1.1 A bill for an act 1.2 relating to the legislature; proposing an amendment to the Minnesota Constitution, 1.3 article IV, section 3; by adding an article XV; establishing a Bipartisan Redistricting 1.4 Commission; establishing principles to be used in adopting legislative and 1.5 congressional districts; amending Minnesota Statutes 2024, sections 2.93, 1.6 subdivisions 1, 2; 10A.01, subdivision 35; proposing coding for new law in 1.7 Minnesota Statutes, chapter 2. 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 ARTICLE 1 1.10 BIPARTISAN REDISTRICTING COMMISSION 1.11 Section 1. CONSTITUTIONAL AMENDMENTS PROPOSED. 1.12 An amendment to the Minnesota Constitution is proposed to the people. If the amendment 1.13is adopted, article IV, section 3, will read: 1.14 Sec. 3. At its first session after each enumeration of the inhabitants of this state made 1.15by the authority of the United States, the legislature shall have the power to prescribe the 1.16bounds of congressional and legislative districts. Senators shall be chosen by single districts 1.17of convenient contiguous territory. No representative district shall be divided in the formation 1.18of a senate district. The senate districts shall be numbered in a regular series. A senate 1.19district must consist of two whole representative districts, labeled "A" and "B," respectively. 1.20 Article XV shall be added to read: 1Article 1 Section 1. REVISOR JFK H0550-1HF550 FIRST ENGROSSMENT State of Minnesota This Document can be made available in alternative formats upon request HOUSE OF REPRESENTATIVES H. F. No. 550 NINETY-FOURTH SESSION Authored by Torkelson02/13/2025 The bill was read for the first time and referred to the Committee on Elections Finance and Government Operations Adoption of Report: Amended and re-referred to the Committee on State Government Finance and Policy02/26/2025 2.1 ARTICLE XV 2.2 BIPARTISAN REDISTRICTING COMMISSION 2.3 Section 1. By December 31, 2031, and by December 31 of each year following a federal 2.4decennial census thereafter, a Bipartisan Redistricting Commission shall adopt boundaries 2.5of congressional and legislative districts. The commission is established within the legislative 2.6department and consists of members appointed as follows: 2.7 (1) two members must be appointed by the leader of the largest political party caucus 2.8of the house of representatives; 2.9 (2) two members must be appointed by the leader of the second largest political party 2.10caucus of the house of representatives; 2.11 (3) two members must be appointed by the leader of the largest political party caucus 2.12of the senate; and 2.13 (4) two members must be appointed by the leader of the second largest political party 2.14caucus of the senate. 2.15 Sec. 2. The following individuals are ineligible to serve on the Bipartisan Redistricting 2.16Commission: 2.17 (1) current federal, state, or local elected officials, and their immediate family members; 2.18and 2.19 (2) current appointed officials who are otherwise defined by law as public officials and 2.20their immediate family members. 2.21 Sec. 3. The commission must elect a chair, vice-chair, and other officers from among 2.22its members, and may establish procedures to govern the conduct of its work, as it determines 2.23necessary. A quorum of the commission is five members. The affirmative vote of six 2.24members, including at least one member appointed by each appointing authority, is required 2.25for the commission to adopt a redistricting plan. 2.26 A redistricting plan adopted by the commission is effective beginning at the state general 2.27election held the second year following the federal decennial census and thereafter, until 2.28new district plans are adopted. The commission expires when both legislative and 2.29congressional redistricting plans have been adopted and filed with the secretary of state, 2.30but may be reconstituted as provided by this constitution. 2Article 1 Section 1. REVISOR JFK H0550-1HF550 FIRST ENGROSSMENT 3.1 Following adoption of a redistricting plan, the commission may convene to make technical 3.2corrections to the plan, until 25 weeks before the state primary election in the year ending 3.3in two. 3.4 Sec. 4. The supreme court shall have exclusive, original jurisdiction in all cases alleging 3.5that a redistricting plan adopted by the commission fails to comply with this article or other 3.6applicable law. The commission shall have exclusive standing to defend any action 3.7challenging the adoption of a redistricting plan and, notwithstanding its expiration, may 3.8reconstitute itself under its own authority for this purpose. 