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HomeMy WebLinkAbout2022.03.14 CC Packet - Redistricting A. Call to Order B. Roll Call C. Presentation of Proposed Wards and Precincts D. Council Discussion E. Direction to Staff F. Adjournment Agenda HUGO CITY COUNCIL REDISTRICTING WORKSHOP HUGO CITY HALL MONDAY, MARCH 14, 2022 – 5 P.M. Memorandum To: Mayor and Council From: Michele Lindau, City Clerk Date: March 10, 2022, for Redistricting Workshop on March 14, 2022 Re: Redistricting Background City governments must reestablish all wards and precincts after state redistricting. This could be a routine process of verifying that existing ward and precinct boundaries meet legal requirements and then reconfirming those boundaries. Cities may also find this to be a good time to realign precincts to eliminate precincts split by school districts, adjust, add, or remove precincts to accommodate population changes, or to change polling places. At the redistricting workshop, staff will present data on the 2020 census count. Staff will propose Council reestablish existing ward boundaries and establish new precinct boundaries and polling locations. Key Dates  March 21, 2022, Council meeting - Staff will recommend Council approve a resolution establishing municipal ward and precinct boundaries. This must be done by March 29, 2022.  Early July, 2022 - County will send postcards to all voters informing them of their ward, precinct, and polling location.  August 2, 2022 to August 16, 2022 – Candidate filing period  August 9, 2022 – State Primary  November 8, 2022 - General Election Attachments  Secretary of State Redistricting Guide as it pertains to cities. I have heighted sections on ward and precinct requirements.  Map showing proposed precinct boundaries and polling locations. Office of the Minnesota Secretary of State 2021 Redistricting Guide 15 3.0 CITY WARDS 3.1 What are wards? Wards are portions of a city that are represented by specific elected official(s) on the city council. These council members are elected by the voters who live within that ward. Of the 853 cities in Minnesota, approximately 70 use wards for electing council members, including 8 of the 10 largest cities in the state. In other cities, voters in the entire city vote for all councilmembers, which is known as “at-large.” Cities with wards are always organized as charter cities. Cities with wards must redistrict their wards after the federal census, and must make the wards’ populations as equal as practicable. This process has an impact on a city’s precincts and thus is often done in conjunction with precinct reestablishment. See the Precincts section for details about precincts and their reestablishment. 3.2 Ward requirements Wards must be drawn to satisfy statutory requirements for boundaries as well as population. City charters may also specify additional requirements for the wards within a city beyond what is presented here. 3.2.1 Ward boundaries Wards must be drawn to meet statutory requirements about their boundaries. These requirements influence the geography of the ward districts. These requirements include that: • Wards are bounded by precinct lines, • Wards are compact in area, • Wards are composed of contiguous territory. (M.S. 204B.14, subd. 1, 205.84) While it is no longer required that precinct boundaries follow Census block boundaries or physical features, it may be helpful administratively. Using Census block boundaries allows a city to get definite populations for each precinct or ward. Using physical features for boundaries also helps to make it clear to the public where a precinct or ward begins and ends. Note that Census blocks will not reflect any municipal annexation after January 1, 2020. If a city has annexed territory since that date, the precinct and ward plans should be written to include any annexed areas. However, the population of the recently annexed area may be difficult to accurately determine (see below for more information). 3.2.2 Ward population Wards must be as equal in population as practicable. (M.S. 205.84 subd. 1) It may not be possible to draw wards that are exactly equal in population. Situations where wards may have unequal population are: • The total population of the city is not divisible by the number of wards, or • The population totals within census blocks do not provide refined enough numbers to draw equal population wards. For the purpose of redistricting wards, the city must use the population counts that are certified by the U.S. Census Bureau and reflect the city’s population as of April 1, 2020. Therefore, the city does not necessarily need to consider any annexation of population after the completion of the decennial census. However, case law has established that in some situations a city may consider post-census population changes or imminent development when redistricting wards. Office of the Minnesota Secretary of State 2021 Redistricting Guide 16 The obvious problem in considering the population in territory annexed after the date of the census is the difficulty of precisely determining the size of that population. If an annexation includes an entire census block, population for that block is easy to determine. However, if a partial census block is annexed, the city may need to use another method to determine the population of the annexed area. Since it is not possible to get an official population count for a portion of a census block, the city may form an estimate of the actual resident population annexed. However, if an estimate is used the city will need to be able to document how that estimate was developed in order to withstand a possible court challenge to the city’s redistricting plan. If the total population of the census block would not cause the population of the ward to exceed Constitutional requirements, it may be sufficient to simply proceed as though the entire population of the census block were annexed for the purpose of calculating ward population. 