Coordinating Commission executive director must
consult with the Redistricting Advisory Group to ensure the selected applicants reflect the
diversity as to gender, socioeconomic, age, racial, language, ethnic, and geographic diversity
of the state as is practicable.
new text end

new text begin (s) No later than August 15 in each year ending in the number zero, the names for the
final pool of applicants shall be selected by lot drawn by the executive director from the
list of top ten applicants as follows: three identifying with the largest political party in the
state, three identifying with the second largest political party in the state, and three identifying
with no political party or with a political party that is not the largest or second largest
registered with the largest political party in Minnesota. These nine individuals shall serve
on the Independent Citizens' Redistricting Commission.
new text end

new text begin (t) No later than September 1 in each year ending in the number zero, the nine
commissioners shall convene and assess its demographic and geographic diversity of the
nine members and must review and select six more applicants from the remaining top ten
applicants as follows: two from the remaining subpool of applicants identifying with the
largest political party in Minnesota, two from the remaining subpool of applicants identifying
with the second largest political party in Minnesota, and two from the remaining subpool
of applicants identifying with no political party or with a political party that is not the largest
or second largest registered with the largest political party in Minnesota. The six appointees
must be approved by at least two-thirds affirmative votes, which must include at least two
votes of commissioners registered from each of the two largest parties and one vote from
a commissioner who is not affiliated with either of the two largest political parties in
Minnesota. The six appointees shall be chosen to ensure the commission reflects this state's
diversity, including but not limited to racial, ethnic, geographic, and gender diversity. It is
not intended that formulas or specific ratios be applied for this purpose.
new text end

new text begin (u) Before serving on the Independent Citizens' Redistricting Commission, every
commissioner 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

Sec. 3.

new text begin [2A.22] REMOVAL; FILLING VACANCIES.
new text end

new text begin (a) Each commissioner shall serve for the entire term of the commission unless the
commissioner is removed or otherwise vacates the office.
new text end

new text begin (b) A commissioner's position on the commission is deemed vacant if the commissioner,
having been appointed as a registered elector who is not affiliated with a political party,
affiliates with a political party before the commission has approved a plan pursuant to section
2A.23, subdivision 21. A commissioner's position on the commission is deemed vacant if
the commissioner, having been affiliated with one of the state's two largest political parties
at the time of appointment, affiliates with a different political party or becomes unaffiliated
with any political party before the commission has approved a plan pursuant to section
2A.23, subdivision 21.
new text end

new text begin (c) Removal of an officer from their officer position requires a two-thirds affirmative
vote with at least one commissioner identifying with the largest political party in the state,
one commissioner identifying with the second largest political party in the state, and one
commissioner identifying with no political party or with a political party that is not the
largest or second largest in the state.
new text end

new text begin (d) Removal of a member takes place immediately after a finding by the chair and must
be by a two-thirds affirmative vote of all members of the commission, including at least
one member identifying with the largest political party in the state, one member identifying
with the second largest political party in the state, and one member identifying with no
political party or with a political party that is not the largest or second largest in the state.
If the basis for the commissioner's removal is the commissioner's refusal to vote as part of
a collective effort to disrupt the process or vote of the commission, that member or members
may be removed after a finding by the chair as described in this section and a two-thirds
vote of those commissioners present.
new text end

new text begin (e) After notice and a hearing, the commission may also remove a commissioner for
malfeasance or nonfeasance during the term of service in the performance of the duties of
the redistricting commission, or for missing three consecutive meetings. After the second
consecutive missed meeting and before the next meeting, the chair or a designee must notify
the commissioner in writing that the member may be removed for missing the next meeting.
The definitions in section 211C.01 apply to this subdivision.
new text end

new text begin (f) The chair must submit a written notice to the Legislative Coordinating Commission
executive director, stating the grounds another member's office should be declared vacant.
This written notice shall: (1) be dated and signed; and (2) provide a detailed factual basis
in support of the allegations causing the removal of another member. The factual basis shall
include the specific facts and factual foundation on which the removal is based. Supporting
documentation, if any, shall be included.
new text end

new text begin (g) Any vacancy on the commission, including one that occurs due to death, mental
incapacity, resignation, criminal conviction of a serious crime, removal, failure to meet the
qualifications of appointment, refusal or inability to accept an appointment, or having been
found to have participated in a communication prohibited by law must be filled as soon as
possible, but no later than seven days, by the Legislative Coordinating Commission executive
director from the designated pool of eligible applicants for that commissioner's position and
in the same manner as the originally chosen commissioner. No commissioner chosen to fill
a vacancy would be bypassed for appointment if all congressional districts are represented
by at least one commissioner. If no remaining finalists are available for service, the secretary
of state shall open the application process again and the executive director of the Legislative
Coordinating Commission shall establish a new list of applicants.
new text end

Sec. 4.

new text begin [2A.23] PERFORMANCE OF DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin (a) Each commissioner shall perform their duties in a manner
that is impartial and reinforces public confidence in the integrity of the redistricting process.
Each commissioner shall: (1) attend nonpartisan redistricting training held by a nationally
recognized nonpartisan organization; and (2) attend training on the Minnesota Data Practice
Act and Open Meetings Act. In addition to other duties prescribed by law, the commission
shall determine its own rules and order. Within ten weeks of being established, the
commission must adopt administrative rules to govern the commission's process. The rules
must be adopted at an open meeting, with advance notice of the meeting, and members of
the public were provided with an opportunity to provide comment on the policy. Rules
adopted under this subdivision are not subject to chapter 14 or section 14.386.
new text end

new text begin (b) A member who has a conflict of interest between personal interests and the public
interest in the role of a commission member in the process of securing staff, consultants,
general counsel, or any other professional services shall fully disclose the nature of the
conflict to the commission in writing soon as they have learned of the potential conflict of
interest. A commissioner shall disclose the presence of a conflict of interest or raise a
potential conflict of interest when the agenda item is called, prior to the start of discussion
or deliberation. Should a conflict of interest become clear during the discussion, the
commissioner may seek the opinion of the general counsel whether a conflict exists. This
opinion shall not be binding on the commission.
new text end

new text begin (c) The commission shall decide, by a majority vote of commissioners present, whether
a conflict of interest exists. A vote may be tabled, if necessary, to obtain the opinion of the
general counsel if not present.
new text end

new text begin (d) A member who has a conflict or potential conflict of interest, either on an issue being
discussed or in the procurement of staff, consultants, general counsel, or any other
professional services, shall not participate in the discussion or deliberation or vote upon
any matter regarding procurement of those professional services.
new text end

new text begin (e) The commission shall adopt procedures and rules to carry out its responsibilities
under this chapter and other applicable law, including the procurement of professional
services, such as general counsel and other subject matter expert staff. Adoption of procedures
and rules under this subdivision is not subject to chapter 14 or section 14.386.
new text end

new text begin (f) The commission shall act as the recipient of the final redistricting data and other
redistricting files from the United States Census Bureau.
new text end

new text begin (g) The commission is subject to chapter 13 and section 138.17.
new text end

new text begin (h) The commission is subject to chapter 13D.
new text end

new text begin (i) The commission must work with the Redistricting Advisory Group to host a minimum
of eight community informational town halls across the state, allowing for basic information
regarding the role of the commission, how commission members were selected, and the
basics of redistricting.
new text end

new text begin (j) The commission must provide public notice at least ten business days in advance of
any public meeting or public hearing. The notice and agenda must be posted on the
commission's website and published in local news sources and on social media. The public
notice shall also be disseminated leveraging social media, media frequently used by
disenfranchised Minnesotans, or other community-based communication channels. The
commission may also partner with community-based nonpartisan organizations in an effort
to more widely disseminate the notice to directly impacted communities. The notice and
agenda must be provided in all languages required for voting materials under section
204B.295, or the federal Voting Rights Act of 1965, United States Code, title 52, section
10503.
new text end

new text begin (k) The commission must publish a draft agenda at least seven days before each public
meeting or hearing.
new text end

new text begin (l) The commission must prepare and publish a report no later than ten weeks after all
members of the commission are appointed that describes the commission's general priorities
and intentions for utilizing redistricting criteria in its decision-making process, including a
discussion on how the commission will balance competing requirements. The commission
must make this report electronically available before any public meeting or hearing. The
report shall be provided in all languages required for voting materials under section 204B.295,
or the federal Voting Rights Act of 1965, United States Code, title 52, section 10503.
new text end

new text begin (m) The commission must adopt a schedule for interested persons to submit proposed
plans and to respond to plans proposed by others. The redistricting commission shall also
adopt standards to govern the format of plans submitted. Adoption of the schedule and
standards under this subdivision is not subject to chapter 14 or section 14.386. The
redistricting commission must post submitted plans to its website as soon as practicable.
new text end

new text begin (n) Consistent with other requirements of this chapter, the commission must provide
direction to commission staff on drawing maps.
new text end

new text begin (o) Consistent with other requirements of this chapter, the commission must review and
direct modifications of maps to commission staff.
new text end

new text begin (p) The commission must prepare and publish reports on the following:
new text end

new text begin (1) all plans discussed by the full commission, including all publicly submitted plans
and draft plans;
new text end

new text begin (2) a summary of all public input received in each comment period;
new text end

new text begin (3) a summary of the data the commission used to create those plans;
new text end

new text begin (4) analysis of the maps using redistricting metrics;
new text end

new text begin (5) a written explanation if an alternate plan furthers constitutional and statutory
redistricting criteria more than the final plan selected by the redistricting commission; and
new text end

new text begin (6) any other information that provides the basis on which the redistricting commission
made decisions to achieve compliance with constitutional and statutory requirements.
new text end

new text begin (q) The commission must make reasonable efforts to schedule hearings in the evenings,
on weekends, and at other times that most residents in that region are able to attend.
new text end

new text begin (r) The commission must, whenever possible, use technology that allows for real-time
virtual participation and feedback for all hearings. All audiovisual recordings of commission
public meetings and public hearings must be maintained on the commission's website
indefinitely.
new text end

new text begin (s) The commission must make available translation and interpreter services for
limited-English-speaking individuals and those needing accommodations in compliance
with the Americans with Disabilities Act. The redistricting commission may contract with
an entity that provides interpreter services through telephonic and video remote technologies.
new text end

new text begin (t) The commission must provide notices of the availability of both plans and reports in
all languages required for voting materials under the federal Voting Rights Act of 1964,
United States Code, title 52, section 10503, and as required for compliance with the
Americans with Disabilities Act for each congressional district.
new text end

new text begin Subd. 2. new text end

new text begin Rules of order. new text end

new text begin Commission meetings shall be conducted according to the
current edition of Robert's Rules of Order, Newly Revised, subject to any procedures to the
contrary set forth in this section, applicable law, or other rules adopted by the commission.
new text end

new text begin Subd. 3. new text end

new text begin Quorum. new text end

new text begin (a) A quorum must be present to conduct the business of the
commission meetings and hold public hearings. The quorum shall consist of ten members,
including at least one member affiliated with each of the major parties and one nonaffiliated
member.
new text end

new text begin (b) If there is not a quorum due to a collective effort by one or more commissioners to
disrupt the work, process, or vote of the commission, a quorum consists of the majority of
commissioners. The requirement for at least one member from each majority party and one
nonaffiliated member is not applicable under this circumstance.
new text end

new text begin Subd. 4. new text end

new text begin Minutes. new text end

new text begin Minutes of all meetings, including votes on all official actions taken
at those meetings, shall be kept by the Legislative Coordinating Commission. All decisions
of the commission shall be recorded, and the record of its decisions shall be readily available
to any member of the public as required by law and shall be provided without charge.
new text end

