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S.F. No. 1151 - Using Actual Residence for Redistricting Purposes
 
Author: Senator Jeff Hayden
 
Prepared By: Alexis C. Stangl, Senate Counsel (651/296-4397)
 
Date: March 3, 2015



 

S.F. No. 1151 provides that individuals incarcerated in a correctional facility at the time of a federal census are to be counted, for redistricting purposes, at their last known address in the state instead of at the address of the correctional facility.

Section 1 sets forth a process for using an inmate’s previous address for redistricting purposes, instead of the address of the correctional facility. Subdivision 1 adds a new headnote.

Subdivision 2 requires the Commissioner of Corrections, in the year of the federal census, to transfer to the Secretary of State a unique identifier for each incarcerated person in the jurisdiction on the date of the census. The identifier must not use the name or Offender Identification (OID) number and must be such that it is not possible for anyone outside the Department of Corrections to identify the inmate.  For each inmate, the Commissioner of Corrections must also provide:  the street address of the correctional facility where the individual was incarcerated; the last known address of the individual prior to incarceration; the person’s race, whether the person is of Hispanic or Latino origin, and whether the person is over the age of 18; and any additional information requested by the Secretary of State.  This data is treated as confidential and must not be disclosed by the Secretary of State except as redistricting data aggregated by census blocks.

Subdivision 3 requires the Secretary of State to request each agency that operates a federal facility to provide the information required in subdivision 2.

Subdivision 4 requires the Secretary of State to prepare redistricting population data to reflect incarcerated persons at their previous address. This data is the population basis for redistricting. Incarcerated individuals that have no known previous address within the state must not be used to determine ideal populations for districts. 

Subdivision 5 requires the Secretary of State to determine the geographic unit in which the each identified inmate was counted in at the address of the correctional facility and the unit of the individual’s address outside of the facility.  For each individual with a known address that is included in a report required by subdivision 2 or 3, the Secretary of State must ensure that person is not represented in any population counts where the correctional facility is located (unless that is the same geographic unit where the individual resides) and ensure that population counts reflect the person’s residential address.  The Secretary of State must not count a person whose address is unknown or is not in Minnesota in the count for any geographic unit.  Also, the Secretary of State must not count persons in a federal correctional facility that were not included in a report in any geographic unit. The Secretary of State must allocate these individuals to a state unit that is not tied to a specific geography.

Subdivision 6 requires the data prepared by the Secretary of State to be completed and published no later than 30 days from the date the federal census data is published for Minnesota.

Subdivision 7 requires the Secretary of State to notify county and city governments that they are required to use data prepared by the Secretary of State for redistricting purposes. This data must not be used in the distribution of any state or federal aid. 

Sections 2 and 4 add references in local government redistricting statutes to be consistent with section 1, subdivision 7.

Section 3 requires the Commissioner of Corrections to collect and maintain a record of legal residence and other specified demographic data, consistent with the data required in subdivision 1, for persons entering custody. The commissioner must transfer this data to the Secretary of State.

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