3.3 Ward redistricting process The ward redistricting process generally happens at the same time as the precinct establishment process, Cities should also review the information about precinct establishment, especially the section on Municipalities with multiple precincts. 3.3.1 Review city charter or policies The city charter or official policies should be reviewed to determine if the city has established any specific redistricting related procedures, policies, or requirements in addition to those specified in state law. If there are any conflicts between the city’s charter or policies and Minnesota law, cities should work with the city attorney to determine how best to reconcile the conflicts. 3.3.2 Acquire census block population data Population is a major consideration when evaluating and redistricting city wards. It is no longer required to draw precincts on census block boundaries, however doing so simplifies the calculation of ward population totals. To use census block population data it is necessary to have a map indicating block boundaries and the unique number for each census block. See Appendix for more information about Census data 3.3.3 Describing ward boundaries There are many ways to describe ward boundaries. If a single feature (road, river, etc.) is the division between wards, it may be sufficient to define the wards in relation to that feature, for example “those portions of the city east of Main Street,” or “north of Clearwater Creek.” However, when ward boundaries follow multiple features, a metes and bounds description may be the best way to make the boundary clear. A metes and bounds description is one that describes the boundaries of the wards in such a way that a person could walk the described boundary. An example from the past described a portion of the Metropolitan Council’s 6th District: “The sixth council district consists of that portion of Hennepin county consisting of the cities of Golden Valley and St. Louis Park and that portion of the city of Minneapolis lying west and south of a line described as follows: commencing at the intersection of the southern boundary of the city of Minneapolis and Interstate Highway 35W, northerly along Interstate Highway 35W to Minnehaha Parkway, northeasterly along Minnehaha Parkway to 50th Street E., westerly along 50th Street E. to Stevens Avenue S., northerly along Stevens Avenue S. to 46th Street E., westerly along 46th Street E. to Nicollet Avenue S., northerly along Nicollet Avenue S. to 36th Street W…” A metes and bounds description may be preferable because it: • is more easily understood by people unfamiliar with the city, and Office of the Minnesota Secretary of State 2021 Redistricting Guide 17 • refers to relatively permanent features, not features which tend to change over time such as precincts. When a ward redistricting plan is approved, any reference to a municipal or precinct boundary refers to that boundary on the day the plan is approved. It is not uncommon for municipal boundaries to change. A metes and bounds description may help to reinforce that when an annexation has occurred, a change in precincts and wards also has occurred. 3.3.4 Public involvement It is recommended that cities solicit public involvement in the redistricting process. Public involvement may include multiple meetings during which the council considers a variety of redistricting plans, including those submitted by members of the public. 3.3.5 Dates for establishing wards 3.3.5.1 Cities with council members elected by ward A city may not redistrict its wards before the state legislative redistricting plan has been adopted, except for first class cities electing council members by ward in 2021--see below for that situation. Once the state legislative districting has occurred, the city must redistrict its wards, along with its precincts, within 60 days of legislative redistricting or by March 29, 2022, whichever comes first. (M.S. 204B.135 subd. 1) An ordinance establishing new ward boundaries becomes effective on August 9, 2022, the date of the state primary election. (M.S. 205.84 subd. 2) If the state legislative redistricting plan is adopted and/or any court challenges are resolved less than 19 weeks before the state primary in a year ending in two (after March 29 in 2022), there are alternate dates and procedures for redistricting or reestablishing local government elective districts. For more information on the alternate dates and procedures refer to Appendix A or contact the Elections Division of the Secretary of State’s Office. 3.3.5.2 First class cities with council members elected by ward in 2021 First class cities that will elect their council members by ward in 2021 may reestablish their ward boundaries no later than 14 days before the start of candidate filing. For cities with a primary possible, the filing period opens May 18, 2021, so the deadline is May 4, 2021. For cities without a primary possible, the filing period opens July 27, 2021, so the deadline is July 13, 2021. The new ward boundaries take effect on the date of the municipal primary, August 10, 2021. In this circumstance, precinct boundaries may be reestablished within four weeks of the adoption of ward boundaries. The ward boundaries may be modified after the legislature has been redistricted for the purpose of establishing precinct boundaries. (M.S. 204B.135, subd. 1; 204B.14, subd. 3(c); 205.84) 3.4 Giving notice 3.4.1 Publish and post ward plan While it is not specifically required to publish or post ward redistricting plans it is a good practice to publish and post plans to make them as widely available to the public as possible. If precincts are changed in the course of redistricting ward boundaries, follow precinct notification guidelines. 