3.9 If the supreme court or other court of jurisdiction determines that an adopted redistricting 3.10plan does not comply with the requirements of this article or other applicable law, the 3.11commission may be reconstituted by court order, or may reconstitute itself under its own 3.12authority, for the purpose of adopting a compliant plan. The membership of the reconstituted 3.13commission must be the same membership that adopted the noncompliant plan. If, after the 3.14commission has been reconstituted, the court finds that a newly adopted redistricting plan 3.15does not comply with the requirements of this article, the court may order other appropriate 3.16relief, including drawing and ordering new districts under the court's own authority. 3.17 Sec. 2. SUBMISSION TO VOTERS. 3.18 The proposed amendment must be submitted to the people at the 2026 state general 3.19election. The question submitted must be: 3.20 "Shall the Minnesota Constitution be amended to establish a Bipartisan Redistricting 3.21Commission, to adopt the boundaries of legislative and congressional districts after each 3.22decennial census? 3.23 Yes ................... "3.24 No .................... 3.25 ARTICLE 2 3.26 BIPARTISAN REDISTRICTING COMMISSION; STATUTORY 3.27 IMPLEMENTATION 3.28 Section 1. Minnesota Statutes 2024, section 2.93, subdivision 1, is amended to read: 3.29 Subdivision 1.Definitions.(a) For the purposes of this section, the definitions have the 3.30meanings given. 3.31 (b) "Bipartisan Redistricting Commission" means the Bipartisan Redistricting 3.32Commission established by the Minnesota Constitution, article XV, and section 2.95. 3Article 2 Section 1. REVISOR JFK H0550-1HF550 FIRST ENGROSSMENT 4.1 (b) (c) "Commissioner" means the commissioner of corrections. 4.2 (c) (d) "Director" means the director of the Legislative Coordinating Commission. 4.3 (d) (e) "Legislative Coordinating Commission" means the Legislative Coordinating 4.4Commission established in section 3.303. 4.5 Sec. 2. Minnesota Statutes 2024, section 2.93, subdivision 2, is amended to read: 4.6 Subd. 2.Reallocation and exclusion of incarcerated persons.(a) For purposes of 4.7drawing congressional, legislative, and all other election districts, the legislature Bipartisan 4.8Redistricting Commission and local governments must use the population from the federal 4.9decennial census as modified by reallocating and excluding persons who are incarcerated. 4.10 (b) A person who was incarcerated in a state or federal correctional facility, as determined 4.11by the decennial census, and who has a last known address in Minnesota must be reallocated 4.12to the census block of the last known address. 4.13 (c) A person who was incarcerated in a state or federal correctional facility, as determined 4.14by the decennial census, and who has a last known address outside of Minnesota or does 4.15not have a last known address must: 4.16 (1) be excluded from the population count for purposes of drawing congressional, 4.17legislative, or political subdivision districts; and 4.18 (2) be counted as part of the statewide population total. 4.19 Sec. 3. [2.94] DISTRICTING PRINCIPLES. 4.20 Subdivision 1.Applicability.The principles in this section apply to legislative and 4.21congressional districts. The Bipartisan Redistricting Commission established by the 4.22Minnesota Constitution, article XV, may adopt additional principles to be used in drawing 4.23districts. Additional principles adopted by the commission must not conflict with those 4.24identified in this section. 4.25 Subd. 2.Nesting.A representative district may not be divided in the formation of a 4.26senate district. 4.27 Subd. 3.Equal population.(a) Legislative districts must be substantially equal in 4.28population. The population of a legislative district must not deviate from the ideal by more 4.29than 0.5 percent, plus or minus. 4.30 (b) Congressional districts must be as nearly equal in population as practicable. 