new text begin Subd. 5. new text end

new text begin Journal of proceedings. new text end

new text begin An account of all proceedings and the public record
of the commission shall be kept by the Legislative Coordinating Commission and shall
constitute the official record of the commission.
new text end

new text begin Subd. 6. new text end

new text begin Right of floor. new text end

new text begin Any member desiring to speak shall be recognized by the chair,
or vice-chair when the chair is not present, and shall confine their remarks to the subject
under consideration or to be considered.
new text end

new text begin Subd. 7. new text end

new text begin Right to general counsel. new text end

new text begin (a) The commission has a right to retain general
counsel with an expertise in election laws and voting rights. The general counsel of the
commission shall attend all meetings of the commission unless excused. The general counsel
shall, upon request, give an opinion, either written or oral, on questions of law. The general
counsel may make recommendations to the commission and shall have the right to take part
in all public discussions of the commission, but shall have no vote. The general counsel
shall act as parliamentarian of the commission and serve as its designated Data Practices
Act responsible authority in lieu of the Legislative Coordinating Commission's executive
director.
new text end

new text begin (b) The retention of general counsel shall not substitute for the retention of other experts
by the commission, such as counsel with expertise in voting and elections, including the
Voting Rights Act of 1965, as amended.
new text end

new text begin (c) The commission has sole authority to determine whether the attorney general or other
legal counsel retained by the commission shall represent the commission and assist in the
defense of a certified final map.
new text end

new text begin Subd. 8. new text end

new text begin Voting. new text end

new text begin Except as otherwise provided in these rules or by law, administrative
actions including calling to order, adjourning, scheduling hearings, and other such actions
shall require the approval of a majority of commissioners entitled to vote. A vote is required
for the following actions:
new text end

new text begin (1) a majority of the appointed commissioners may approve rules and procedural
decisions;
new text end

new text begin (2) election of the chair and vice-chair requires the affirmative vote of the majority with
at least one commissioner identifying with the largest political party in the state, one
identifying with the second largest political party in the state, and one identifying with no
political party or with a political party that is not the largest or second largest in the state;
and
new text end

new text begin (3) adoption of the final plan, which requires a two-thirds affirmative vote with at least
one commissioner identifying with the largest political party in the state, one commissioner
identifying with the second largest political party in the state, and one commissioner
identifying with no political party or with a political party that is not the largest or second
largest in the state.
new text end

new text begin Subd. 9. new text end

new text begin Duty to vote; abstaining. new text end

new text begin (a) A commissioner present at a meeting shall vote
on every matter before the commission, unless otherwise excused or prohibited from voting.
new text end

new text begin (b) A commissioner may abstain from voting if the commissioner:
new text end

new text begin (1) has a conflict of interest, as set forth in this section or as defined by law; or
new text end

new text begin (2) lacks sufficient information about the issue to be decided. If a commissioner abstains,
they shall state for the record their intention to abstain and the reasons for doing so prior to
the vote. The abstaining commissioner shall not be restricted or prohibited from participating
in any discussion or debate on the issue.
new text end

new text begin (c) If any commissioner abstains from voting, a roll call vote shall be required on that
issue. The reasons, pursuant to paragraph (b), clause (1) or (2), for the abstention shall be
entered into the minutes of the meeting at which the vote is taken and be part of the official
record.
new text end

new text begin (d) The right to vote is limited to the commissioners present at the time the vote is taken.
Voting by proxy is prohibited.
new text end

new text begin (e) All votes must be held and determined in public. Secret ballots are prohibited.
new text end

new text begin (f) Prior to calling for a vote, the chair shall state the question being voted upon.
new text end

new text begin Subd. 10. new text end

new text begin Manner of voting. new text end

new text begin Except as otherwise provided in these rules or by law,
voting shall be by a two-thirds affirmative vote using voice vote, roll call, or show of hands.
Roll call votes shall be taken when required in these rules or by law, at the request of any
commissioner, or when the chair cannot determine the results of a voice vote.
new text end

new text begin Subd. 11. new text end

new text begin Chair and vice-chair. new text end

new text begin (a) The commission must elect a chair and vice-chair
from among its members by a majority vote, including at least one vote from a member
identifying with the largest political party in the state, one vote from a member identifying
with the second largest political party in the state, and one vote from a member identifying
with no political party or with a political party that is not the largest or second largest in the
state. The chair and vice-chair shall not self-identify as belonging to the same political party.
new text end

new text begin (b) The nomination and election of chair occurs first and vice-chair occurs second.
new text end

new text begin (c) All candidates must be given an equal amount of time to speak in support of their
candidacy, to be followed by a period of questions and answers.
new text end

new text begin (d) The chair shall:
new text end

new text begin (1) call to order and preside at all meetings;
new text end

new text begin (2) preserve order and decorum and may speak to points of order in preference to other
commissioners;
new text end

new text begin (3) decide all questions arising under parliamentary authority in consultation with the
general counsel, subject to appeal and reversal by a majority of the commissioners present;
new text end

new text begin (4) enforce rules of procedure;
new text end

new text begin (5) perform any other administrative or agenda duties as directed by the commission;
new text end

new text begin (6) have all the same rights as other commissioners with respect to procedural matters,
debate, and voting, except that the chair shall not vote on the appeal of a parliamentary
ruling by the chair;
new text end

new text begin (7) approve expenditures associated with the commission for any individual expenditure
in excess of $5,000;
new text end

new text begin (8) when both chair and vice-chair are absent, the chair may designate another of its
commissioners to serve as acting chair during such absence or disability; and
new text end

new text begin (9) establish committees and subcommittees by a majority vote of the commission with
the support of at least one member identifying with the largest political party in the state,
one member identifying with the second largest political party in the state, and one
unaffiliated member.
new text end

new text begin (e) The vice-chair shall perform the duties of the chair when the chair is unavailable,
except as otherwise provided by law. The vice-chair shall act in the capacity of the chair in
the chair's absence. The vice-chair shall help facilitate group discussion on items before the
commission. The vice-chair is responsible for other duties as designated by the chair.
new text end

new text begin Subd. 12. new text end

new text begin Secretary. new text end

new text begin (a) The Legislative Coordinating Commission executive director,
or their designee, in a nonpartisan capacity, is secretary to the commission without vote,
and in that capacity must keep the official record of all proceedings of the commission and
furnish, under the direction of the commission, all technical services that the commission
deems necessary. The duties of the secretary include:
new text end

new text begin (1) facilitating the process for the selection of commissioners pursuant to section 2A.21,
paragraphs (l) to (t);
new text end

new text begin (2) issuing a call convening the commission by September 1 in the year of the federal
decennial census;
new text end

new text begin (3) publishing the redistricting plan for each type of district within 30 days of the adoption
of the plan. This publication shall include the plan and the material reports, reference
materials, and data used in drawing it, including any programming information used to
produce and test the plan. The published materials shall be such that an independent person
is able to replicate the conclusion without any modification of any of the published materials;
new text end

new text begin (4) maintaining a public record of all proceedings of the commission and shall publish
and distribute each plan and required documentation; and
new text end

new text begin (5) taking and maintaining minutes of all commission meetings including votes on all
official actions taken at those meetings. All decisions of the commission shall be recorded,
and the record of its decisions shall be readily available to any member of the public as
required by law and shall be provided without charge.
new text end

new text begin Subd. 13. new text end

new text begin Orientation and training. new text end

new text begin (a) Orientation and training for commissioners
shall be coordinated by the Legislative Coordinating Commission.
new text end

new text begin (b) Commissioners shall receive orientation, continuing education, and training on the
purposes and activities of the commission. Information may be presented in a manner most
convenient or useful to the commission including the use of interactive or subject-matter
expert presentations. Training should include insights from other states operating under
independent citizens redistricting commissions.
new text end

new text begin (c) Orientation shall be coordinated by nonpartisan Legislative Coordinating Commission
staff and must be completed within four weeks of the commission being formed.
new text end

new text begin Subd. 14. new text end

new text begin Employment of personnel. new text end

new text begin The commission shall be compensated as
prescribed in law. The Legislative Coordinating Commission must provide the commission
with the services of nonpartisan experts, consultants, and support staff, as necessary to carry
out its duties pursuant to this section.
new text end

new text begin Subd. 15. new text end

new text begin Public hearings in diverse state regions. new text end

new text begin (a) Prior to adopting a legislative
or congressional district plan, the commission must hold a minimum of 24 public hearings
in different regions throughout the state, including at least 12 hearings in Greater Minnesota.
new text end

new text begin (b) By April 1 of each year ending in one, at least eight public hearings must be held in
diverse regions of the state to include southern Minnesota, central Minnesota, Northern
Minnesota, and the Twin Cities Metro Area, before adopting preliminary drafts of legislative
or congressional district plans. The primary purpose of this first set of public hearings in
different regions of Minnesota is to request advice on how to define communities of interest
and to provide an opportunity for public testimony from residents of that district. The
commission must make reasonable efforts to schedule hearings in the evenings, on weekends,
and at other times that most residents from that region are able to attend.
new text end

new text begin (c) After completing the first round of public hearings to get public input on communities
of interest, the commission must publish on its website preliminary drafts of the legislative
and congressional district plans. The commission also must publish the reports for each
preliminary draft prior to hearings. The redistricting commission must allow the public at
least 14 days to submit comments to the commission after publication. After those fourteen
days, the redistricting commission must then hold at least two additional public hearings to
allow for open public input and comment. Nonpartisan GIS experts, consultants, and support
staff shall be present to hear and consider public comment on the proposed plans. The
commission may require its general counsel with experience and expertise in voting and
elections law also to attend.
new text end

new text begin (d) The commission must allow the public to submit written testimony prior to a hearing
and make copies of that testimony available to all commissioners and the public prior to
and at the public hearings.
new text end

new text begin Subd. 16. new text end

new text begin Internal communications. new text end

new text begin (a) The commission may designate one or more
commission staff to communicate with commissioners regarding administrative matters and
may define the scope of the permitted communication. The designation must be announced
at the next public hearing following the designation.
new text end

new text begin (b) A commissioner must not direct, request, suggest, or recommend to staff an
interpretation of a districting principle or a change to a district boundary, except during an
open meeting of the commission.
new text end

new text begin (c) Communication between retained counsel and members of the commission or the
designated commission staff does not violate the provisions of this section.
new text end

new text begin Subd. 17. new text end

new text begin External communications. new text end

new text begin (a) Except as provided in paragraph (b),
commissioners and staff must not communicate with anyone outside the commission
regarding the content of a plan, except at an open meeting of the commission or when
soliciting or receiving written communications regarding a plan that is the subject of a public
hearing.
new text end

new text begin (b) The following external communications are expressly permitted:
new text end

new text begin (1) a communication of general information about the commission, proceedings of the
commission, or redistricting, including questions or requests for information and responses
to or from commission staff;
new text end

new text begin (2) testimony or documents submitted by a person for use at a public hearing;
new text end

new text begin (3) reports required under the Minnesota Constitution, article XV; and
new text end

new text begin (4) a communication required by chapter 13 or 13D.
new text end

new text begin Subd. 18. new text end

new text begin Prohibitions on gifts and gratuities. new text end

new text begin The commission, individual
commissioners, staff, general counsel, experts, and consultants may not directly or indirectly
solicit or accept any gift or loan of money, goods, services, or other thing of value greater
than $5 for the benefit of any person or organization that may influence the manner in which
the individual commissioner, staff, attorney, expert, or consultant performs their duties.
new text end

