Special Redistricting Panel Adopts Principles

On November 18, 2021, the Minnesota Special Redistricting Panel issued a court order adopting redistricting principles. These principles will be used by parties to the redistricting litigation and the court panel to draw new redistricting maps. If the state legislature fails to adopt new maps, the panel’s maps will be used for the 2022 elections.

While the panel adhered to established precedent, it did adopt some changes from the principles adopted during the last redistricting cycle ten years ago.

Minority Representation

The panel clarified that minority representation is protected “whether alone or in alliance with others.” The panel explained that racial, language, and ethnic minority voters have the “right to participate effectively in the political process.” The panel also explained that effective participation includes the ability of voters from one minority group to form a coalition around similar interests with another minority group. This is the first time that coalition districts have been explicitly adopted as part of a redistricting principle in Minnesota.

American Indian Reservations

For the first time in Minnesota’s redistricting history, the panel adopted a principle preserving American Indian reservations in recognition of their “inherent sovereign authority.” This authority is acknowledged because American Indian reservations are part of each tribe’s “absolute right to existence, self-governance, and self-determination.” While previous panels have respected American Indian reservations in previous redistricting cycles, this is the first time the preservation of American Indian reservations has been explicitly adopted as a principle. It also may be the first time ever in U.S. history, as even states that recognize American Indian reservations during the redistricting process analyze reservations as a community of interest or a political subdivision, rather than as a sovereign entity.

Compactness

The panel also adopted compactness as a traditional redistricting criteria. But unlike previous cycles, the panel explicitly stated that compactness is subordinate to all other principles. The panel reasoned that no federal or state law requires compactness, nor that compactness necessarily benefits Minnesotans. The court recognized that compactness as a scientific and mathematical measure seeks districts that are perfectly circular or square. But Minnesotans do not live in circles or squares, but in communities. The panel recognized that compactness is still a useful measure, but made clear that it was a consideration subordinate to other principles.

Incumbents, Candidates, and Political Parties

The panel also adopted an explicit principle that districts “must not be drawn with the purpose of protecting, promoting, or defeating any incumbent, candidate, or political party.” This is the first time that a redistricting panel has explicitly adopted such a principle. Additionally, the panel decided that it “will not draw districts based on the residence of incumbent officeholders.” This is a change from previous redistricting cycles, where the panels examined whether and how many incumbents were paired into a single district. The panel made this change because “districts do not exist for the benefit of any particular legislator” or “any political party.”

The court order adopting principles is available on the judicial branch website. The parties had oral arguments on proposed principles on November 3, 2021, a recording of which is available on YouTube.

Parties to the redistricting litigation must submit proposed congressional and legislative maps to the panel before December 7, 2021.