3.4.2 Notification of county and state In most cases, a change in ward boundaries will also require a change in precinct boundaries, which requires notification of the county auditor and secretary of state. Cities that incorporate ward designations into their precinct names (e.g. “Ward 1 Precinct 1”) do not need to do any additional notification of their ward boundaries. In situations where precinct names do not reference the ward to which they belong, the city clerk should provide the county auditor with information about which precincts are in which wards. (M.S. 204B.14, subd. 5) Office of the Minnesota Secretary of State 2021 Redistricting Guide 18 3.5 Ward redistricting and the City Council 3.5.1 Residence in ward When elected, a member of the city council must be, and remain, a resident of the ward they represent. If redistricting causes a ward boundary to move, and that boundary change causes a council member’s residence to be shifted into another ward, the council member is allowed to continue to serve for the remainder of their term. However, if the council member runs for re-election, they will need to become a resident of the ward they represent. (M.S. 205.84, subd. 2) 3.5.2 First class cities without staggered council terms Notwithstanding any home rule charter provision to the contrary, in a city of the first class where council members are elected by ward to serve for four years to terms that are not staggered, if the population of any ward changes by five percent or more, all council members must be elected to new terms at the first municipal general election after ward boundaries are redefined. However, if no municipal general election would otherwise occur in 2022 or 2023, a municipal general election must be held in one of those years. (M.S. 205.84, subd. 1(b)) 3.5.3 Failure to redistrict Minnesota statutes provides a penalty if the city council fails to either confirm that existing wards meet statutory requirements, or redistrict wards to meet statutory requirements. The city council must take an action to either formally reconfirm or change ward boundaries within the time frames provided in law. In the event that the council fails to act in time, no further compensation shall be paid to the mayor or council members until such time as they act. (M.S. 205.84 subd. 2) 3.6 Voter’s right to contest Minnesota law provides guidance to citizens of their right to contest local government election district plans. A voter wishing to contest a city ward redistricting plan or compel redistricting must file with the district court in the county by the appropriate date: • If the redistricting plan is approved before March 29, 2022, the voter must file within three weeks, but no later than April 5, 2022; • If the redistricting plan is approved after March 29, 2022, the voter must file within one week of adoption. Consult with the city attorney for additional information regarding the procedures for ward redistricting contests. (M.S. 204B.135 subds. 1 and 3 (a) and (b)) Office of the Minnesota Secretary of State 2021 Redistricting Guide 19 4.0 PRECINCTS 4.1 What are precincts? Precincts are the basic geographical areas for organizing and administering elections. For example, separate ballot styles are created for each precinct, separate voting rosters are created for each precinct, and votes are tallied by precinct. Precinct boundaries are established by the governing body of each municipality, and the county board in unorganized territories. City councils and township boards establish precinct boundaries as the result of various requirements in state statutes and also to suit the needs of the community. At a minimum, each municipality must be at least one precinct; additional precincts are necessary if the municipality is divided by a county, county commissioner, legislative or congressional district boundary. Within these broad requirements, municipalities may create as many or as few precincts as suits the community. 4.2 Precinct requirements 4.2.1 Precinct boundaries At a minimum, each city, township or county’s unorganized territory must be at least one precinct. One precinct cannot be split between more than one: •County •Congressional district •Legislative district •City ward A jurisdiction split by legislative or congressional districts during redistricting will need to adjust its precinct boundaries to follow the legislative and congressional district boundaries as defined in the state redistricting legislation. (M.S. 204B.14) For the decade following the redistricting of county commissioner districts, precincts must not cross county commissioner district boundaries. (M.S. 375.025 subd. 1) 4.2.2 Population Precincts are not tied to population size. However, precincts with large numbers of registered voters can become difficult to manage. While there is no specific threshold that covers all situations statewide, a small percentage of precincts have over 2,000 registered voters. 4.2.3 Available polling places Polling places must be in or near the precinct they are for, with certain exceptions. Although precincts are officially established first and polling places second, it may be helpful to identify polling places before establishing precinct boundaries. See the Polling Places section for more information. 