4Article 2 Sec. 3. REVISOR JFK H0550-1HF550 FIRST ENGROSSMENT 5.1 Subd. 4.Contiguity; compactness.Districts must be composed of convenient, contiguous 5.2territory. To the extent consistent with the other principles in this section, districts should 5.3be compact. Contiguity by water is sufficient if the water is not a serious obstacle to travel 5.4within the district. Point contiguity is not sufficient. 5.5 Subd. 5.Numbering.(a) Legislative districts must be numbered in a regular series, 5.6beginning with house district 1A in the northwest corner of the state and proceeding across 5.7the state from west to east, north to south, but bypassing the 11-county metropolitan area 5.8until the southeast corner has been reached; then to the 11-county metropolitan area outside 5.9the cities of Minneapolis and St. Paul; then in Minneapolis and St. Paul. 5.10 (b) Congressional district numbers must begin with district one in the southeast corner 5.11of the state and end with district eight in the northeast corner of the state. 5.12 Subd. 6.Minority representation.(a) The dilution of racial or ethnic minority voting 5.13strength is contrary to the laws of the United States and the state of Minnesota. These 5.14principles must not be construed to supersede any provision of the Voting Rights Act of 5.151965, as amended. 5.16 (b) A redistricting plan must not have the intent or effect of dispersing or concentrating 5.17minority population in a manner that prevents minority communities from electing their 5.18candidates of choice. 5.19 Subd. 7.Minor civil divisions.(a) A county, city, or town must not be unduly divided 5.20unless required to meet equal population requirements or to form districts composed of 5.21convenient, contiguous territory. 5.22 (b) A county, city, or town is not unduly divided in the formation of a legislative or 5.23congressional district if: 5.24 (1) the division occurs because a portion of a city or town is noncontiguous with another 5.25portion of the same city or town; or 5.26 (2) despite the division, the known population of any affected county, city, or town 5.27remains wholly located within a single district. 5.28 Subd. 8.Preserving communities of interest.(a) Districts should attempt to preserve 5.29identifiable communities of interest where that can be done in compliance with the principles 5.30under this section. 5.31 (b) For purposes of this subdivision, "communities of interest" means recognizable areas 5.32with similarities of interests, including but not limited to racial, ethnic, geographic, social, 5.33or cultural interests. 5Article 2 Sec. 3. REVISOR JFK H0550-1HF550 FIRST ENGROSSMENT 6.1 Subd. 9.Incumbents.Districts must not be drawn for the purpose of protecting or 6.2defeating an incumbent. 6.3 Subd. 10.Priority of principles.Where it is not possible to fully comply with the 6.4principles contained in subdivisions 2 to 9, a redistricting plan must give priority to those 6.5principles in the order in which they are listed in this section, except to the extent that doing 6.6so would violate federal or state law. Additional principles adopted by the Bipartisan 6.7Redistricting Commission may only be used if all other principles identified in this section 6.8have already been successfully applied to a proposed map. 6.9 EFFECTIVE DATE.This section is effective the day following final enactment and 6.10applies to any plan for districts enacted or established for use on or after that date. 6.11 Sec. 4. [2.95] BIPARTISAN REDISTRICTING COMMISSION. 6.12 Subdivision 1.Application.This section establishes and implements the Bipartisan 6.13Redistricting Commission consistent with article XV of the Minnesota Constitution. Except 6.14where otherwise provided: 6.15 (1) the terms used in this section are defined consistently with those as used in the 6.16Minnesota Constitution, article XV; and 6.17 (2) the dates referenced in this section refer to those dates in the year following a federal 6.18decennial census. 6.19 Subd. 2.Appointments; first meeting; compensation and removal.(a) No later than 6.20October 15 of the year of a decennial census, the appointing authorities identified in article 6.21XV of the Minnesota Constitution must make their appointments of commission members. 6.22 (b) No later than November 15 of the year of a decennial census, a member designated 6.23by the leader of the largest political party caucus of the house must convene the first meeting 6.24of the commission. The designee must preside at commission meetings until a commission 6.25chair is elected. The commission must be fully seated and must elect a chair and other 6.26officers from among all appointed members no later than 60 days following its first meeting. 