new text begin Subd. 19. new text end

new text begin Reports of improper activity. new text end

new text begin (a) Commission staff shall report to the
commission any attempt to exert improper influence over the staff in drafting plans.
new text end

new text begin (b) A commissioner or commission staff shall report to the commission chair and
vice-chair any prohibited communication. The report must include a copy of a written
communication or a written summary of an oral communication.
new text end

new text begin (c) A report under this subdivision must be made no later than three business days after
the attempt to exert improper influence or the prohibited communication, or before the next
meeting of the commission, whichever is earlier. If special circumstances make this
requirement impracticable, the report must be made at the following meeting of the
commission.
new text end

new text begin Subd. 20. new text end

new text begin Data used. new text end

new text begin (a) The commission shall use census data representing the entire
population of Minnesota to draw congressional and legislative districts, except when required
by law or for the purposes of drawing districts in compliance with this section and of issuing
the reports required by section 2A.24. The commission may consider demographic trend
data provided by the state of Minnesota. The commission may consider relevant election
data only when required by federal law or for the purposes of drawing districts in compliance
with prohibitions against racial discrimination and requirements for partisan fairness in the
Minnesota Constitution, Article XV, and for issuing reports required by section 2A.24.
new text end

new text begin (b) The redistricting commission shall use population data that reflects incarcerated
persons at their last known residence before incarceration.
new text end

new text begin Subd. 21. new text end

new text begin Deadlines. new text end

new text begin (a) After completing the public hearings required by subdivision
15 but by September 15 of each year ending in one, the commission must approve three
redistricting plans, one for the house of representatives, one for the senate, and one for the
state congressional districts. The chair of the commission must file the plans with the
secretary of state within 30 days of approval and must publish approved plans and its reports
as outlined in the Minnesota Constitution, article XV, section 12, to the commission's
website. Each plan must be accompanied by a report summarizing information and testimony
received by the redistricting commission in the course of the hearings and include any
comments and conclusions the redistricting commission deems appropriate on the information
and testimony received at the hearings or otherwise presented.
new text end

new text begin (b) Final approval of all plans, whether enacted by the commission or as provided by
court order, must take place no later than the date provided in section 204B.14, subdivision
1a.
new text end

new text begin (c) If the commission cannot reach an agreement on a plan for any reason, the commission
shall use the following procedure to adopt a plan for that type of district:
new text end

new text begin (1) each commissioner may submit one proposed plan for each type of district to the
full commission for consideration;
new text end

new text begin (2) each commissioner shall rank the plans submitted according to preference. Each plan
shall be assigned a point value inverse to its ranking among the number of choices, giving
the lowest ranked plan one point and the highest ranked plan a point value equal to the
number of plans submitted; and
new text end

new text begin (3) the commission shall adopt the plan receiving the highest total points that is also
ranked among the top half of plans by at least two commissioners not affiliated with the
party of the commissioner submitting the plan or, in the case of a plan submitted by
nonaffiliated commissioners, is ranked among the top half of plans by at least two
commissioners affiliated with a major party. If two or more plans are tied for the highest
point total, the final plan must be selected by lot from those plans.
new text end

new text begin (d) The constitutionally established redistricting commission must complete its activity
by November 1 each year ending in one unless directed otherwise by a reviewing court in
a legal challenge to the constitutionality of the certified redistricting plans. The redistricting
plan becomes effective for the following state general election upon filing with the secretary
of state.
new text end

new text begin Subd. 22. new text end

new text begin Activity and evaluation report. new text end

new text begin Within 30 days of the adoption of a plan by
the commission or a court order establishing both a legislative plan and a congressional
plan, the redistricting commission must submit a report to the chief clerk of the house of
representatives and the secretary of the senate. At a minimum, the report must include a
summary of the commission's work, the information required in the Minnesota Constitution,
article XV, section 10, and any recommended changes to laws affecting the redistricting
process, duties, role, or function of the commission. The report must also inform the
legislature if the commission determines that funds or other resources provided for the
operation of the commission were inadequate. A commissioner who voted against a
redistricting plan may submit a dissenting report which shall be issued with the commission's
report. The commission must also submit this report to the governor and publish the report
on its website.
new text end

new text begin Subd. 23. new text end

new text begin Criminal liability as public officers. new text end

new text begin Members of the commission exercise
the functions of a public officer for the purposes of sections 609.415 to 609.4751.
new text end

new text begin Subd. 24. new text end

new text begin Data. new text end

new text begin The commission is subject to chapter 13, except that a plan is not public
data until it has been submitted to the commission for its consideration.
new text end

new text begin Subd. 25. new text end

new text begin Lobbyist registration. new text end

new text begin Action by the commission is administrative action for
the purposes of section 10A.01, subdivisions 2 and 21.
new text end

new text begin Subd. 26. new text end

new text begin Expiration. new text end

new text begin (a) The commission expires upon the appointment of the
subsequent commission in ordinary course, or ten years after it was constituted.
new text end

new text begin (b) If a court enjoins the use of a plan, the court enjoining the plan must direct the
commission to draft a remedial plan in accordance with deadlines established by the court's
order.
new text end

Sec. 5.

new text begin [2A.24] LEGISLATIVE COORDINATING COMMISSION;
REDISTRICTING.
new text end

new text begin Subdivision 1. new text end

new text begin Administrative and professional support. new text end

new text begin The Legislative Coordinating
Commission shall provide administrative, professional, and support services to the
commission established in section 2A.20. The responsibilities assigned to the Legislative
Coordinating Commission executive director may be implemented through a process or
delegation to an individual responsible to the executive director to carry out the assigned
activities.
new text end

new text begin Subd. 2. new text end

new text begin Data used. new text end

new text begin (a) The geographic areas and population counts used in maps, tables,
and legal descriptions of legislative and congressional districts considered by the legislature
and the redistricting commission must be those used by the GIS Office. 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 (b) Nothing in this subdivision prohibits the use of additional data, except as provided
by sections 2A.21 and 2A.23.
new text end

new text begin (c) The GIS Office must make this data available to the public on the GIS Office's
website.
new text end

new text begin Subd. 3. new text end

new text begin Publication; consideration of plans. new text end

new text begin A plan must not be finalized until the
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. The GIS Office shall publish each plan submitted to it on the GIS
Office website.
new text end

new text begin Subd. 4. new text end

new text begin Reports. new text end

new text begin Publication of a plan shall include the reports described as follows:
new text end

new text begin (1) a population equality report that lists each district in the plan, its population as the
total number of persons, and deviations from the ideal as both the number of persons and
as a percentage of the population. The report must also show the populations of the largest
and smallest districts and the overall range of deviations of districts;
new text end

new text begin (2) a minority voting-age population report that lists for each district the voting age
population of each racial, ethnic, or language minority and the total minority voting age
population, according to the categories recommended by the United States Department of
Justice. The report must also specify each district with 30 percent or more total minority
population;
new text end

new text begin (3) a contiguity report that lists each district that is noncontiguous either because two
areas of a district do not touch or because they are linked by a point;
new text end

new text begin (4) if a plan preserves a community of interest, a communities of interest report that
includes maps of the plan with a layer identifying the census blocks within each preserved
community of interest and includes a description of the research process used to identify
each community of interest. The report must also list each district to which a community
of interest has been assigned, the number of communities of interest that are split, and the
number of times communities of interest were split;
new text end

new text begin (5) a political subdivision and Native Nation reservation splits report that lists each split
of a county, city, township, federally recognized Native Nation reservation, unorganized
territory, and precinct, and the district to which each portion of a split division is assigned.
The report also must show the number of subdivisions split and the number of times a
subdivision is split;
new text end

new text begin (6) a plan components report that lists for each district the names and populations of the
counties within it and, if a county is split between or among districts, the names and
populations of the portion of the split county and each of the split county's whole or partial
cities, townships, unorganized territories, and precincts within each district;
new text end

new text begin (7) a measures of compactness report that lists for each district the results of the multiple
measures of compactness, including but not limited to Reock, Polsby-Popper, Minimum
Convex Hull, Population Polygon, Population Circle, Ehrenburg, Perimeter, and
Length-Width measures. The report must also state for each district the sum of the district's
perimeter and the mean of the measurements. The report may list additional tests of
compactness that are accepted in political science and statistics literature; and
new text end

new text begin (8) a partisanship report that lists multiple measures of partisan symmetry. The report
may list additional tests of partisan bias that are accepted in political science and statistics
literature.
new text end

Sec. 6.

new text begin [2A.25] REDISTRICTING PRINCIPLES.
new text end

new text begin Subdivision 1. new text end

new text begin Districting principles. new text end

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

new text begin Subd. 2. new text end

new text begin Prohibitions new text end

new text begin (a) Districts must not be drawn to violate the Fourteenth and
Fifteenth Amendments of the United States Constitution or the Voting Rights Act of 1965,
as amended.
new text end

new text begin (b) Districts must not be drawn to purposefully favor or disfavor a candidate or incumbent.
new text end

new text begin (c) Districts must not be drawn using voter registration, voter turnout, voting history, or
party preference, including participation in the presidential nominating primary, general
election, voting patterns, and primary voting patterns, except for the purposes of verifying
the compliance of maps with the requirements of this section and of issuing the reports
required by section 2A.23;
new text end

new text begin (d) Districts must not be drawn using the location of incumbents' or candidates' residences.
new text end

new text begin (e) Districts must not be drawn using data subject to reporting or regulation under chapter
10A; section 201.091, subdivision 4a; United States Code, title 52, subtitle III; or under
United States Code, title 26, subtitle H.
new text end

new text begin (f) Districts must not be drawn with the effect of unduly favoring or disfavoring any
political party. Districts shall be subjected to a test of partisan fairness using the standard
of proportionality as the benchmark for fairness. Using four recent statewide elections, any
proposed Congressional or legislative plan must be close to achieving major-party seat share
proportional to the corresponding share of the popular vote in at least three out of the four
contests. The standard of closeness is one seat for Congressional contests and seven
percentage points for legislative contests. If a plan fails to meet this standard, it triggers a
rebuttable presumption of excessive partisan advantage. This may be rebutted if a court
determines that the degree of disproportionality was necessary in order to reasonably balance
the rules and criteria in effect for redistricting.
new text end

new text begin Subd. 3. new text end

new text begin Priority of principles. new text end

new text begin Districts must be drawn in accordance with the principles
in this section. If districts cannot be drawn fully in accordance with the principles, a
districting plan must give priority to those principles in the order in which they are listed,
except when doing so would violate federal or state law.
new text end

new text begin Subd. 4. new text end

new text begin Population equality. new text end

new text begin (a) Each congressional district must be as nearly equal
in population as practicable.
new text end

new text begin (b) Each legislative district must be substantially equal in population. The population
of a legislative district must not deviate by more than five percent from the population of
the ideal district.
new text end

new text begin Subd. 5. new text end

new text begin Minority representation. new text end

new text begin (a) Districts must not be drawn with either the purpose
or effect of denying or abridging the voting rights of any Minnesotan because of race,
ethnicity, or membership in a language minority group.
new text end

new text begin (b) Districts shall be drawn to protect the equal opportunity of racial, ethnic, and language
minorities to participate in the political process and to elect candidates of their choice,
whether alone or in coalition with others.
new text end

new text begin (c) Districts must provide racial minorities and language minorities who constitute less
than a voting-age majority of a district with an equal opportunity to substantially influence
the outcome of an election.
new text end

new text begin Subd. 6. new text end

new text begin Preservation of Native Nations. new text end

new text begin The reservation lands of a federally recognized
Native Nation must be preserved to the extent practicable. Discontiguous portions of a
federally recognized Native Nation's reservation lands must be included in the same district,
and must not be divided more than necessary to meet constitutional requirements.
new text end

