Minnesota Administrative Rules

CHAPTER 8255, REDISTRICTING

SECRETARY OF STATE

8255.0010 ALTERNATE DATES FOR COMPLETION OF LOCAL REDISTRICTING.

If the adoption of the legislative redistricting plan or the resolution of any court challenge to the legislative redistricting plan occurs less than 19 weeks before the state primary, in a year ending in two, the following schedule for reestablishment of precinct boundaries and election districts must be followed:

A.

Precincts must be reestablished no later than 28 days after the adoption of the legislative plan.

B.

Wards must be redistricted no later than 28 days after the adoption of the legislative plan.

C.

Local government election districts must be redistricted no later than 42 days after adoption of the legislative plan.

When a municipality completes the reestablishment of precinct boundaries, the municipal clerk shall immediately provide the secretary of state, county auditor, and all school districts with territory in the municipality a copy of a map illustrating the precinct boundaries.

Statutory Authority:

MS s 204B.14

History:

16 SR 2026; 25 SR 616

Published Electronically:

February 1, 2005

8255.0015 COORDINATION OF REESTABLISHMENT OF PRECINCT BOUNDARIES.

After redistricting, a municipality must obtain maps of the school districts located wholly or partially in the municipality before the municipality reestablishes its precinct boundaries. A municipality must obtain the school district maps no later than 21 days after the adoption of the legislative plan.

Statutory Authority:

MS s 204B.14

History:

25 SR 616

Published Electronically:

February 1, 2005

8255.0020 ESTABLISHMENT OF PRECINCT BOUNDARIES LACKING RECOGNIZABLE PHYSICAL FEATURES.

If recognizable physical features are unavailable for use as precinct boundaries, or if establishment of a precinct boundary along a school district boundary which does not follow a recognizable physical feature is desired, the county or municipal governing body may establish precinct boundaries lacking a recognizable physical feature. A precinct boundary lacking a recognizable physical feature must be established as provided in this part.

Two precincts may be formed which share a boundary that is not located on a recognizable physical feature. However, the boundary of the two precincts combined must be entirely located on recognizable physical features or jurisdictional boundaries.

The governing body of a municipality, or of a county for precincts in unorganized territory, may use, in whole or in part, the jurisdictional boundary of the municipality, unorganized territory, or county as a precinct boundary.

If two precincts are divided by a boundary not located on a recognizable physical feature as provided in this part, the two precincts must be named to reflect a relationship for the purpose of reporting election results, for example: "precinct 1A and precinct 1B." Two precincts that are divided by a congressional district boundary may be named in the same manner and may use a single polling place as provided in Minnesota Statutes, section 204B.16, subdivision 2.

Statutory Authority:

MS s 204B.14

History:

16 SR 2026; 17 SR 351

Published Electronically:

February 1, 2005

8255.0025 CORRECTION OF PRECINCT BOUNDARIES NOT BASED ON RECOGNIZABLE PHYSICAL FEATURES.

The secretary of state shall monitor precinct boundaries within the state. If a precinct boundary is not in compliance with the requirements of Minnesota Statutes, section 204B.14, the secretary of state shall notify the county auditor or municipal clerk who established the boundary of the error and provide a map showing a suggested boundary that meets all statutory requirements. The governing body responsible for the precinct has 60 days from the time of notice to adopt the precinct boundary suggested by the secretary of state, or create another boundary that meets all statutory requirements. If the governing body fails to act within 60 days, the precinct boundary is, by default, the boundary suggested by the secretary of state.

Statutory Authority:

MS s 204B.14

History:

19 SR 593

Published Electronically:

February 1, 2005

8255.0030 POSTING NOTICE OF BOUNDARY CHANGES.

When a precinct boundary is reestablished or a local government election district boundary is redistricted under part 8255.0010, a notice and a detailed map showing the new precincts or districts must be posted at the locations and in the manner in items A to C.

A.

For precincts and wards established by a municipality, the notice prepared by the municipal clerk must be posted in the clerk's office. The notice may be posted in other conspicuous locations in the municipality, at the discretion of the clerk. The information posted must also be made available for public inspection at the office of the county auditor.

B.

For districts established by a county, the notice must be prepared by the county auditor and posted in the auditor's office. The county auditor shall provide a copy of the notice to each municipal clerk in the county. Each municipal clerk shall post the notice of county precincts and election districts.

C.

For precincts and districts established by school districts, the notice must be prepared by the school district clerk and posted in the clerk's office. The notice may be posted in other conspicuous locations in the school district, at the discretion of the clerk. The information posted must also be available for public inspection at the office of the county auditor.

The notices required by this part must be posted within 72 hours after the adoption of precinct or election district boundaries. The notices must remain posted until the day following the state general election in a year ending in two.

Statutory Authority:

MS s 204B.14

History:

16 SR 2026

Published Electronically:

February 1, 2005

8255.0040 PUBLISHED NOTIFICATION BY COUNTY AUDITOR.

When precincts are reestablished or local government election districts are redistricted under part 8255.0010, the county auditor shall publish a notice illustrating or describing the congressional, legislative, and county commissioner districts in the county in one or more qualified newspapers in the county. The publication must occur no later than 14 days after the redistricting of local government election districts is completed.

Statutory Authority:

MS s 204B.14

History:

16 SR 2026

Published Electronically:

February 1, 2005

8255.0050 NOTICE TO AFFECTED VOTERS.

When precinct boundaries are changed under part 8255.0010, the county auditor or municipal clerk shall notify each affected registered voter of the change at least one week prior to the state primary held after the change takes place.

Statutory Authority:

MS s 204B.14

History:

16 SR 2026

Published Electronically:

February 1, 2005