Bill Text: MN SF5 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Legislative and congressional districts redistricting principles and commission
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2011-02-07 - Author added Reinert [SF5 Detail]
Download: Minnesota-2011-SF5-Introduced.html
1.2relating to elections; establishing districting principles for legislative and
1.3congressional plans; providing for appointment of a commission to recommend
1.4the boundaries of legislative and congressional districts; appropriating money;
1.5amending Minnesota Statutes 2010, section 2.021; proposing coding for new law
1.6in Minnesota Statutes, chapter 2; repealing Minnesota Statutes 2010, section
1.72.031.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 2.021, is amended to read:
1.102.021NUMBER OF MEMBERS DISTRICTING PRINCIPLES.
1.11 Subdivision 1. Number of districts.For each legislature, until a new apportionment
1.12shall have been made, (a) The senate is composed of 67 members and the house of
1.13representatives is composed of 134 members. The membership is apportioned throughout
1.14the state in 67 senate districts and 134 house districts. Each senate district is entitled to
1.15elect one senator and each house district is entitled to elect one representative.
1.16(b) A plan for congressional districts must have the number of districts apportioned
1.17to this state by the United States, each entitled to elect a single member.
1.18 Subd. 2. Nesting. A representative district may not be divided in the formation
1.19of a senate district.
1.20 Subd. 3. Equal population. (a) Legislative districts must be substantially equal
1.21in population. The population of a legislative district must not deviate from the ideal
1.22by more than two percent, plus or minus.
1.23 (b) Congressional districts must be as nearly equal in population as practicable.
1.24 Subd. 4. Contiguity; compactness. The districts must be composed of convenient
1.25contiguous territory structured into compact units. Contiguity by water is sufficient.
2.1Territory that touches only at a point is not contiguous, unless the territory is within the
2.2same city or town.
2.3 Subd. 5. Numbering. (a) The legislative districts must be numbered in a regular
2.4series, beginning with house district 1A in the northwest corner of the state and proceeding
2.5across the state from west to east, north to south, but bypassing the seven-county
2.6metropolitan area until the southeast corner has been reached; then to the seven-county
2.7metropolitan area outside the counties of Hennepin and Ramsey; then in Hennepin and
2.8finally in Ramsey.
2.9 (b) The congressional district numbers must begin with district one in the southeast
2.10corner of the state and end with the district with the highest number in the northeast
2.11corner of the state.
2.12 Subd. 6. Minority representation. The districts must not dilute the voting strength
2.13of racial or language minority populations. Where a concentration of a racial or language
2.14minority makes it possible and it can be done in compliance with the other principles
2.15in this section, the districts must increase the probability that members of the minority
2.16will be elected.
2.17 Subd. 7. Preserving political subdivisions. A county, city, or town must not
2.18be divided into more than one district except as necessary to meet equal population
2.19requirements or to form districts that are composed of convenient, contiguous, and
2.20compact territory. When a county, city, or town must be divided into more than one
2.21district, it should be divided into as few districts as possible.
2.22 Subd. 8. Communities of interest. The districts should attempt to preserve
2.23communities of interest where that can be done in compliance with the preceding
2.24principles. For purposes of this principle, "communities of interest" include, but are
2.25not limited to, geographic areas where there are clearly recognizable similarities of
2.26social, political, cultural, ethnic, or economic interests, or that are linked by common
2.27transportation or communication.
2.28 Subd. 9. Political competitiveness. The districts must be created to encourage
2.29political competitiveness, as defined by the commission established under section 2.025.
2.30 Subd. 10. Incumbents. The districts must not be drawn for the purpose of
2.31protecting or defeating an incumbent.
2.32 Subd. 11. Priority. Where it is not possible to fully comply with the principles
2.33provided in subdivisions 1 to 10, a redistricting plan must give priority to those principles
2.34in the order in which the subdivisions are listed in this section, except to the extent that
2.35doing so would violate federal or state law.