new text begin Subd. 7. new text end

new text begin Communities of interest. new text end

new text begin Districts must minimize the division of identifiable
communities of interest. A community of interest may include a racial, ethnic, or linguistic
group or any group with shared experiences and concerns, including but not limited to
geographic, governmental, regional, social, cultural, historic, socioeconomic, occupational,
trade, environmental, or transportation interests. Communities of interest shall not include
relationships with political parties, incumbents, or candidates.
new text end

new text begin Subd. 8. new text end

new text begin Convenience and contiguity. new text end

new text begin Each district must be convenient and contiguous.
A district is convenient if it allows reasonable ease of travel within the district. Contiguity
by water is sufficient if the water is not a serious obstacle to travel within the district. A
district with areas that touch only at a point is not contiguous.
new text end

new text begin Subd. 9. new text end

new text begin Nesting. new text end

new text begin A representative district must not be divided in the formation of a
senate district.
new text end

new text begin Subd. 10. new text end

new text begin Political subdivisions. new text end

new text begin Districts must minimize the division of counties, cities,
or towns except when (1) the division occurs because a portion of a city or town is not
contiguous with another portion of the same city or town, or (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. 11. new text end

new text begin Natural geographic boundaries. new text end

new text begin Districts must be drawn to respect natural
geographic boundaries to the extent possible, including bodies of water, mountain ranges,
and other significant geological and topographic features.
new text end

new text begin Subd. 12. new text end

new text begin Numbering. new text end

new text begin (a) 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 (b) Legislative districts must be numbered in a regular series, beginning with house of
representatives district 1A in the northwest corner of the state and proceeding across the
state from west to east, north to south. In a county that includes more than one whole senate
district, the districts must be numbered consecutively.
new text end

new text begin Subd. 13. new text end

new text begin Additional principles. new text end

new text begin The redistricting commission established in section
2A.20 may adopt additional principles by a two-thirds vote, but the additional principles
must not be prioritized above the principles in the Minnesota Constitution or in this section.
new text end

new text begin Subd. 14. new text end

new text begin Severability. new text end

new text begin The provisions of this section are severable. If any provision of
this section or its application is held to be invalid, that invalidity shall not affect other
provisions of this section, which shall be given the maximum possible effect in the absence
of the invalid provision.
new text end

Sec. 7.

new text begin [204B.136] REDISTRICTING OF LOCAL ELECTION DISTRICTS.
new text end

new text begin Subdivision 1. new text end

new text begin Redistricting principles. new text end

new text begin The principles provided by section 2A.25 must
be applied to the redistricting of:
new text end

new text begin (1) county commissioner districts, park districts, and soil and water conservation
supervisor districts in counties with a population greater than 100,000;
new text end

new text begin (2) wards in cities with a population greater than 60,000; and
new text end

new text begin (3) Metropolitan Council districts.
new text end

new text begin Subd. 2. new text end

new text begin Population variance. new text end

new text begin A district or ward in a plan subject to this section must
be as equal as practicable and not deviate by more than plus or minus ten percent from the
population of the ideal district or ward.
new text end

Sec. 8. new text begin APPROPRIATIONS; LEGISLATIVE COORDINATING COMMISSION.
new text end

new text begin $....... in fiscal year .... and $....... in fiscal year .... are appropriated from the general fund
to the Legislative Coordinating Commission for costs associated with implementation of
this act, including costs to support the redistricting commission established in Minnesota
Statutes, chapter 2A. These are onetime appropriations.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 2.91, subdivision 1, new text end new text begin is repealed.
new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective January 1, 2025, if the proposed state constitutional amendment
in article 1 is ratified.
new text end

ARTICLE 3

CITIZENS ADVISORY REDISTRICTING COMMISSION.

Section 1.

new text begin [2A.30] REDISTRICTING; DEFINITIONS; ADJUSTMENT OF DATES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section and section 2A.31, the
definitions have the meanings given.
new text end

new text begin (b) "Applicant pools" means the lists of applicants described in section 2A.31, subdivision
2, paragraph (e).
new text end

new text begin (c) "Executive director" means the executive director of the Legislative Coordinating
Commission.
new text end

new text begin (d) "GIS office" means the Geographic Information Services Office of the Legislative
Coordinating Commission.
new text end

new text begin (e) "Largest political party in the state" means the political party whose candidate received
the greatest number of votes for legislative seats in the state in the most recent general
election.
new text end

new text begin (f) "Legislative Coordinating Commission" is the entity established in section 3.303.
new text end

new text begin (g) "Second largest political party in the state" means the political party whose candidate
received the second greatest number of votes for legislative seats in the state in the most
recent general election.
new text end

new text begin Subd. 2. new text end

new text begin Adjustment of dates. new text end

new text begin If any date prescribed in this chapter falls on a Saturday,
Sunday, or legal holiday, then the date is extended to the next day that is not a Saturday,
Sunday, or legal holiday.
new text end

Sec. 2.

new text begin [2A.31] REDISTRICTING COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin In each year ending in zero, a Citizens Advisory
Redistricting Commission is created to draw the boundaries of legislative and congressional
districts in accordance with the principles established in section 2A.32. The redistricting
commission consists of 15 members of the public.
new text end

new text begin Subd. 2. new text end

new text begin Appointment. new text end

new text begin (a) The application and appointment process for members of
the Citizens Advisory Redistricting Commission shall be the process described in section
15.0597, except as otherwise provided by this section.
new text end

new text begin (b) By January 1 of each year ending in zero, the secretary of state shall open a widely
publicized process and circulate applications in a manner that encourages wide public
participation of eligible residents from different regions of the state to apply for membership
on the commission. Applications are public data under chapter 13 and shall be made available
on the secretary of state's website or a comparable means of communicating with the public.
Applications must be received by March 1 of the year ending in zero.
new text end

new text begin (c) The secretary of state shall design and provide an application form that must clearly
state the legal obligations and expectations of potential appointees. Information required of
applicants must include but is not limited to:
new text end

new text begin (1) statement from applicants affirming they meet the requirements of subdivision 3;
new text end

new text begin (2) an oath affirming the applicant submits the application declaring the truthfulness of
its contents under penalty of perjury;
new text end

new text begin (3) the applicant's demographic information, including but not limited to gender, race,
ethnicity, and year of birth;
new text end

new text begin (4) the applicant's professional background;
new text end

new text begin (5) the applicant's past experience working with others to build consensus;
new text end

new text begin (6) the applicant's level of understanding about Minnesota communities, neighborhoods,
geographic regions, or demographics across the state;
new text end

new text begin (7) a description of the applicant's past political activity;
new text end

new text begin (8) list of all political and civic organizations to which the applicant has belonged within
the five years prior to the application;
new text end

new text begin (9) a statement indicating with which political party the applicant identifies, or that the
applicant identifies with no party. For purposes of this clause, identifying with a political
party means that the applicant is in general agreement with the principles of the party; and
new text end

new text begin (10) any other information required to determine eligibility to serve on the commission.
new text end

new text begin (d) The secretary of state must review applications as they are received to ensure that
each application is complete and each applicant has signed the oath attesting to the
truthfulness of the information contained in the application. No later than March 15 of the
year ending in zero, the secretary of state must forward the completed application of each
eligible person to the executive director. The secretary of state must not forward any
application that is incomplete or any application by a person who has not signed off on the
oath attesting to the accuracy of the information contained in the application. If the secretary
of state does not forward an application, the secretary of state must notify the applicant that
the applicant's application was not forwarded and the reason why.
new text end

new text begin (e) The Legislative Coordinating Commission executive director shall remove from the
applicant pool individuals who do not qualify including:
new text end

new text begin (1) a person who has not resided in Minnesota for at least one year prior to their
application submission or is not eligible to vote;
new text end

new text begin (2) a current member of the legislature or Congress;
new text end

new text begin (3) a person under contract with, or who serves as a consultant or staff to, or who has
or has had an immediate family relationship with the governor, a member of the legislature,
or a member of Congress during the ten years immediately preceding the date of application;
new text end

new text begin (4) a person who serves or has served during the ten years immediately preceding the
date of application as a public official, as defined in section 10A.01, subdivision 35, clauses
(1) to (5), (12), (13), (16), (26), and (27); and
new text end

new text begin (5) a person, or member of the person's immediate family, who is or during the ten years
immediately preceding the date of application has:
new text end

new text begin (i) been appointed to, elected to, or a candidate for state office;
new text end

new text begin (ii) served as an officer, employee, contractor, or paid consultant of a political party or
of the campaign committee of a candidate for elective federal or state office;
new text end

new text begin (iii) served as an elected or appointed member of a political party state committee, as
defined by section 10A.01, subdivision 36, or a delegate to a national convention of a
political party;
new text end

new text begin (iv) registered as a lobbyist, registrant, or client with the federal government under the
Lobbying Disclosure Act of 1995 as amended or as a state lobbyist or principal with the
Campaign Finance and Public Disclosure Board under chapter 10A;
new text end

new text begin (v) served as paid congressional or legislative staff; or
new text end

new text begin (vi) been found by the Campaign Finance and Public Disclosure Board to have violated
section 10A.27.
new text end

new text begin For the purposes of this subdivision, a member of a person's immediate family means a
sibling, spouse, or parent, including half, step, and in-law relationships. While serving on
the commission, commissioners must not campaign for elective office or actively participate
in or contribute to a political campaign nor run for federal, state, or local political office for
a period of up to ten years after the commission expires.
new text end

new text begin (f) By February 15 in the year ending in zero the executive director of the Legislative
Coordinating Commission shall appoint a redistricting advisory group consisting of, at a
minimum, the executive directors of the Minnesota Latino Affairs Council, Council for
Minnesotans of African Heritage, Minnesota Indian Affairs Council, the Council on Asian
Pacific Minnesotans, the Council on LGBTQIA2S+ Minnesotans, the Minnesota Youth
Council, the Minnesota Council on Disabilities, and the Minnesota Commission of Deaf,
Deafblind and Hard of Hearing.
new text end

new text begin (g) The Redistricting Advisory Group shall serve as advisors to the executive director
and must work within the process described in paragraph (i), and subdivision 5, paragraph
(a), clause (8), to ensure diversity of applicants throughout the process.
new text end

new text begin (h) Members of the Redistricting Advisory Group must participate in a nonpartisan
manner and serve without predisposition or bias on issues related to the state's representation
for redistricting boundaries. The Redistricting Advisory Group must work with the executive
director as outlined to foster diversity of applicant pools throughout the process and in their
role as experts on matters pertaining to their respective communities. It is not intended that
formulas or specific ratios be applied for this purpose.
new text end

new text begin (i) By April 1 of the year ending in zero, the executive director, in consultation with the
Redistricting Advisory Group shall jointly screen and sort the applicants into three applicant
pools: one pool for applicants identifying with the largest political party in this state; one
pool for applicants identifying with the second largest political party in the state; and one
pool for applicants identifying with no political party or a political party that is not the
largest or second largest political party in the state. The executive director must review the
applicants in each applicant pool and narrow each pool down to 40 applicants based on a
review of each applicant's relevant analytical skills, the ability to be impartial, and the ability
to promote consensus on the commission and appreciation for Minnesota's diverse
demographics, communities, and geography as documented in the application. To the extent
practicable, the executive director must ensure that each applicant pool reflects the gender,
socioeconomic, age, racial, language, ethnic, and geographic diversity of the state. Each
congressional district must be represented by at least two applicants in each applicant pool.
new text end