4.2.4 Other non-required considerations Although precincts may be made up of non-contiguous portions of the city, it is recommended to avoid this if possible. One reason is to make the redistricting of county commissioner districts easier, following the establishment of precincts. Whenever a precinct exists which is made up of multiple parts, all parts of that precinct must be contained within a single county commissioner district, which may significantly limit where the county can draw commissioner districts. (M.S. 375.025 subd. 1) Office of the Minnesota Secretary of State 2021 Redistricting Guide 20 Within these requirements, governing bodies may create as many or as few precincts as necessary for the community. Unlike elective districts, voting precincts are based on administrative convenience and may contain a large or small population. However, precincts containing more than 2,000 registered voters can become unwieldy for election administration purposes. There are benefits to drawing precinct lines to follow census block boundaries. Municipal wards and county commissioner districts must be approximately equal in population. The only way to ensure that the districts are balanced by population is to know the census count for the precincts making up the districts, and the only way to know with any certainty the population count of the precincts is to use census blocks as the basis for setting precinct boundaries. Additionally, the legislative and congressional plans will use census blocks exclusively to draw district boundaries. Precincts abutting legislative or congressional districts must use at least some census block geography in order to match the district boundaries. The county board establishes precincts in unorganized territories. At minimum, the unorganized territories in the county must be at least one precinct, and additional precincts are necessary if a congressional or legislative boundary divides the unorganized territory. Beyond this, counties are free to create as many or as few precincts as is appropriate for the community and election administration. 4.3 Precincts and the redistricting process 4.3.1 Precinct freeze Normally the governing body may make changes to precinct boundaries at any time before December 1 of the odd year. However, state election law freezes all precinct boundary lines from January 1, 2020 until after legislative and congressional redistricting is completed. The statutes establishing the precinct freeze allow two exceptions to the freeze period: to accommodate an annexation or to divide an existing precinct. (M.S. 204B.14) 1.In the first exception, if a city annexes an area located in the same county as the city and the annexed area is adjacent to the city boundary the annexed area may be included in a precinct immediately adjacent to it. However, to include the recently annexed area into the city precinct all other statutory requirements such as not crossing legislative, congressional, or county commissioner districts still apply. The statutes do not provide an exception for including a non-adjacent annexation into a city precinct. (M.S. 204B.14 subd. 3 (a)) 2.The second exception provides that a municipality or county may split an existing precinct. To do this the newly established precincts must not extend beyond the boundaries of the original precinct. Additionally, the names of the new precincts must include the name of the former precinct. (M.S. 204B.14 subd. 3 (b)) 4.3.2 Preparation 4.3.2.1 Review city charter or policies Before redistricting, the city charter or official policies should be reviewed to determine if the municipality has established any specific redistricting related tasks. This is particularly true for cities with wards, whose charter may have ward requirements in addition to those specified in law. If there are any conflicts between the city charter or policies and Minnesota law, municipalities should work with their attorney to determine how best to reconcile the conflicts. 4.3.2.2 Clarify roles, responsibilities, duties, and expectations It is a good practice within your municipality to clarify and define the roles, responsibilities, duties, and redistricting- related expectations of the municipal clerk, staff, council/board, and/or other groups before redistricting begins. An agreement on who will do what tasks and when may safeguard everyone involved from unintentionally overstepping the tasks others are intending to do. It is a good idea for those with redistricting responsibilities to learn as much as they can about the redistricting process. Reviewing this guide is just one step in the learning process. There are many sources for additional information. Some of Office of the Minnesota Secretary of State 2021 Redistricting Guide 21 those sources are available on the OSS Redistricting webpage (https://www.sos.state.mn.us/election-administration- campaigns/election-administration/redistricting/). 4.3.2.3 Changes due to annexations Municipalities will need to identify any annexations that have occurred since the completion of the Census’s TIGER/Line database on January 1, 2020. For redistricting purposes, they may choose to adjust the populations of areas received from the Census accordingly. 4.3.2.4 Provide information to local officials and media It is important that information relevant to local government redistricting be shared among all those involved with redistricting. This includes providing information to local media about the redistricting process and outcomes. Redistricting elective districts is an important component in the American political system and should be an open and visible process. 