3.1 Sec. 2. [2.025] REDISTRICTING COMMISSION.
3.2 Subdivision 1. Appointment. By March 1 of each year ending in one, the leaders of
3.3the legislature shall appoint a redistricting commission as provided in this subdivision
3.4to draw the boundaries of legislative and congressional districts in accordance with the
3.5principles established in section 2.021. The commission consists of five retired judges of
3.6the appellate or district courts of this state who have not served in a party designated or
3.7party endorsed position, such as legislator. The majority leader of the senate, the minority
3.8leader of the senate, the speaker of the house, and the minority leader of the house shall
3.9each appoint one judge, after consulting with each other in an effort to attain geographic
3.10balance in their appointments. If an appointing authority fails to make an appointment by
3.11the deadline, the vacancy must be filled by appointment by the chief justice of the Supreme
3.12Court no later than March 8 of that year. The director of the Legislative Coordinating
3.13Commission shall convene a meeting of the four judges no later than March 15 of that
3.14year, at which meeting the four judges thus appointed shall, by a vote of at least three
3.15judges, choose the fifth judge. The five judges shall select one of their number to serve as
3.16chair of the commission.
3.17 Subd. 2. Code of conduct. In performing their duties, the members of the
3.18commission shall abide by the Code of Judicial Conduct and are considered judicial
3.19officers within the meaning of section 609.415.
3.20 Subd. 3. Compensation and expenses. Members of the commission must be
3.21compensated for their commission activity as provided in section 15.0575, subdivision 3.
3.22 Subd. 4. Administrative support. The Legislative Coordinating Commission shall
3.23provide administrative support to the commission.
3.24 Subd. 5. Plans submitted to commission. The commission shall adopt a schedule
3.25for interested persons to submit proposed plans to the commission and to respond to
3.26plans proposed by others. The commission shall adopt standards to govern the format
3.27of plans submitted to it.
3.28 Subd. 6. Public hearings. The commission shall hold at least three public hearings
3.29in different geographical regions of the state before adopting the first redistricting plans.
3.30 Subd. 7. Deadlines. (a) The commission shall submit to the legislature by April 30
3.31of the year ending in one redistricting plans for legislative and congressional seats. Either
3.32of these plans may be enacted or rejected by the legislature, but not modified.
3.33(b) If a first plan submitted by the commission is rejected by the legislature, the
3.34commission shall submit a second plan within two weeks after the rejection, unless by
3.35then the legislature has rejected the first plan and adjourned the regular session in the year
3.36ending in one, in which case the second plan must be submitted to the legislature at the
4.1opening of its regular session in the year ending in two. A second plan may be enacted or
4.2rejected by the legislature, but not modified.
4.3(c) If the commission fails to submit a plan by either of these two deadlines, the
4.4legislature may proceed to enact a plan in place of the missing plan without waiting for
4.5the commission to submit a plan.
4.6(d) If a second plan is rejected by the legislature, the commission shall submit a third
4.7plan within two weeks after the rejection, unless the second plan was rejected by the
4.8legislature at its regular session in the year ending in one and the legislature adjourned the
4.9regular session in the year ending in one less than two weeks after it rejected the second
4.10plan, in which case the third plan must be submitted to the legislature at the opening of its
4.11regular session in the year ending in two. The third plan may be enacted as submitted,
4.12rejected, or enacted as modified by the legislature.
4.13 Subd. 8. Expiration. The commission expires when both legislative and
4.14congressional redistricting plans have been enacted into law or adopted by court order, or
4.15upon adjournment sine die of the legislature at its first regular session after each federal
4.16decennial census, whichever occurs first.
4.17 Sec. 3. APPROPRIATION.
4.18$141,000 is appropriated from the general fund to the Legislative Coordinating
4.19Commission to pay the expenses of the redistricting commission created by this act, to be
4.20available until June 30, 2011. The appropriation base is $47,000 for fiscal year 2012 and
4.21zero for fiscal year 2013.