new text begin (j) If there is an insufficient number of available applicants to select a 40-applicant pool,
then the pool consists of only those applicants who did meet the requirements.
new text end

new text begin (k) By April 1 in each year ending in zero, the executive director must provide each
applicant pool list to the majority leaders and minority leaders of the house of representatives
and the senate. By April 15 of each year ending in zero, the majority leaders and minority
leaders of the house of representatives and the senate must each select five applicants from
their party's list and forward the names of the applicants to the Legislative Coordinating
Commission's executive director. The executive director must make the list and applications
available to all legislative leaders. In selecting applicants, the executive director or a leader
must not select more than one applicant from any congressional district.
new text end

new text begin (l) By April 29 of each year ending in zero, 12 names must be stricken from the list as
follows:
new text end

new text begin (1) the senate majority leader must strike three applicants from the applicants selected
by the senate minority leader;
new text end

new text begin (2) the senate minority leader must strike three applicants from the applicants selected
by the senate majority leader;
new text end

new text begin (3) the house majority leader must strike three applicants from the applicants selected
by the house minority leader; and
new text end

new text begin (4) the house minority leader must strike three applicants from the applicants selected
by the house majority leader.
new text end

new text begin (m) The legislative leaders must forward the eight remaining names consisting of four
applicants identifying with the largest political party in the state and four applicants
identifying with the second largest political party in the state to the executive director. These
eight individuals shall serve on the Citizens Advisory Redistricting Commission.
new text end

new text begin (n) By April 29 of each year ending in zero, the executive director must, by lottery,
select four applicants from the pool of 40 applicants who do not identify with a party or
identify with a party other than the first or second largest political party described in
paragraph (e). Together with the eight individuals selected by the legislative leaders, these
twelve individuals shall serve on the Citizens Advisory Redistricting Commission.
new text end

new text begin (o) No later than May 15 in each year ending in the number zero, the twelve advisory
commissioners shall convene and assess the commission's demographic diversity within
the twelve members and must review and select six more applicants from the remaining
applicants from the pool of 40 applicants originally selected by legislative leadership and
appoint six applicants to the commission as follows: two from the remaining pool of
applicants identifying with the largest political party in Minnesota, two from the remaining
pool of applicants identifying with the second largest political party in Minnesota, and two
from the remaining pool of applicants identifying with no political party or with a political
party that is not the largest or second largest political party in Minnesota. The six individuals
must be approved by at least two-thirds affirmative votes which must include at least two
votes of commissioners registered from each of the two largest parties and two votes from
commissioners who are not affiliated with either of the two largest political parties in
Minnesota. These six new appointees shall be chosen to ensure the Citizens Advisory
Redistricting Commission reflects this state's diversity, including but not limited to racial,
ethnic, geographic, and gender diversity. However, it is not intended that formulas or specific
ratios be applied for this purpose.
new text end

new text begin (p) The executive director of the Legislative Coordinating Commission shall report the
15 names selected to the secretary of the state. These 15 individuals shall serve as members
of the Citizens Advisory Redistricting Commission and shall not include more than two
commissioners from any one congressional district.
new text end

new text begin (q) The secretary of state's actions under this subdivision are not subject to chapter 14.
new text end

new text begin (r) Before serving on the Citizens Advisory Redistricting 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. 3. new text end

new text begin Eligibility of public members. new text end

new text begin (a) A person is eligible to serve if the person
has been a resident of Minnesota for at least a year at the time of the submission of the
application and is not an elected official.
new text end

new text begin (b) The following persons are not eligible to serve as a commissioner:
new text end

new text begin (1) a person who is not eligible to vote in the state of Minnesota;
new text end

new text begin (2) a current member of the legislature or Congress;
new text end

new text begin (3) a person under contract with, who serves as a consultant or staff to, or who has or
has had an immediate family relationship with the governor, a member of the legislature,
or a member of Congress during the ten years immediately preceding the date of application;
new text end

new text begin (4) a person who serves or has served during the ten years immediately preceding the
date of application as a public official, as defined in section 10A.01, subdivision 35, clauses
(1) to (5), (12), (13), (16), (26), and (27); and
new text end

new text begin (5) a person, or member of the person's immediate family, who is or during the ten years
immediately preceding the date of application has:
new text end

new text begin (i) been appointed to, elected to, or a candidate for federal or state office;
new text end

new text begin (ii) served as an officer, employee, contractor, or paid consultant of a political party or
of the campaign committee of a candidate for elective federal or state office;
new text end

new text begin (iii) served as an elected or appointed member of a political party state committee, as
defined by section 10A.01, subdivision 36, or a delegate to a national convention of a
political party;
new text end

new text begin (iv) registered as a lobbyist, registrant, or client with the federal government under the
Lobbying Disclosure Act of 1995 as amended or as a state lobbyist or principal with the
Campaign Finance and Public Disclosure Board under chapter 10A;
new text end

new text begin (v) served as paid congressional or legislative staff; or
new text end

new text begin (vi) been found by the Campaign Finance and Public Disclosure Board to have violated
section 10A.27.
new text end

new text begin (c) While serving on the Citizens Advisory Redistricting Commission, commissioners
must not campaign for elective office or actively participate in or contribute to a political
campaign nor run for state or local political office for a period of up to ten years after the
Citizens Advisory Redistricting Commission expires.
new text end

new text begin (d) For the purposes of this subdivision, a member of a person's immediate family means
a sibling, spouse, or parent, including half, step, and in-law relationships.
new text end

new text begin Subd. 4. new text end

new text begin Removal; filling vacancies. new text end

new text begin (a) Each commissioner shall serve for the entire
term of the commission unless the commissioner is removed or otherwise vacates the office.
new text end

new text begin (b) A commissioner's position on the Citizens Advisory Redistricting Commission is
deemed vacant if the commissioner, having been appointed as a registered elector who is
not affiliated with a political party, affiliates with a political party before the Minnesota
Legislature has approved a plan pursuant to subdivision 25. A commissioner's position on
the Citizens Advisory Redistricting Commission is also deemed vacant if the commissioner,
having been affiliated with one of the state's two largest political parties at the time of
appointment, affiliates with a different political party or becomes unaffiliated with any
political party before the Minnesota Legislature has approved a plan pursuant to subdivision
25.
new text end

new text begin (c) The removal of an officer from an officer position requires a two-thirds affirmative
vote with at least one commissioner identifying with the largest political party in the state,
one commissioner identifying with the second largest political party in the state, and one
commissioner identifying with no political party or with a political party that is not the
largest or second largest in the state.
new text end

new text begin (d) If the basis for the commissioner's removal is the commissioner's refusal to vote as
part of a collective effort to disrupt the process or vote of the commission, that member or
members may be removed after a finding by the chair as described in this section and a
two-thirds vote of those commissioners present.
new text end

new text begin (e) Removal of a member takes place immediately after a finding by the chair and must
be by a two-thirds vote of all members of the advisory commission, including at least one
member identifying with the largest political party in the state, one member identifying with
the second largest political party in the state, and one member identifying with no political
party or with a political party that is not the largest or second largest in the state.
new text end

new text begin (f) After notice and a hearing, the advisory commission may also remove a commissioner
for malfeasance or nonfeasance during the term of service in the performance of the duties
of the advisory commission, or for missing three consecutive meetings. After the second
consecutive missed meeting and before the next meeting, the chair or a designee must notify
the commissioner in writing that the member may be removed for missing the next meeting.
The definitions in section 211C.01 apply to this subdivision.
new text end

new text begin (g) The chair must submit a written notice to the Legislative Coordinating Commission
executive director, stating the grounds that another member's office should be declared
vacant under this subdivision. This written notice shall: (1) be dated and signed; and (2)
provide a detailed factual basis in support of the allegations causing the removal of another
member. The factual basis shall include the specific facts and factual foundation on which
the removal is based. Supporting documentation, if any, shall be included.
new text end

new text begin (h) Any vacancy on the advisory commission, including one that occurs due to death,
mental incapacity, resignation, criminal conviction of a serious crime, removal, failure to
meet the qualifications of appointment, refusal or inability to accept an appointment, or
having been found to have participated in a communication prohibited by subdivision 20
or 21 or conduct prohibited by subdivision 22, or otherwise, must be filled as soon as
possible, but no later than seven days after the vacancy occurred, by the executive director
from the designated pool of eligible applicants for that commissioner's position and in the
same manner as the originally chosen commissioner, except that no commissioner chosen
to fill a vacancy would be bypassed for appointment if all congressional districts are
represented by at least one commissioner. If no remaining finalists described in the same
pool under subdivision 2, paragraph (i), are available for service, the secretary of state shall
open the application process again and the executive director shall establish a new list of
applicants, as provided in subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin (a) Each commissioner shall perform their duties in a manner that is
impartial and reinforces public confidence in the integrity of the redistricting process.
Commissioners must disclose the presence of a conflict of interest, or raise a potential
conflict of interest when the agenda item is called, prior to the start of discussion or
deliberation. In addition to other duties prescribed by law, the advisory commission shall:
new text end

new text begin (1) attend nonpartisan redistricting training held by a nationally recognized nonpartisan
organization or the Legislative Coordinating Commission;
new text end

new text begin (2) attend training on the Minnesota Data Practices Act and Open Meetings Act;
new text end

new text begin (3) determine its own rules and order. Within ten weeks of being established, the Citizens
Advisory Redistricting Commission must adopt administrative rules to govern the
commission's process. The rules must be adopted at an open meeting, with advance notice
of the meeting, and members of the public must be provided with an opportunity to provide
comment on the rules. The procedures and rules referenced in this subdivision are not subject
to chapter 14 or section 14.386.
new text end

new text begin A member who has a conflict between a personal interest and the public interest in the
procurement process of securing staff, consultants, general counsel or any other professional
services, shall fully disclose to the commission in writing as soon as they learn of the
potential conflict of interest the nature of the conflict. A member shall not participate in the
discussion, or deliberation or vote upon any matter if a conflict exists;
new text end

new text begin (4) adopt procedures and rules to carry out the provisions of this section and any laws
enacted by the legislature, including the procurement of professional services such as GIS,
general counsel, and other subject matter expert staff. These procedures and rules are not
subject to chapter 14 or section 14.386;
new text end

new text begin (5) act as the legislature's recipient of the final redistricting data and other files relevant
to redistricting from the United States Census Bureau;
new text end

new text begin (6) comply with requirements to disclose and preserve public records, as specified in
the Data Practices Act, chapter 13, and section 138.17;
new text end

new text begin (7) hold open meetings and public hearings throughout the state pursuant to the Open
Meetings Law, chapter 13D;
new text end

new text begin (8) work with the Redistricting Advisory Group to host a minimum of eight statewide
informational town halls at community locations most likely to be known by individuals
living in the community and at a time most likely to reasonably yield the highest attendance,
allowing for basic information regarding the role of the advisory commission, how
commission members were selected, and why community member participation matters in
the redistricting process;
new text end

new text begin (9) provide public notice at least seven days in advance of any public meeting or public
hearing. The notice and agenda must be posted on the commission's website and published
in local news sources. The public notice shall also be disseminated leveraging social media,
media frequently used by disenfranchised Minnesotans, or other community-based
communication channels. The advisory commission may also partner with community-based
nonpartisan organizations in an effort to more widely disseminate the notice to directly
impacted communities. The notice and agenda must be provided in all languages required
for voting materials under the federal Voting Rights Act of 1965, United States Code, title
52, section 10503, in the congressional district in which the public meeting is scheduled;
new text end

new text begin (10) publish a draft agenda at least 72 hours before each public meeting or hearing;
new text end