4.3.2.5 Acquire maps of school districts (Required) All municipalities are required to acquire maps of any school district with territory within their municipal boundaries within 21 days of the completion of state legislative redistricting, and before reestablishing precincts. Sources for school district maps include the school district itself, county offices, and the state Department of Education’s Maps webpage (https://education.mn.gov/MDE/Data/Maps/). Municipalities should verify the source(s) of school district maps before redistricting begins. (M.R. 8255.0015) To simplify election day activities, cities may want to consider their ability to draw precinct boundaries to follow school district boundaries when possible. Administering precincts that are split by school districts sometimes leads to confusion on election day, especially when voters are given the incorrect ballot style by election judges. If a voter does not get an opportunity to vote on a race or question, it may result in them being disenfranchised. Conversely, voters outside the district may get the opportunity to vote on races or questions they are not eligible to vote on. 4.3.2.6 Identify and evaluate existing and potential polling places Before redistricting, it is a good practice to identify and evaluate existing and potential polling places. If the new legislative boundaries do not follow existing precincts within a municipality, it is advisable to know ahead of time where potential polling places exist that meet all state and federal requirements. Many cities may find it easier to first identify their potential polling places and then draw precincts around where they have a polling place. It may be harder to first draw precincts then try to find polling places for each one. Be aware that formal city council action is necessary to establish precinct boundaries before establishing polling places. For more information, see the Polling Places section. 4.3.2.7 Receive state redistricting plans from county auditor The county auditor is required to send a copy of relevant portions of state legislative and congressional redistricting plans to each municipal clerk within their county. The Secretary of State’s office will be providing information including maps about the official legislative and congressional plans to each county auditor. The statutes do not explicitly define how, or in what format, the county auditor must provide relevant portions of state redistricting plans to municipal clerks. Municipalities should work with their county auditor to identify the best format to receive state redistricting plans. (M.S. 2.91 subd. 1) After adoption of the state redistricting plan, the Secretary of State is the official depository of that information. While copies of plans may be available from many other sources, it is strongly recommended that cities use only information that has been provided to their county auditor from the Secretary of State, or information that has been sent directly to the municipality from the Secretary of State. Any changes in legislative plans as a result of court action or changes ordered by the Secretary of State may not be reflected in information available from other sources. (M.S. 2.91 subd. 1) Office of the Minnesota Secretary of State 2021 Redistricting Guide 22 4.3.2.8 Receive corrections, if any, of state plans After adoption of the state redistricting plan, the Secretary of State reviews the plan for errors. If errors are discovered, the Secretary of State has the responsibility to notify the municipal clerk and candidates for office in the affected area. If an error is discovered, the Secretary of State will work directly with any affected municipal clerk at that time. (M.S. 2.91 subd. 3) If municipalities discover errors in the state legislative or congressional district plans they should immediately notify the Secretary of State’s Office by sending a description of the error along with a map of the affected area. 4.3.2.9 Posting state redistricting plans While not specifically required, it is recommended that municipal clerks post copies of the relevant portions of state legislative and congressional redistricting plans to provide information about the new state districts to the public. This may be particularly important in areas where district boundaries have changed and where voters may have questions about the new plans. 4.3.3 Describing precinct boundaries There are different ways to describe precinct boundaries, depending on the situation. In a municipality with only one precinct, the precinct boundaries may be defined as following the municipal boundaries. However, when a municipality has two or more precincts, another method is needed for describing the precinct boundaries that split the municipality. Although it is no longer required that precinct boundaries follow physical features, it may make describing precinct boundaries easier. If a municipality uses a single road, or other feature, as the boundary between precincts, it may be sufficient to define the precincts in relation to that feature, as in “those portions of the city east of Main Street,” or “north of Clearwater Creek.” However, when precinct boundaries follow multiple features, or there are numerous precincts in the municipality, a metes and bounds description may be the best description. A metes and bounds description is one that describes the boundaries of a precinct in such a way that a person could walk the described boundary. An example that describes a portion of the Metropolitan Council’s 15th District is included in M.S. 473.123 subd. 3c (15): “The fifteenth council district consists of that portion of Dakota county consisting of the cities of Burnsville, Inver Grove Heights, and South St. Paul, and that portion of the city of Eagan lying north of a line described as follows: commencing at the intersection of Cliff Road with the western boundary of the city of Eagan, easterly along Cliff Road to its intersection with Robert Trail South and 110th Street West, then easterly along 110th Street West to the eastern boundary of the city of Eagan.” When a precinct plan is approved, any reference to a municipal boundary refers to that boundary on the day the plan is approved. As municipal annexations occur, county commissioner districts and state legislative and congressional district boundaries do not automatically change. Refer to 4.3.5.2 Annexations below for details on election district boundary corrections. In summary, the advantages of a metes and bounds description are that it is: •More identifiable to people unfamiliar with the municipality, •Better than using corporate limits for descriptions – as corporate limits tend to change over time, •A reminder that when municipal annexations occur, a precinct boundary change needs to occur or a new precinct needs to be created. Office of the Minnesota Secretary of State 2021 Redistricting Guide 23 4.3.4 Establishing precincts All local governments which establish the boundaries of election precincts—whether in cities, townships, or unorganized territories—must follow similar steps in preparing for the establishment of precincts in the redistricting process, as well as notifying voters and other governmental entities when the process is completed. It may be a very quick process for jurisdictions entirely in one precinct, or a more involved process for jurisdictions with multiple precincts that are changing. 