6.27 (c) Members of the commission are entitled to compensation and expense reimbursement, 6.28consistent with the amounts provided by section 15.0575, subdivision 3. 6.29 (d) A member of the commission may only be removed for cause by a vote of six 6.30members, including the vote of at least one member appointed by each appointing authority. 6.31 Subd. 3.Ethics; conflicts of interest; ex parte communications.(a) Members of the 6.32commission are public officials for purposes of chapter 10A. In addition to the prohibitions 6Article 2 Sec. 4. REVISOR JFK H0550-1HF550 FIRST ENGROSSMENT 7.1in section 10A.071, a member of the commission may not accept a gift as defined in that 7.2section from a member of the legislature, a member of Congress, or a staff member to a 7.3member of the legislature or Congress. 7.4 (b) Members of the commission may not communicate with a member of the legislature, 7.5a member of Congress, or a staff member to a member of the legislature or Congress, about 7.6the commission's work. A staff member to a member of the legislature may communicate 7.7with a staff member to the commission to the extent required to fulfill a duty of the 7.8constitution or this chapter. 7.9 (c) The prohibitions in this subdivision apply during the period beginning at the time of 7.10the member's appointment and until the commission has adopted and filed its redistricting 7.11plans with the secretary of state, and during any period in which the commission is 7.12reconstituted pursuant to its own authority or by court order. A member of the legislature, 7.13a member of Congress, or a staff member to a member of the legislature or Congress may 7.14not give a gift, promise a future gift, or engage in communication that a commission member 7.15is prohibited from receiving under this subdivision, and may not request another person to 7.16give a gift, promise a future gift, or engage in communication with a commission member, 7.17directly or indirectly, in an attempt to circumvent the prohibitions of this subdivision. 7.18 Subd. 4.Open meetings; data practices.The commission is subject to chapters 13 and 7.1913D. A map proposal that is created by the commission or its staff, and any communications 7.20or supporting data associated with a map proposal, are nonpublic data as defined in section 7.2113.02, subdivision 9, until the map proposal is presented to the commission in a public 7.22meeting. Supporting data do not include preliminary drafts of a map proposal or 7.23communications related to a preliminary draft. The commission may disclose any of its data 7.24at any time if disclosure would aid the commission in considering and preparing proposals. 7.25 Subd. 5.Schedule of hearings; public hearing and administrative procedures.The 7.26commission must adopt a schedule of public meetings and necessary hearing and 7.27administrative procedures to guide the conduct of its work. The schedule and procedures 7.28must be posted on the commission's website. The schedule and procedures are not rules for 7.29purposes of chapter 14, and section 14.386 does not apply. 7.30 Subd. 6.General powers; staffing and professional services.(a) The commission has 7.31the powers necessary to carry out its responsibilities as required by the constitution and this 7.32chapter. The commission may employ nonpartisan staff and enter other agreements to secure 7.33necessary legal counsel, information technology, geographic information systems, and other 7.34administrative, professional, and technical services as the commission deems necessary. 7Article 2 Sec. 4. REVISOR JFK H0550-1HF550 FIRST ENGROSSMENT 8.1 (b) Prior to January 1 in the year of the decennial census, the director of the Legislative 8.2Coordinating Commission must contract with a consultant to provide the commission with 8.3operational and logistical support. The Legislative Coordinating Commission must assist 8.4the commission in hiring additional staff and securing adequate office and meeting space. 8.5 Subd. 7.Data to be used.