new text begin (11) prepare and publish a report before any public meeting or hearing and no later than
ten weeks after all members of the advisory commission are appointed that describes the
commission's general priorities and intentions for utilizing redistricting criteria in its
decision-making process, including a discussion on how the commission will balance
competing requirements;
new text end

new text begin (12) adopt a schedule for interested persons to submit proposed plans and to respond to
plans proposed by others. The redistricting commission shall also adopt standards to govern
the format of plans submitted. Adoption of the schedule and standards under this subdivision
is not subject to chapter 14 or section 14.386. The advisory commission must post submitted
plans to its website as soon as practicable;
new text end

new text begin (13) subject to subdivisions 20 and 21, provide direction to commission staff on drawing
maps;
new text end

new text begin (14) subject to subdivisions 20 and 21, review and direct modifications of maps to
commission staff;
new text end

new text begin (15) prepare and publish reports on the following:
new text end

new text begin (i) all plans discussed by the full advisory commission, including all publicly submitted
plans and draft plans;
new text end

new text begin (ii) a summary of all public input received in each comment period;
new text end

new text begin (iii) a summary of the data the advisory commission used to create those plans;
new text end

new text begin (iv) analysis of the maps using redistricting metrics; and
new text end

new text begin (v) any other information that provides the basis on which the advisory commission
made decisions to achieve compliance with constitutional and statutory requirements;
new text end

new text begin (16) make reasonable efforts to schedule hearings in the evenings, on weekends, and at
other times that most residents in that region are able to attend;
new text end

new text begin (17) whenever possible, use technology that allows for real-time virtual participation
and feedback for all hearings. All audiovisual recordings of the advisory commission public
meetings and public hearings must be maintained on the commission's website indefinitely;
new text end

new text begin (18) make reasonable efforts to make available translation and interpreter services for
limited English-speaking individuals and those needing accommodations in compliance
with the Americans with Disabilities Act. The redistricting commission may contract with
an entity that provides interpreter services through telephonic and video remote technologies;
and
new text end

new text begin (19) provide notices of the availability of both plans and reports in all languages required
for voting materials under the federal Voting Rights Act of 1964, United States Code, title
52, section 10503, and as required for compliance with the Americans with Disabilities Act
for each congressional district.
new text end

new text begin Subd. 6. new text end

new text begin Rules of order. new text end

new text begin Advisory commission meetings shall be conducted according
to the current edition of Robert's Rules of Order, subject to any procedures to the contrary
set forth in these rules, applicable law, or such other rules adopted by the commission.
new text end

new text begin Subd. 7. new text end

new text begin Quorum. new text end

new text begin (a) A quorum must be present to conduct the business of the advisory
commission meetings and hold public hearings. The quorum shall consist of twelve members,
including at least one member affiliated with each of the major parties and one nonaffiliated
member.
new text end

new text begin (b) If there is not a quorum due to a collective effort by one or more commissioners to
disrupt the work, process, or vote of the commission, a quorum consists of the majority of
commissioners. The requirement for at least one member from each majority party and one
nonaffiliated member is not applicable under this circumstance.
new text end

new text begin Subd. 8. new text end

new text begin Minutes. new text end

new text begin Minutes of all meetings, including votes on all official actions taken
at those meetings shall be kept by the Legislative Coordinating Commission. All decisions
of the advisory commission shall be recorded, and the record of its decisions shall be readily
available to any member of the public as required by law and shall be provided without
charge.
new text end

new text begin Subd. 9. new text end

new text begin Journal of proceedings. new text end

new text begin An account of all proceedings and the public record
of the advisory commission shall be kept by the Legislative Coordinating Commission and
shall constitute the official record of the advisory commission and be posted to the
commission's website.
new text end

new text begin Subd. 10. new text end

new text begin Right of floor. new text end

new text begin Any member desiring to speak shall be recognized by the
chair, or vice-chair when the chair is not present, and shall confine their remarks to one
subject under consideration or to be considered.
new text end

new text begin Subd. 11. new text end

new text begin Right to general counsel. new text end

new text begin The Citizens Advisory Redistricting Commission
has a right to retain general counsel. The general counsel of the advisory commission shall
be experienced and knowledgeable in the area of election law and voting rights and attend
all meetings of the commission unless excused. The general counsel shall, upon request,
give an opinion, either written or oral, on questions of law. The general counsel may make
recommendations to the commission and shall have the right to take part in all public
discussions of the commission, but shall have no vote. General counsel shall act as
parliamentarian of the commission and serve as its designated data practices act responsible
authority, in lieu of the executive director.
new text end

new text begin Subd. 12. new text end

new text begin Voting. new text end

new text begin (a) Except as otherwise provided in these rules or by law,
administrative actions including calling to order, adjourning, scheduling hearings, and other
such actions shall require the approval of a majority of commissioners entitled to vote. The
vote is required for the following actions.
new text end

new text begin (b) A majority of the appointed commissioners must approve rules and procedural
decisions.
new text end

new text begin (c) Election of the chair and vice-chair requires a two-thirds affirmative vote with at
least one commissioner identifying with the largest political party in the state, one
commissioner identifying with the second largest political party in the state, and one
commissioner identifying with no political party or with a political party that is not the
largest or second largest in the state.
new text end

new text begin (d) Adoption of the final plan for submission to the Minnesota Legislature and the
adoption of a revised plan after a plan is returned to the advisory commission from the
Minnesota Legislature requires the affirmative vote of two-thirds of commissioners with at
least one commissioner identifying with the largest political party in the state, one
commissioner identifying with the second largest political party in the state, and one
commissioner identifying with no political party or with a political party that is not the
largest or second largest in the state.
new text end

new text begin Subd. 13. new text end

new text begin Duty to vote; abstaining. new text end

new text begin (a) Commissioners present at a meeting shall vote
on every matter before the commission, unless otherwise excused or prohibited from voting
as follows:
new text end

new text begin (1) a commissioner may abstain from voting if the commissioner:
new text end

new text begin (i) has a conflict of interest, as set forth in subdivision 5, paragraph (a), or as defined by
law. An individual commissioner shall disclose the presence of a conflict of interest or raise
a potential conflict of interest when the agenda item is called, prior to the start of discussion
or deliberation. Should a conflict of interest become clear during the discussion, the
commissioner shall raise the existence of an actual or potential conflict at that time. An
individual commissioner may seek the opinion of the general counsel with experience and
expertise in the area of election law and voting rights on whether a conflict exists. This
opinion shall not be binding on the commission. The Citizens Advisory Redistricting
Commission shall decide, by majority vote of commissioners present, whether a conflict of
interest exists. A vote may be tabled, if necessary, to obtain the opinion of the general
counsel. A commissioner with a conflict of interest is prohibited from participating in any
discussion, debate, or decision on that issue; or
new text end

new text begin (ii) lacks sufficient information about the issue to be decided. If a commissioner abstains
for this reason, they shall state for the record their intention to abstain and the reasons for
doing so prior to the vote. The abstaining commissioner shall not be restricted or prohibited
from participating in any discussion or debate on the issue; and
new text end

new text begin (2) if any commissioner abstains from voting, a roll call vote shall be required on that
issue. The reasons for the abstention shall be entered into the minutes of the meeting at
which the vote is taken and be part of the official record.
new text end

new text begin (b) The right to vote is limited to the commissioners present at the time the vote is taken.
Voting by proxy is prohibited.
new text end

new text begin (c) All votes must be held and determined in public. Secret ballots are prohibited.
new text end

new text begin (d) Prior to calling for a vote, the chair shall state the question being voted upon.
new text end

new text begin Subd. 14. new text end

new text begin Manner of voting. new text end

new text begin Except as otherwise provided in these rules or by law,
voting shall be by a two-thirds affirmative vote using voice vote, roll call, or show of hands.
Roll call votes shall be taken when required in this section or by law, at the request of any
commissioner, or when the chair cannot determine the results of a voice vote.
new text end

new text begin Subd. 15. new text end

new text begin Chair and vice-chair. new text end

new text begin (a) The Citizens Advisory Redistricting Commission
must elect a chair and vice-chair from among its members by a vote under subdivision 12,
paragraph (c). The chair and vice-chair shall not self-identify as belonging to the same
political party.
new text end

new text begin (b) The nomination and election of the chair occurs first and the vice-chair occurs second.
new text end

new text begin (c) All candidates must be given an equal amount of time to speak in support of their
candidacy, to be followed by a period of questions and answers.
new text end

new text begin (d) The chair shall:
new text end

new text begin (1) call to order and preside at all meetings;
new text end

new text begin (2) preserve order and decorum and may speak to points of order in preference to other
commissioners;
new text end

new text begin (3) decide all questions arising under this parliamentary authority in consultation with
the general counsel, subject to appeal and reversal by a majority of the commissioners
present;
new text end

new text begin (4) enforce rules of procedure;
new text end

new text begin (5) perform any other administrative or agenda duties as directed by the advisory
commission;
new text end

new text begin (6) have all the same rights as other commissioners with respect to procedural matters,
debate, and voting except that the chair shall not vote on the appeal of a parliamentary ruling
by the chair;
new text end

new text begin (7) approve expenditures associated with the commission for any individual expenditure
in excess of $5,000;
new text end

new text begin (8) when both the chair and vice-chair are absent, the chair may designate another of its
commissioners to serve as acting chair during such absence or disability; and
new text end

new text begin (9) establish committees and subcommittees by a majority vote of the commission with
the support of at least one vote from a member identifying with the largest political party
in the state, one vote from a member identifying with the second largest political party in
the state, and one vote from a member identifying with no political party or with a political
party that is not the largest or second largest in the state.
new text end

new text begin (e) The vice-chair shall perform the duties of the chair when the chair is unavailable,
except as otherwise provided by law. The vice-chair shall act in the capacity of the chair in
the chair's absence. The vice-chair shall help facilitate group discussion on items before the
advisory commission. The vice-chair is also responsible for other duties as designated by
the chair.
new text end

new text begin Subd. 16. new text end

new text begin Secretary. new text end

new text begin The executive director, or their designee, is secretary to the advisory
commission without vote, and in that capacity shall keep the official record of all proceedings
of the commission and furnish, under the direction of the commission, all technical services
that the commission deems necessary. The duties of the secretary shall also include:
new text end

new text begin (1) facilitating the process for the selection of commissioners pursuant to subdivision
2, paragraphs (e) to (p), and replacement of commissioners pursuant to subdivision 4,
paragraph (h);
new text end

new text begin (2) issuing a call convening the advisory commission by January 1st in the year of the
federal decennial census;
new text end

new text begin (3) publishing the redistricting plan for each type of district adopted under subdivision
25 within 30 days of the adoption of the plan. This publication shall include the plan and
the material reports, reference materials, and data used in drawing it, including any
programming information used to produce and test the plan. The published materials shall
be such that an independent person is able to replicate the conclusion without any
modification of any of the published materials;
new text end

new text begin (4) maintaining a public record of all proceedings of the advisory commission and
publishing and distributing each plan and required documentation. An adopted redistricting
plan shall become law upon submission to the secretary of state absent any legal action
resulting in a court finding constitutional violations and ordering new maps be drawn; and
new text end

new text begin (5) taking and maintaining minutes of all advisory commission meetings including votes
on all official actions taken at those meetings. All decisions of the commission shall be
recorded, and the record of its decisions shall be readily available to any member of the
public as required by law and shall be provided without charge.
new text end

new text begin Subd. 17. new text end

new text begin Orientation and training. new text end

new text begin (a) Orientation for members of the advisory
commission shall be coordinated by the Legislative Coordinating Commission.
new text end