4.3.4.1 Dates for establishing precincts All precincts in the state—whether in a city, township or unorganized territory—must be established (or reestablished) within 60 days of the adoption of the state redistricting plan, or by March 29, 2022, whichever comes first. These established precinct boundaries become effective on the date of the 2022 primary. (M.S. 204B.14, subd. 3) 4.3.4.2 Pass resolution or ordinance The resolution or ordinance reestablishing the precinct must be passed within 60 days of the completion of legislative redistricting, or by March 29, 2022, whichever comes first. (M.S. 204B.14, subds. 3 and 4.) A sample resolution is in Appendix C If the state legislative redistricting plan is adopted and/or any court challenges are resolved less than 19 weeks before the state primary in a year ending in two (after March 29 in 2022), there are alternate dates and procedures for redistricting or reestablishing precincts. For more information on the alternate dates and procedures refer to Appendix A or contact the Elections Division of the Secretary of State’s Office. (M.R. 8255.0010) It is common for polling places to be designated in the same action as the precincts, or in an action passed in the same meeting. If a precinct is in or will be in a combined polling place, this is also a time to reestablish or change this status. See the Polling Place section for details. 4.4 Giving notice After completion of the redistricting process, the following notifications must be made by the governing jurisdiction. If there are any changes in the precinct boundaries after the boundaries have been drawn, similar notices must be provided by the municipal clerk or county auditor before the changes can take effect. (M.S. 204B.14) 4.4.1 Notify the county auditor The redistricting of county commissioner districts cannot occur until all municipalities have completed reestablishing their precincts. Additionally, the county auditor is required to update the statewide voter registration system whenever there have been changes in precinct boundaries. Municipalities should coordinate with their county auditor’s office to determine the specific process that will be used in their county. Cities with territory in more than one county should make sure to coordinate with all relevant counties. 4.4.2 Notify the Office of the Secretary of State The municipal clerk or county auditor must immediately notify the Secretary of State of any change in a precinct boundary. To fulfill this notification the clerk or auditor should mail, fax or email a copy of the ordinance or resolution establishing the change to the Elections Division. (M.S. 204B.14 subd. 5) 4.4.3 Send map of precinct boundaries to the Office of the Secretary of State The clerk then must file a corre ct map of precinct boundaries within 30 days of a boundary change. Generally the county will provide a basemap for the municipal clerk to mark up if necessary. However, Secretary of State may also be able to assist. Contact Brad Neuhauser in the Elections Division at Brad.Neuhauser@state.mn.us or by phone at (651) 556-0648 for more help with a map. (M.S. 204B.14 subd. 5) Office of the Minnesota Secretary of State 2021 Redistricting Guide 24 Cities interested in submitting precinct boundary information in the form of a geographic information system (GIS) datafile should refer to Appendix F before sending any digital data. 4.4.4 Post precinct boundaries When precinct boundaries have been changed, the change does not take effect until a notice of the change has been posted in the office of the municipal clerk or county auditor for at least 56 days. (M.S. 204B.14 subd. 4) 4.4.5 Notify affected households of changes Notifying affected households of changes in precinct boundaries is covered by the notification required for changes in polling place. (See 5.3.4 Notify affected households) It is strongly recommended that all voters in the county be notified of their polling place, precinct, and other election districts using postal verification cards even if no changes have occurred. The benefits of this are to inform voters if any of their election districts have changed, and reaffirm their correct polling place. Cost sharing among the county, cities, townships, and school districts may keep the mailing costs affordable for any group. A special redistricting postal verification card will be available. 4.4.6 Publish precinct boundaries Though not specifically required, it is recommended that municipalities publish precinct boundaries in an effort to provide redistricting information to the public. This may be especially important in municipalities that have had significant precinct boundary changes. 