(a) The geographic areas and population counts used in maps, 8.6tables, and legal descriptions of legislative and congressional districts must be those used 8.7by the Geographic Information Services (GIS) Office of the Legislative Coordinating 8.8Commission, as adjusted by the reallocation and exclusion of incarcerated persons as 8.9provided by section 2.93. The population counts must be the block population counts 8.10provided to the state under Public Law 94-171 after each decennial census, subject to 8.11correction of any errors acknowledged by the United States Census Bureau. Both the 8.12commission and the GIS Office must make this data available to the public on their websites. 8.13 (b) A redistricting plan must not be considered for adoption until the plan's block 8.14equivalency file has been submitted to the GIS Office in a form prescribed by the GIS 8.15Office. The block equivalency file must show the district to which each census block has 8.16been assigned. 8.17 Subd. 8.Technical review and corrections.(a) The commission must engage in a 8.18technical review of a redistricting plan prior to its adoption. A technical review includes 8.19ensuring that the plan encompasses all the territory of this state and that no territory is 8.20omitted or duplicated. No later than 25 weeks before the state primary election in the year 8.21ending in two, the commission may amend an adopted plan for the purpose of making 8.22technical corrections as necessary to meet the following principles: 8.23 (1) if a territory in this state is not named in the redistricting plan but lies within the 8.24boundaries of a district, it is a part of the district within which it lies; 8.25 (2) if a territory in this state is not named in the redistricting plan but lies between the 8.26boundaries of two or more districts, it is a part of the contiguous district having the smallest 8.27population; 8.28 (3) if a territory in this state is assigned in the redistricting plan to two or more districts, 8.29it is a part of the district having the smallest population; 8.30 (4) if a territory in this state is assigned to a district that consists of other territory 8.31containing a majority of the population of the district but with which it is not contiguous, 8.32the territory is a part of the contiguous district having the smallest population; and 8Article 2 Sec. 4. REVISOR JFK H0550-1HF550 FIRST ENGROSSMENT 9.1 (5) if the description of a district boundary line that divides a political subdivision is 9.2ambiguous because a highway, street, railroad track, power transmission line, river, creek, 9.3or other physical feature or census block boundary that forms part of the district boundary 9.4is omitted or is not properly named or has been changed, or because a compass direction 9.5for the boundary line is wrong, the commission may add or correct the name or compass 9.6direction and resolve the ambiguity in favor of creating districts of contiguous territory of 9.7substantially equal population that do not divide political subdivisions more than is necessary 9.8to meet constitutional requirements. 9.9 (b) In addition to meeting the principles described in paragraph (a), at a meeting where 9.10a redistricting plan is proposed for final adoption, the commission may adopt amendments 9.11to the plan for the purpose of incorporating any technical corrections that may be 9.12recommended by the secretary of state. 9.13 (c) The affirmative vote of at least six members of the commission, including one 9.14appointed by each appointing authority, is necessary to adopt technical corrections to a 9.15redistricting plan. 9.16 (d) If a technical error in a redistricting plan is discovered after the commission has 9.17dissolved, the chief administrative law judge, after notifying the secretary of state, the 9.18Legislative Coordinating Commission, and the chief justice of the supreme court, may order 9.19a correction consistent with the principles listed in this subdivision. The chief administrative 9.20law judge must provide a copy of each correction order to each affected county auditor and 9.21municipal clerk. 9.22 Subd. 9.Duty of secretary of state.The secretary of state shall provide copies of the 9.23relevant portions of a filed redistricting plan to each county auditor, who shall provide a 9.24copy of the relevant portions of the plan to each municipal clerk within the county. The 9.25secretary of state, with the cooperation of the commissioner of administration, shall make 9.26copies of the plan file, maps, and tables available to the public for the cost of publication. 