new text begin (b) Commissioners shall receive nonpartisan orientation, ongoing education, and training
on the purposes and activities of the advisory commission. Information may be presented
in a manner most convenient or useful to the commission including the use of interactive
or subject-matter expert presentations. Training should include insights from other states
operating under advisory citizens commissions.
new text end

new text begin (c) Orientation shall be coordinated by nonpartisan Legislative Coordinating Commission
staff and must be completed within four weeks of the commission being formed.
new text end

new text begin Subd. 18. new text end

new text begin Employment of personnel. new text end

new text begin The advisory commission shall be compensated
as prescribed in law. The Legislative Coordination Commission must provide the commission
with the services of nonpartisan experts, consultants, and support staff, as necessary to carry
out its duties pursuant to this section.
new text end

new text begin Subd. 19. new text end

new text begin Public hearings in diverse state regions. new text end

new text begin (a) Prior to adopting a legislative
or congressional districting plan, the advisory commission must hold a minimum of 16
public hearings throughout the state, with at least eight hearings held before adopting
preliminary drafts of legislative or congressional district plans. The primary purpose of the
first eight public hearings is to request public input on how to define communities of interest
and to provide an opportunity for public comment from residents of that part of the state.
The commission must make reasonable efforts to schedule hearings in the evenings, on
weekends, and at other times that most residents of that region are able to attend.
new text end

new text begin (b) By February 15 of each year ending in one, the advisory commission must hold at
least eight public hearings in diverse regions of the state, including southern Minnesota,
central Minnesota, Northern Minnesota, and the Twin Cities Metro Area, before adopting
preliminary drafts of legislative or congressional district plans. The primary purpose of
these first public hearings in each location is to request advice on how to define communities
of interest and to provide an opportunity for public testimony from residents of that
community. The commission must make reasonable efforts to schedule hearings in the
evenings, on weekends, and at other times that most residents from that region are able to
attend.
new text end

new text begin (c) After completing the first round of public hearings to get public input on communities
of interest, the advisory commission must publish on its website preliminary drafts of the
legislative and congressional district plans. The commission also must publish the reports
for each preliminary draft prior to hearings discussing that draft. The advisory commission
must allow the public at least 14 days to submit comments to the commission after
publication. After those 14 days, the commission must then hold at least one additional
public hearing to allow for open public input and comment. Nonpartisan GIS experts,
consultants, and support staff shall be present to hear and consider public comment on the
proposed plans. The commission may require its general counsel to attend.
new text end

new text begin (d) The advisory commission must make reasonable efforts to allow the public to submit
written testimony prior to a hearing and make copies of that testimony available to all
commissioners and the public prior to and at the hearings.
new text end

new text begin Subd. 20. new text end

new text begin Internal communications. new text end

new text begin (a) The advisory commission may designate one
or more commission staff to communicate with commissioners regarding administrative
matters and may define the scope of the permitted communication. The designation must
be announced at the next public hearing following the designation.
new text end

new text begin (b) A commissioner must not direct, request, suggest, or recommend to staff an
interpretation of a districting principle or a change to a district boundary, except during an
open meeting of the commission. Communication between retained counsel and members
of the commission or the designated commission staff does not violate the provisions of
this section.
new text end

new text begin Subd. 21. new text end

new text begin External communications. new text end

new text begin (a) Except as provided in paragraph (b),
commissioners and staff must not communicate with anyone outside the commission
regarding the content of a plan, except at an open meeting of the commission or when
soliciting or receiving written communications regarding a plan that is the subject of a public
hearing.
new text end

new text begin (b) The following external communications are expressly permitted:
new text end

new text begin (1) a communication of general information about the commission, proceedings of the
commission, or redistricting, including questions or requests for information and responses
to or from commission staff;
new text end

new text begin (2) testimony or documents submitted by a person for use at a public hearing;
new text end

new text begin (3) a report submitted under subdivision 5, paragraph (a), clause (11); and
new text end

new text begin (4) a communication required by chapter 13 or 13D.
new text end

new text begin Subd. 22. new text end

new text begin Prohibitions on gifts and gratuities. new text end

new text begin The advisory commission, individual
commissioners, staff, attorneys, experts, and consultants may not directly or indirectly solicit
or accept any gift or loan of money, goods, services, or other thing of value greater than $5
for the benefit of any person or organization, which may influence the manner in which the
individual commissioner, staff, attorney, expert, or consultant performs their duties.
new text end

new text begin Subd. 23. new text end

new text begin Reports of improper activity. new text end

new text begin (a) Advisory commission staff shall report to
the commission any attempt to exert improper influence over the staff in drafting plans.
new text end

new text begin (b) A commissioner or commission staff shall report to the advisory commission chair
and vice-chair, any prohibited communication. The report must include a copy of a written
communication or a written summary of an oral communication.
new text end

new text begin (c) A report under this subdivision must be made no later than three business days after
the attempt to exert improper influence or the prohibited communication, or before the next
meeting of the commission, whichever is earlier. If special circumstances make this
requirement impracticable, the report must be made at the following meeting of the
commission.
new text end

new text begin Subd. 24. new text end

new text begin Data used. new text end

new text begin (a) The advisory commission shall use census data representing
the entire population of this state to draw congressional and legislative districts. Except
when required by law or for the purposes of drawing districts in compliance with provisions
of state or federal law, citizen voting age or citizen population, must not be used as the
method to calculate population equality. The commission may also consider demographic
trend data provided by the Minnesota state demographer and relevant election data.
new text end

new text begin (b) The advisory commission shall use population data that reflects incarcerated persons
at their last known residence before incarceration.
new text end

new text begin Subd. 25. new text end

new text begin Deadlines. new text end

new text begin (a) After completing the public hearings required by subdivision
19, but by May 1 of each year ending in one, the advisory commission shall submit plans
and its reports to the legislature for legislative and congressional districts. Each plan must
be accompanied by a report summarizing information and testimony received by the
redistricting commission in the course of the hearings and include any comments and
conclusions the advisory commission deems appropriate on the information and testimony
received at the hearings or otherwise presented. To submit a plan to the legislature, the
advisory commission must approve the plan by an affirmative vote of twelve members or
more, including at least one member identifying with the largest political party in the state,
one member identifying with the second largest political party in the state, and one member
identifying with no political party or with a political party that is not the largest or second
largest in the state. When the advisory commission approves a plan, the plan and its reports
must be published to the advisory commission's website.
new text end

new text begin (b) The legislature intends that a bill be introduced to enact each plan received from the
advisory commission and that the bill be brought to a vote within one week in either the
senate or the house of representatives under a procedure or rule permitting no amendment.
The legislature further intends that the bill be brought to a vote in the second house within
one week after final passage in the first house.
new text end

new text begin (c) If the secretary of the senate or chief clerk of the house of representatives notifies
the advisory commission that the first plan has failed, or the governor vetoes the first plan,
the commission shall submit a second plan within two weeks after it receives the notice. If
the legislature has adjourned the regular session in the year ending in one before the
commission submits a second plan, and no special session is called to consider the second
plan, then the commission must submit the second plan to the legislature at the opening of
its regular session in the year ending in two. The legislature intends that the second plan be
considered by the legislature under the same procedure provided for a first plan under
paragraph (b).
new text end

new text begin (d) If the secretary of the senate or the chief clerk of the house of representatives notifies
the advisory commission that a second plan has failed, or the governor vetoes a second plan,
the commission shall submit a third plan within two weeks after it receives the notice. If
the legislature has adjourned the regular session in the year ending in one, before the
commission submits a third plan, and there is no special session called to consider the third
plan, then the commission must submit the third plan to the legislature prior to the opening
of its regular session in the year ending in two. The legislature intends that the third plan
be considered by the legislature under the same procedure provided for the first and second
plans under paragraph (b) whether it is being considered during the regular or a special
session with the exception that amendments by the legislature may be proposed.
new text end

new text begin (e) If the advisory commission cannot reach an agreement on a plan for any reason, the
commission shall use the following procedure to adopt a plan for that type of district:
new text end

new text begin (1) each commissioner may submit one proposed plan for each type of district to the
full commission for consideration;
new text end

new text begin (2) each commissioner shall rank the plans submitted according to preference. Each plan
shall be assigned a point value inverse to its ranking among the number of choices, giving
the lowest ranked plan one point and the highest ranked plan a point value equal to the
number of plans submitted; and
new text end

new text begin (3) the advisory commission shall adopt the plan receiving the highest total points, that
is also ranked among the top half of plans by at least two commissioners not affiliated with
the party of the commissioner submitting the plan, or in the case of a plan submitted by
nonaffiliated commissioners, is ranked among the top half of plans by at least two
commissioners affiliated with a major party. If plans are tied for the highest point total, the
executive director shall by lottery select the final plan from those plans.
new text end

new text begin (f) If the legislature and governor have not approved a plan by October 1 of the year
ending in one, then the advisory commission must submit a map approved by the commission
to the Minnesota Supreme Court for review for adherence to state constitution and statutes.
new text end

new text begin (g) If the legislature and governor have neither rejected the commission plans three
times, nor approved the commission plans by the statutory required date for plan approval
as provided in section 204B.14, and the court has found the commission plan to meet all
legal requirements, then the court shall order implementation of the commission plan in the
absence of a legislative plan.
new text end

new text begin (h) Final approval of all plans, whether enacted by the legislature or as provided by court
order, must take place no later than the date provided in section 204B.14, subdivision 1a.
new text end

new text begin (i) Notwithstanding subdivision 30, the established advisory commission must complete
its activity by October 1 in each year ending in one. Upon final approval of the advisory
commission's adopted plan by the legislature and governor, the plan must be communicated
to the secretary of state. The plan becomes effective for the following election upon filing
with the secretary of state. The commission must also publish the adopted plans and the
related reports on the redistricting commission's website.
new text end

new text begin Subd. 26. new text end

new text begin Activity and evaluation report. new text end

new text begin Within 30 days of the enactment into law
or adoption by court order of both a legislative plan and a congressional plan, the advisory
commission must submit a report to the chief clerk of the house of representatives, the
secretary of the senate, the majority and minority leaders of each house of the legislature,
and the governor. At a minimum, the report must include a summary of the commission's
work, including the information required in subdivision 5, clause (15), and any recommended
changes to laws affecting redistricting. The report must also inform the legislature if the
commission determines that funds or other resources provided for the operation of the
commission were inadequate. A commissioner who voted against a redistricting plan may
submit a dissenting report, which shall be issued with the commission's report. The
commission must publish the report on its website.
new text end

new text begin Subd. 27. new text end

new text begin Criminal liability as public officers. new text end

new text begin Members of the advisory commission
exercise the functions of a public officer for the purposes of sections 609.415 to 609.4751.
new text end

new text begin Subd. 28. new text end

new text begin Data. new text end

new text begin The advisory commission is subject to chapter 13, except that a plan is
not public data until it has been submitted to the advisory commission for its consideration.
new text end

new text begin Subd. 29. new text end

new text begin Lobbyist registration. new text end

new text begin Action by the redistricting commission is administrative
action for the purposes of section 10A.01, subdivisions 2 and 21.
new text end

new text begin Subd. 30. new text end

new text begin Expiration. new text end

new text begin (a) The advisory commission expires 45 days after:
new text end

new text begin (1) both a legislative and a congressional redistricting plan have been enacted into law
or adopted by court order; and
new text end

new text begin (2) any legal challenges to the plans have been resolved.
new text end

new text begin (b) If a court enjoins the use of a plan after the advisory commission expires, the court
enjoining the plan may direct a new commission to be appointed under this section to draft
a remedial plan for presentation to the legislature in accordance with deadlines established
by the court's order.
new text end