4.5 Preparing for the next election If the redistricting process results in more precincts than the municipality or organized territory previously held, additional work may be needed to prepare for the upcoming state primary and general election. Among those items that may need to be done are: •Acquire additional voting equipment; •Additional polling place posters and supplies; •Recruit additional election judges; and •Confirm contracts for new or existing polling places, if necessary. The redistricting process may be a good opportunity for counties, cities, and townships to encourage people to participate in the election process by serving as an election judge. At every general election, it is required that a map of the precinct be posted in each polling place. If precinct boundaries have changed, a new map is especially important. For more information about preparing polling places for upcoming elections, refer to the guides produced by the Elections Division of the Office of the Secretary of State. 5.0 POLLING PLACES 5.1 What are polling places? The polling place is the location to which voters come to cast their ballots on election day. Every precinct must have a designated polling place. No changes may be made to polling place designations less than 90 days before the next election, except in case of emergency. Office of the Minnesota Secretary of State 2021 Redistricting Guide 25 5.2 Polling place requirements All polling places whether new or reestablished must be: • fully accessible (see following subsection); • large enough to accommodate the election activities; • free of other, non-election activities; • smoking free; • liquor free and not adjacent to a liquor service area; • located within the precinct except: o metropolitan area cities and towns may locate a polling place outside the precinct if it is within one mile of the precinct boundary or it is part of a combined polling place (see 5.3.2 Combined polling places); o non-metropolitan cities and towns may locate polling places up to five miles outside the precinct boundary. (M.S. 144.414; 200.02, subd. 24; 204B.16; 473.121) 5.2.1 Accessibility Federal and state laws require that all polling places be fully accessible and usable by elderly or disabled persons. (M.S. 204B.16, subd. 4) Minimum requirements include: • paved parking with wide spaces reserved for disabled persons, • curb cuts or temporary ramps, • paved main routes free of stairs or with ramp or elevator bypasses, • entrances/doorways a minimum of 32 inches wide, • walkways and hallways at least 36 inches wide, • hallways free of protrusions overhanging the floor, • handrails on all stairs, • signs directing voters around obstructed entrances or stairs to accessible routes, • signs outlining the assistance available to voters, and • one or more wheelchair accessible voting booth(s) or station(s) with writing surface 34 inches high. (M.S. 204B.16, subd. 5) Minnesota election law offers some additional accommodations if the voter needs assistance with the voting materials: • voting by absentee ballot; • curbside voting; • a bipartisan team of election judges to provide assistance in the polling place; or • the voter bringing someone of their choosing to assist in the polling place. (M.S. 203B.02, subd. 1; 204C.15, subd. 1; 204C.15, subd. 2) Office of the Minnesota Secretary of State 2021 Redistricting Guide 26 Municipalities should visit polling locations periodically to verify that polling locations are still accessible. The Office of the Secretary of State Polling Place Accessibility Diagnostic Tool provides instructions on how polling places inspections should be performed. For more specific details on accessibility, we recommend consulting the Americans with Disabilities Act Accessibility Guidelines. 5.3 Establishing polling places 5.3.1 Designating polling places Generally, polling places must be designated by city, town, or county governing bodies by December 31 of the preceding year. In 2021, state law was changed to require governing bodies that reestablish precincts to also designate polling places for those precincts. Polling places will be designated within 30 days of the reestablishment of precincts, or by March 29, 2022, whichever comes first. These will usually be done at the same time. An example resolution for reestablishing unchanged precincts and polling places is provided in Appendix C. (M.S. 204B.16, subd. 1) Public entities shall make their facilities available for the holding of city, county, school district, state, and federal elections, subject to the approval of the local election official. Governing bodies using school district buildings as polling places should contact the school district annually to verify that their security requirements have not changed. (M.S. 204B.16, subd. 6) 5.3.2 Combined polling places Under certain circumstances, governing bodies may combine polling places into a single, accessible location with a single team of election judges. A copy of the ordinance or resolution establishing a combined polling place must be filed with the county auditor within 30 days after approval by the governing body or, in the case of multiple municipalities or jurisdictions, all governing bodies. Separate ballot boxes and separate returns are kept for each precinct involved. (See also M.R. 8230.4365) The following circumstances allow for the establishment of a single, accessible, combined polling place no later than May 1 of any year except a year with a presidential nomination primary: •3rd or 4th class cities, •cities located in more than one county, •contiguous precincts in the same municipality, •up to four contiguous cities and/or townships located outside the metro area that are in the same county, •noncontiguous precincts located in one or more counties, subject to approval of both the governing body of each municipality and the secretary of state, or •mail election precincts, in which case the designation by the municipality or the auditor of only one centrally- located polling place is required. (M.S. 204B.14, subd. 2; M.S. 204B.45, subd. 1) Note: the metropolitan area is defined as Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright counties. (M.S. 200.002, subd. 24) A municipality withdrawing from participation in a combined polling place must file a resolution of withdrawal with the county auditor no later than April 1 of any year except the year before a presidential nomination primary. (M.S. 204B.14 subd. 2 (b)(3)) Office of the Minnesota Secretary of State 2021 Redistricting Guide 27 5.3.3 School district combined polling places If a school district is holding an election on a day when no other governmental unit in its area is holding an election, a school board may designate one or more combined polling places at which the voters in two or more precincts may vote in the school district election. A single team of election judges, using a single ballot box and keeping a single set of returns, may serve the polling place. In school districts that have been organized into separate board member districts, a combined polling place for a school general election cannot include more than one board member election district. (M.S. 205A.11, subd. 2; 205A.11, subd. 3) These combined polling places must be designated by resolution by December 31 of each year. The polling place locations must be at locations that have been designated for use as polling places by county or municipal governments. (M.S. 205A.11, subd. 2) Combined polling places designated for 2022 will likely only be used (if at all) on the February 8 special election date, as school districts may not conduct special elections on the April 12 or May 10 uniform election dates in the year ending in two, and at the state primary and general elections, the municipality or county will be responsible for operating that precinct’s polling place. (M.S. 204B.135, subd. 4) If the school district election coincides with another election in a precinct, the city or township is responsible for operating that precinct’s polling place. (M.S. 205A.11, subd. 1) Note that Postal Verification Cards (PVCs) cannot be sent to meet the voter notification requirements for school district combined polling places. 5.3.4 Polling places and mail balloting Precincts designated as mail ballot precincts must still designate a polling place. This is usually the office of the county auditor or municipal clerk. Voters residing in a mail ballot precinct who are not registered may go to the designated location to vote absentee in person. (M.S. 204B.45) 5.3.5 Polling place equipment The cost and availability of voting equipment is another factor in making decisions about the number and location of polling places. Some counties and municipalities have cost-sharing arrangements for voting equipment. It is common for each precinct to have its own ballot counter and memory unit, but one counter may be used to count ballots for multiple precincts. (M.R. 8230.4365) 5.4 Giving notice 5.4.1 Notify the county auditor Whenever there has been a change in polling place location, the municipal clerk must notify the county auditor of the new location. The auditor needs the information for entry into the statewide voter registration system in order to facilitate the notification of affected households, and for notifying newly registered voters as they occur throughout the year. School boards must notify the county auditor(s) within 30 days of the establishment of a combined polling place. (M.S. 205A.11, subd. 3) 5.4.2 Notify affected households When redistricting causes a voter’s polling place to change, the municipal clerk or county auditor must notify all affected households with at least one registered voter by a first class, non-forwardable mailing at least 25 days before the next election. (M.S. 204B.16, subd. 1a) There are multiple ways to provide notice using the required voter notification: Office of the Minnesota Secretary of State 2021 Redistricting Guide 28 • the clerk may request the county auditor mail a special redistricting Postal Verification Card (PVC) to all households with at least one registered voter in the affected precincts (after auditors have entered new polling place information into SVRS), or • the clerk may request the county auditor mail a special redistricting Postal Verification Card (PVC) to all voters in the affected precincts (after auditors have entered new polling place information into SVRS), or • the clerk may purchase electronic household address labels from the OSS to send their own notification to all affected households with at least one registered voter. • the clerk may purchase electronic voter labels from the OSS to send their own notification to all affected voters. Order forms are available at www.sos.state.mn.us. (M.S. 204B.16) Information on ordering voter data from the Secretary of State and order forms are available at the Registered Voter List Requests webpage (https://www.sos.state.mn.us/election-administration-campaigns/data-maps/registered-voter-list- requests/). It is strongly recommended that all voters in the county be notified of their polling place, precinct, and other election districts using postal verification cards even if no changes have occurred. The benefits of this are to inform voters if any of their election districts have changed, and reaffirm their correct polling place. Cost sharing among the county, cities, townships, and school districts may keep the mailing costs affordable for any group. 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Precinct 1 Hugo City Hall 14669 Fitzgerald Ave. N Precinct 2 1 23 4 5 6 School Districts Lakes & Water Precinct Locations / Ward & Precin ct Map Ward 3 Public Works Building 8220 140th St. N. Rice Lake C entre 6900 137th St. N. Precinct 6 Precinct 5 Ward 2 Lions Park Building 5524 U pper 146th St. N New Life Church 6000 148th St. N. Precinct 3 Precinct 4 Proposed map for March 14, 2022 redistricing worksh op White Bear Lake Mahtomedi Forest Lake Stillwater