4.22 Sec. 4. REPEALER.
4.23Minnesota Statutes 2010, section 2.031, is repealed.
1.3congressional plans; providing for appointment of a commission to recommend
1.4the boundaries of legislative and congressional districts; appropriating money;
1.5amending Minnesota Statutes 2010, section 2.021; proposing coding for new law
1.6in Minnesota Statutes, chapter 2; repealing Minnesota Statutes 2010, section
1.72.031.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 2.021, is amended to read:
1.102.021
1.11 Subdivision 1. Number of districts.
1.12
1.13representatives is composed of 134 members. The membership is apportioned throughout
1.14the state in 67 senate districts and 134 house districts. Each senate district is entitled to
1.15elect one senator and each house district is entitled to elect one representative.
1.16(b) A plan for congressional districts must have the number of districts apportioned
1.17to this state by the United States, each entitled to elect a single member.
1.18 Subd. 2. Nesting. A representative district may not be divided in the formation
1.19of a senate district.
1.20 Subd. 3. Equal population. (a) Legislative districts must be substantially equal
1.21in population. The population of a legislative district must not deviate from the ideal
1.22by more than two percent, plus or minus.
1.23 (b) Congressional districts must be as nearly equal in population as practicable.
1.24 Subd. 4. Contiguity; compactness. The districts must be composed of convenient
1.25contiguous territory structured into compact units. Contiguity by water is sufficient.
2.1Territory that touches only at a point is not contiguous, unless the territory is within the
2.2same city or town.
2.3 Subd. 5. Numbering. (a) The legislative districts must be numbered in a regular
2.4series, beginning with house district 1A in the northwest corner of the state and proceeding
2.5across the state from west to east, north to south, but bypassing the seven-county
2.6metropolitan area until the southeast corner has been reached; then to the seven-county
2.7metropolitan area outside the counties of Hennepin and Ramsey; then in Hennepin and
2.8finally in Ramsey.
2.9 (b) The congressional district numbers must begin with district one in the southeast
2.10corner of the state and end with the district with the highest number in the northeast
2.11corner of the state.
2.12 Subd. 6. Minority representation. The districts must not dilute the voting strength
2.13of racial or language minority populations. Where a concentration of a racial or language
2.14minority makes it possible and it can be done in compliance with the other principles
2.15in this section, the districts must increase the probability that members of the minority
2.16will be elected.
2.17 Subd. 7. Preserving political subdivisions. A county, city, or town must not
2.18be divided into more than one district except as necessary to meet equal population
2.19requirements or to form districts that are composed of convenient, contiguous, and
2.20compact territory. When a county, city, or town must be divided into more than one
2.21district, it should be divided into as few districts as possible.
2.22 Subd. 8. Communities of interest. The districts should attempt to preserve
2.23communities of interest where that can be done in compliance with the preceding
2.24principles. For purposes of this principle, "communities of interest" include, but are
2.25not limited to, geographic areas where there are clearly recognizable similarities of
2.26social, political, cultural, ethnic, or economic interests, or that are linked by common
2.27transportation or communication.
2.28 Subd. 9. Political competitiveness. The districts must be created to encourage
2.29political competitiveness, as defined by the commission established under section 2.025.
2.30 Subd. 10. Incumbents. The districts must not be drawn for the purpose of
2.31protecting or defeating an incumbent.
2.32 Subd. 11. Priority. Where it is not possible to fully comply with the principles
2.33provided in subdivisions 1 to 10, a redistricting plan must give priority to those principles
2.34in the order in which the subdivisions are listed in this section, except to the extent that
2.35doing so would violate federal or state law.