Sec. 3.

new text begin [2A.32] REDISTRICTING PRINCIPLES.
new text end

new text begin Subdivision 1. new text end

new text begin Districting principles. new text end

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

new text begin Subd. 2. new text end

new text begin Prohibitions new text end

new text begin (a) Districts must not be drawn to violate the Fourteenth and
Fifteenth Amendments of the United States Constitution or the Voting Rights Act of 1965,
as amended.
new text end

new text begin (b) Districts must not be drawn to purposefully favor or disfavor a candidate or incumbent.
new text end

new text begin (c) Districts must not be drawn using voter registration, voter turnout, voting history, or
party preference, including participation in the presidential nominating primary, general
election, voting patterns, and primary voting patterns, except for the purposes of verifying
the compliance of maps with the requirements of this section and of issuing the reports
required by section 2A.23.
new text end

new text begin (d) Districts must not be drawn using the location of incumbents' or candidates' residences.
new text end

new text begin (e) Districts must not be drawn using data subject to reporting or regulation under chapter
10A; section 201.091, subdivision 4a; United States Code, title 52, subtitle III; or United
States Code, title 26, subtitle H.
new text end

new text begin (f) Districts must not be drawn with the effect of unduly favoring or disfavoring any
political party. Districts shall be subjected to a test of partisan fairness using the standard
of proportionality as the benchmark for fairness. Using four recent statewide elections, any
proposed Congressional or legislative plan must be close to achieving major-party seat share
proportional to the corresponding share of the popular vote in at least three out of the four
contests. The standard of closeness is one seat for Congressional contests and seven
percentage points for legislative contests. If a plan fails to meet this standard, it triggers a
rebuttable presumption of excessive partisan advantage. This may be rebutted if a court
determines that the degree of disproportionality was necessary in order to reasonably balance
the rules and criteria in effect for redistricting.
new text end

new text begin Subd. 3. new text end

new text begin Priority of principles. new text end

new text begin Districts must be drawn in accordance with the principles
in this section. If districts cannot be drawn fully in accordance with the principles, a
districting plan must give priority to those principles in the order in which they are listed,
except when doing so would violate federal or state law.
new text end

new text begin Subd. 4. new text end

new text begin Population equality. new text end

new text begin (a) Each congressional district must be as nearly equal
in population as practicable.
new text end

new text begin (b) Each legislative district must be substantially equal in population. The population
of a legislative district must not deviate by more than plus or minus five percent from the
population of the ideal district.
new text end

new text begin Subd. 5. new text end

new text begin Minority representation. new text end

new text begin (a) Districts must not dilute or diminish the equal
opportunity of racial, ethnic, and language minorities to participate in the political process
and to elect candidates of their choice, whether alone or in coalition with others.
new text end

new text begin (b) Districts must provide racial minorities and language minorities who constitute less
than a voting-age majority of a district with an equal opportunity to substantially influence
the outcome of an election.
new text end

new text begin Subd. 6. new text end

new text begin Preservation of Native Nations. new text end

new text begin The reservation lands of a federally recognized
Native Nation must be preserved to the extent practicable. Discontiguous portions of a
federally recognized Native Nation's reservation lands must be included in the same district,
and must not be divided more than necessary to meet constitutional requirements.
new text end

new text begin Subd. 7. new text end

new text begin Communities of interest. new text end

new text begin Districts must minimize the division of identifiable
communities of interest. A community of interest may include a racial, ethnic, or linguistic
group or any group with shared experiences and concerns, including but not limited to
geographic, governmental, regional, social, cultural, historic, socioeconomic, occupational,
trade, environmental, or transportation interests. Communities of interest shall not include
relationships with political parties, incumbents, or candidates.
new text end

new text begin Subd. 8. new text end

new text begin Convenience and contiguity. new text end

new text begin Each district must be convenient and contiguous.
A district is convenient if it allows reasonable ease of travel within the district. Contiguity
by water is sufficient if the water is not a serious obstacle to travel within the district. A
district with areas that touch only at a point is not contiguous.
new text end

new text begin Subd. 9. new text end

new text begin Nesting. new text end

new text begin A representative district must not be divided in the formation of a
senate district.
new text end

new text begin Subd. 10. new text end

new text begin Political subdivisions. new text end

new text begin Districts must minimize the division of counties, cities,
towns except when (1) the division occurs because a portion of a city or town is not
contiguous with another portion of the same city or town, or (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. 11. new text end

new text begin Compactness. new text end

new text begin Districts must be reasonably compact. More than one measure
must be used to evaluate compactness of districts.
new text end

new text begin Subd. 12. new text end

new text begin Natural geographic boundaries. new text end

new text begin Districts must be drawn to respect natural
geographic boundaries to the extent possible, including bodies of water, mountain ranges,
and other significant geological and topographic features.
new text end

new text begin Subd. 13. new text end

new text begin Numbering. new text end

new text begin (a) 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 (b) Legislative districts must be numbered in a regular series, beginning with house of
representatives district 1A in the northwest corner of the state and proceeding across the
state from west to east, north to south. In a county that includes more than one whole senate
district, the districts must be numbered consecutively.
new text end

new text begin Subd. 14. new text end

new text begin Additional principles. new text end

new text begin The advisory commission established in section 2A.20
may adopt additional principles by a two-thirds vote, but the additional principles must not
be prioritized above the principles in the Constitution of Minnesota or in this section.
new text end

new text begin Subd. 15. new text end

new text begin Severability. new text end

new text begin The provisions of this section are severable. If any provision of
this section or its application is held to be invalid, that invalidity shall not affect other
provisions of this section, which shall be given the maximum possible effect in the absence
of the invalid provision.
new text end

Sec. 4.

new text begin [2A.33] LEGISLATIVE COORDINATING COMMISSION;
REDISTRICTING .
new text end

new text begin Subdivision 1. new text end

new text begin Administrative and professional support. new text end

new text begin The Legislative Coordinating
Commission shall provide administrative, professional, and support services to the
commission established in section 2A.31. The responsibilities assigned to the Legislative
Coordinating Commission executive director may be implemented through a process or
delegation to an individual responsible to the executive director to carry out the assigned
activities.
new text end

new text begin Subd. 2. new text end

new text begin Data used. new text end

new text begin (a) The geographic areas and population counts used in maps, tables,
and legal descriptions of legislative and congressional districts considered by the legislature
and the redistricting commission must be those used by the GIS Office. 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 (b) Nothing in this subdivision prohibits the use of additional data, except as provided
by sections 2A.31 and 2A.32.
new text end

new text begin (c) The GIS Office must make this data available to the public on the GIS Office's
website.
new text end

new text begin Subd. 3. new text end

new text begin Publication; consideration of plans. new text end

new text begin A plan must not be finalized until the
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. The GIS Office shall publish each plan submitted to it on the GIS
Office website.
new text end

new text begin Subd. 4. new text end

new text begin Reports. new text end

new text begin Publication of a plan shall include the reports described as follows:
new text end

new text begin (1) a population equality report that lists each district in the plan, its population as the
total number of persons, and deviations from the ideal as both the number of persons and
as a percentage of the population. The report must also show the populations of the largest
and smallest districts and the overall range of deviations of districts;
new text end

new text begin (2) a minority voting-age population report that lists for each district the voting age
population of each racial, ethnic, or language minority and the total minority voting age
population, according to the categories recommended by the United States Department of
Justice. The report must also specify each district with 30 percent or more total minority
population;
new text end

new text begin (3) a contiguity report that lists each district that is noncontiguous either because two
areas of a district do not touch or because they are linked by a point;
new text end

new text begin (4) if a plan preserves a community of interest, a communities of interest report that
includes maps of the plan with a layer identifying the census blocks within each preserved
community of interest and includes a description of the research process used to identify
each community of interest. The report must also list each district to which a community
of interest has been assigned, the number of communities of interest that are split, and the
number of times communities of interest were split;
new text end

new text begin (5) a political subdivision and Native Nation reservation splits report that lists each split
of a county, city, township, federally recognized Native Nation reservation, unorganized
territory, and precinct, and the district to which each portion of a split division is assigned.
The report also must show the number of subdivisions split and the number of times a
subdivision is split;
new text end

new text begin (6) a plan components report that lists for each district the names and populations of the
counties within it and, if a county is split between or among districts, the names and
populations of the portion of the split county and each of the split county's whole or partial
cities, townships, unorganized territories, and precincts within each district;
new text end

new text begin (7) a measures of compactness report that lists for each district the results of the multiple
measures of compactness, including but not limited to Reock, Polsby-Popper, Minimum
Convex Hull, Population Polygon, Population Circle, Ehrenburg, Perimeter, and
Length-Width measures. The report must also state for each district the sum of the district's
perimeter and the mean of the measurements. The report may list additional tests of
compactness that are accepted in political science and statistics literature; and
new text end

new text begin (8) a partisanship report that lists multiple measures of partisan symmetry. The report
may list additional tests of partisan bias that are accepted in political science and statistics
literature.
new text end

Sec. 5.

new text begin [204B.136] REDISTRICTING OF LOCAL ELECTION DISTRICTS.
new text end

new text begin Subdivision 1. new text end

new text begin Redistricting principles. new text end

new text begin The principles provided in section 2A.32 must
be applied to the redistricting of:
new text end

new text begin (1) county commissioner districts, park districts, and soil and water conservation
supervisor districts in counties with a population greater than 100,000;
new text end

new text begin (2) wards in cities with a population greater than 60,000; and
new text end

new text begin (3) Metropolitan Council districts.
new text end

new text begin Subd. 2. new text end

new text begin Population variance. new text end

new text begin A district or ward in a plan subject to this section must
be as equal as practicable and not deviate by more than plus or minus ten percent from the
population of the ideal district or ward.
new text end

Sec. 6. new text begin APPROPRIATIONS; LEGISLATIVE COORDINATING COMMISSION.
new text end

new text begin $....... in fiscal year .... and $....... in fiscal year .... are appropriated from the general fund
to the Legislative Coordinating Commission for costs associated with implementation of
this act, including costs to support the redistricting commission established in Minnesota
Statutes, chapter 2A. These are onetime appropriations.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 2.91, subdivision 1, new text end new text begin is repealed.
new text end

Sec. 8. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective January 1, 2025, if the constitutional amendment proposed in
article 1 is not ratified.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-07145

2.91 REDISTRICTING PLANS.

Subdivision 1.

Distribution.

Upon enactment of a redistricting plan for the legislature or for Congress, the Legislative Coordinating Commission shall deposit the plan with the secretary of state. The secretary of state shall provide copies of the relevant portions of the redistricting plan to each county auditor, who shall provide a copy of the relevant portions of the plan to each municipal clerk within the county. The secretary of state, with the cooperation of the commissioner of administration, shall make copies of the plan file, maps, and tables available to the public for the cost of publication. The revisor of statutes shall code a metes and bounds description of the districts in Minnesota Statutes.

Subdivision 1.

Distribution.

Upon enactment of a redistricting plan for the legislature or for Congress, the Legislative Coordinating Commission shall deposit the plan with the secretary of state. The secretary of state shall provide copies of the relevant portions of the redistricting plan to each county auditor, who shall provide a copy of the relevant portions of the plan to each municipal clerk within the county. The secretary of state, with the cooperation of the commissioner of administration, shall make copies of the plan file, maps, and tables available to the public for the cost of publication. The revisor of statutes shall code a metes and bounds description of the districts in Minnesota Statutes.