Minnesota 2025-2026 Regular Session

Minnesota House Bill HF550 Latest Draft

Bill / Engrossed Version Filed 02/26/2025

                            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:​
1​Article 1 Section 1.​
REVISOR	JFK H0550-1​HF550  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 Torkelson​02/13/2025​
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 Policy​02/26/2025​ 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.​
2​Article 1 Section 1.​
REVISOR	JFK H0550-1​HF550 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.​
3​Article 2 Section 1.​
REVISOR	JFK H0550-1​HF550 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.​
4​Article 2 Sec. 3.​
REVISOR	JFK H0550-1​HF550 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.​
5​Article 2 Sec. 3.​
REVISOR	JFK H0550-1​HF550 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​
6​Article 2 Sec. 4.​
REVISOR	JFK H0550-1​HF550 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.​
7​Article 2 Sec. 4.​
REVISOR	JFK H0550-1​HF550 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​
8​Article 2 Sec. 4.​
REVISOR	JFK H0550-1​HF550 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​
9​Article 2 Sec. 5.​
REVISOR	JFK H0550-1​HF550 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;​
10​Article 2 Sec. 5.​
REVISOR	JFK H0550-1​HF550 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.​
11​Article 2 Sec. 5.​
REVISOR	JFK H0550-1​HF550 FIRST ENGROSSMENT​ Page.Ln 1.9​BIPARTISAN REDISTRICTING COMMISSION...............................ARTICLE 1​
Page.Ln 3.25​
BIPARTISAN REDISTRICTING COMMISSION; STATUTORY​
IMPLEMENTATION.............................................................................ARTICLE 2​
1​
APPENDIX​
Article locations for H0550-1​