3.1 Sec. 2. [2.025] REDISTRICTING COMMISSION.
3.2 Subdivision 1. Appointment. By March 1 of each year ending in one, the leaders of
3.3the legislature shall appoint a redistricting commission as provided in this subdivision
3.4to draw the boundaries of legislative and congressional districts in accordance with the
3.5principles established in section 2.021. The commission consists of five retired judges of
3.6the appellate or district courts of this state who have not served in a party designated or
3.7party endorsed position, such as legislator. The majority leader of the senate, the minority
3.8leader of the senate, the speaker of the house, and the minority leader of the house shall
3.9each appoint one judge, after consulting with each other in an effort to attain geographic
3.10balance in their appointments. If an appointing authority fails to make an appointment by
3.11the deadline, the vacancy must be filled by appointment by the chief justice of the Supreme
3.12Court no later than March 8 of that year. The director of the Legislative Coordinating
3.13Commission shall convene a meeting of the four judges no later than March 15 of that
3.14year, at which meeting the four judges thus appointed shall, by a vote of at least three
3.15judges, choose the fifth judge. The five judges shall select one of their number to serve as
3.16chair of the commission.
3.17 Subd. 2. Code of conduct. In performing their duties, the members of the
3.18commission shall abide by the Code of Judicial Conduct and are considered judicial
3.19officers within the meaning of section 609.415.
3.20 Subd. 3. Compensation and expenses. Members of the commission must be
3.21compensated for their commission activity as provided in section 15.0575, subdivision 3.
3.22 Subd. 4. Administrative support. The Legislative Coordinating Commission shall
3.23provide administrative support to the commission.
3.24 Subd. 5. Plans submitted to commission. The commission shall adopt a schedule
3.25for interested persons to submit proposed plans to the commission and to respond to
3.26plans proposed by others. The commission shall adopt standards to govern the format
3.27of plans submitted to it.
3.28 Subd. 6. Public hearings. The commission shall hold at least three public hearings
3.29in different geographical regions of the state before adopting the first redistricting plans.
3.30 Subd. 7. Deadlines. (a) The commission shall submit to the legislature by April 30
3.31of the year ending in one redistricting plans for legislative and congressional seats. Either
3.32of these plans may be enacted or rejected by the legislature, but not modified.
3.33(b) If a first plan submitted by the commission is rejected by the legislature, the
3.34commission shall submit a second plan within two weeks after the rejection, unless by
3.35then the legislature has rejected the first plan and adjourned the regular session in the year
3.36ending in one, in which case the second plan must be submitted to the legislature at the
4.1opening of its regular session in the year ending in two. A second plan may be enacted or
4.2rejected by the legislature, but not modified.
4.3(c) If the commission fails to submit a plan by either of these two deadlines, the
4.4legislature may proceed to enact a plan in place of the missing plan without waiting for
4.5the commission to submit a plan.
4.6(d) If a second plan is rejected by the legislature, the commission shall submit a third
4.7plan within two weeks after the rejection, unless the second plan was rejected by the
4.8legislature at its regular session in the year ending in one and the legislature adjourned the
4.9regular session in the year ending in one less than two weeks after it rejected the second
4.10plan, in which case the third plan must be submitted to the legislature at the opening of its
4.11regular session in the year ending in two. The third plan may be enacted as submitted,
4.12rejected, or enacted as modified by the legislature.
4.13 Subd. 8. Expiration. The commission expires when both legislative and
4.14congressional redistricting plans have been enacted into law or adopted by court order, or
4.15upon adjournment sine die of the legislature at its first regular session after each federal
4.16decennial census, whichever occurs first.
4.17 Sec. 3. APPROPRIATION.
4.18$141,000 is appropriated from the general fund to the Legislative Coordinating
4.19Commission to pay the expenses of the redistricting commission created by this act, to be
4.20available until June 30, 2011. The appropriation base is $47,000 for fiscal year 2012 and
4.21zero for fiscal year 2013.
4.22 Sec. 4. REPEALER.
4.23Minnesota Statutes 2010, section 2.031, is repealed.