9.27 EFFECTIVE DATE.If the constitutional amendments in article 1 are adopted, this 9.28section is effective January 1, 2030, and applies to the 2030 redistricting cycle and thereafter. 9.29 Sec. 5. Minnesota Statutes 2024, section 10A.01, subdivision 35, is amended to read: 9.30 Subd. 35.Public official."Public official" means any: 9.31 (1) member of the legislature; 9.32 (2) individual employed by the legislature as secretary of the senate, legislative auditor, 9.33director of the Legislative Budget Office, chief clerk of the house of representatives, revisor 9Article 2 Sec. 5. REVISOR JFK H0550-1HF550 FIRST ENGROSSMENT 10.1of statutes, or researcher, legislative analyst, fiscal analyst, or attorney in the Office of 10.2Senate Counsel, Research and Fiscal Analysis, House Research, or the House Fiscal Analysis 10.3Department; 10.4 (3) constitutional officer in the executive branch and the officer's chief administrative 10.5deputy; 10.6 (4) solicitor general or deputy, assistant, or special assistant attorney general; 10.7 (5) commissioner, deputy commissioner, or assistant commissioner of any state 10.8department or agency as listed in section 15.01 or 15.06, or the state chief information 10.9officer; 10.10 (6) member, chief administrative officer, or deputy chief administrative officer of a state 10.11board or commission that has either the power to adopt, amend, or repeal rules under chapter 10.1214, or the power to adjudicate contested cases or appeals under chapter 14; 10.13 (7) individual employed in the executive branch who is authorized to adopt, amend, or 10.14repeal rules under chapter 14 or adjudicate contested cases under chapter 14; 10.15 (8) executive director of the State Board of Investment; 10.16 (9) deputy of any official listed in clauses (7) and (8); 10.17 (10) judge of the Workers' Compensation Court of Appeals; 10.18 (11) administrative law judge or compensation judge in the State Office of Administrative 10.19Hearings or unemployment law judge in the Department of Employment and Economic 10.20Development; 10.21 (12) member, regional administrator, division director, general counsel, or operations 10.22manager of the Metropolitan Council; 10.23 (13) member or chief administrator of a metropolitan agency; 10.24 (14) director of the Division of Alcohol and Gambling Enforcement in the Department 10.25of Public Safety; 10.26 (15) member or executive director of the Higher Education Facilities Authority; 10.27 (16) member of the board of directors or president of Enterprise Minnesota, Inc.; 10.28 (17) member of the board of directors or executive director of the Minnesota State High 10.29School League; 10.30 (18) member of the Minnesota Ballpark Authority established in section 473.755; 10Article 2 Sec. 5. REVISOR JFK H0550-1HF550 FIRST ENGROSSMENT 11.1 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources; 11.2 (20) manager of a watershed district, or member of a watershed management organization 11.3as defined under section 103B.205, subdivision 13; 11.4 (21) supervisor of a soil and water conservation district; 11.5 (22) director of Explore Minnesota Tourism; 11.6 (23) citizen member of the Lessard-Sams Outdoor Heritage Council established in section 11.797A.056; 11.8 (24) citizen member of the Clean Water Council established in section 114D.30; 11.9 (25) member or chief executive of the Minnesota Sports Facilities Authority established 11.10in section 473J.07; 11.11 (26) district court judge, appeals court judge, or supreme court justice; 11.12 (27) county commissioner; 11.13 (28) member of the Greater Minnesota Regional Parks and Trails Commission; 11.14 (29) member of the Destination Medical Center Corporation established in section 11.15469.41; or 11.16 (30) chancellor or member of the Board of Trustees of the Minnesota State Colleges 11.17and Universities; or 11.18 (31) member of the Bipartisan Redistricting Commission. 11.19 EFFECTIVE DATE.If the constitutional amendments in article 1 are adopted, this 11.20section is effective January 1, 2030, and applies to the 2030 redistricting cycle and thereafter. 11Article 2 Sec. 5. REVISOR JFK H0550-1HF550 FIRST ENGROSSMENT Page.Ln 1.9BIPARTISAN REDISTRICTING COMMISSION...............................ARTICLE 1 Page.Ln 3.25 BIPARTISAN REDISTRICTING COMMISSION; STATUTORY IMPLEMENTATION.............................................................................ARTICLE 2 1 APPENDIX Article locations for H0550-1