NORTH DAKOTA LEGISLATIVE MANAGEMENT

Minutes of the

LEGISLATIVE REDISTRICTING COMMITTEE

Tuesday and Wednesday, October 11-12, 2011 Roughrider Room, State Capitol Bismarck, North Dakota

Senator Ray Holmberg, Chairman, called the a corridor between District 8 and District 47, and meeting to order at 9:00 a.m. finally ends up at the interstate bridge over the Members present: Senators Ray Holmberg, Missouri River. He said the plan supported by the Randel Christmann, Dwight Cook, Tony Grindberg, District 47 legislators derives its District 47 Jerry Klein, Stanley W. Lyson, Ryan M. Taylor, John contribution to the new district from the neighboring Warner; Representatives Larry Bellew, Bill Devlin, precinct across Highway 83 next to the main body of Richard Holman, Nancy Johnson, Jim Kasper, Jerry the new district. Senator Kilzer provided written Kelsh, David Monson, Mike Nathe testimony (Appendix B). Others present: See Appendix A Chairman Holmberg called on Representative It was moved by Representative Kasper, Klemin for comments regarding the Bismarck area seconded by Representative Devlin, and carried proposals. Representative Klemin said revised on a voice vote that the minutes of the template A is complex and complicated, whereas the September 27, 2011, meeting be approved as plan presented by the District 47 legislators is much distributed. simpler. He said the plan takes all of the 4,500 people At the request of Chairman Holmberg, District 47 must lose from one area. He said some Representative Nathe discussed changes made to the refinement to the plan would be necessary in the Burleigh County area in revised template A (PDF map southeastern part of District 47 in the Winnipeg Drive or Google Earth image). Representative Nathe said area. He said this plan would be beneficial to Burleigh the changes included squaring off District 47 around County, would be easily understood by voters, would Horizon Middle School and expanding District 7 maintain district integrity, and would only affect outside the city limits of Lincoln. He said the changes District 47 and the new District 7. He encouraged the in the Lincoln area would put all of the Lincoln committee to seriously consider this plan. community in the same district. Chairman Holmberg called on Representative Mr. John Bjornson, Committee Counsel, said the Bellew for a review of minor changes in the Minot area changes to District 7 also include a change in a to revised template A. Representative Bellew said the boundary line in the Pioneer Park area. only change was to return a small area in District 38 to In response to a question from Senator Taylor, District 5. Representative Nathe said the changes addressed Chairman Holmberg called on Mr. Bjornson for a some of the concerns expressed by Mr. Kevin Glatt, review of changes to revised template A in the Fargo Auditor, Burleigh County, at the September 16, 2011, area. Mr. Bjornson said because a boundary in meeting regarding the boundaries in the Gateway Mall District 11 followed a storm sewer rather than a road, area and the Lincoln area. the boundary was modified. He said the area that Chairman Holmberg called on Senator Ralph L. was added contains only businesses. He said the Kilzer, District 47, for comments regarding the census data indicate that no one lives in that area. Bismarck area proposals. Senator Kilzer said he was Senator Grindberg said the change should not be representing the views of the District 47 legislators-- an issue for either district. He said the changes to Representatives Lawrence R. Klemin and George J. revised template A in the Fargo area also included Keiser and himself--as well as those of Mr. Bob changing a boundary between District 21 and Christman, Chairman, District 47, Republican Party. District 11 to get the percentage of deviation under He said he urged the committee's favorable 4 percent for both districts. He said there were no consideration of the proposal presented by concerns about the change from the two senators in Representative Klemin at the committee's those districts. September 16, 2011, meeting. He said this proposal Chairman Holmberg called on Representative would make it easier for voters to identify their district Devlin for a review of changes made to revised and would allow voters to vote with their neighbors. template A with regard to the boundary between He said this proposal makes more sense and is District 23 and District 14. Representative Devlin said supported by more constituents. He said the new in an effort to keep a township whole, the change was district in revised template A looks gerrymandered made. He said this change puts the border back to because it starts near Lincoln, wraps around the the way it has been for the last 10 years. He said a eastern and northern areas of Bismarck, goes through Legislative Redistricting 2 October 11-12, 2011

change also was made to include the city of Max in numbered district. He said the procedure that was District 4 and St. Mary Township in District 8. developed by the Legislative Assembly to allow Chairman Holmberg called on Mr. Jim Lee, Max, certain senators to determine who can run in those for testimony regarding the plans under consideration. situations was declared unconstitutional as an Mr. Lee said for the last 40 years he has been placed unlawful delegation of legislative authority. He said in a new district after each round of legislative the court held that it should be the decision of the redistricting. He said geographically large legislative Legislative Assembly and not the individual member districts require extensive travel and make to determine if there should be an election. He said campaigning, organizing, and lining up election the court also has held that the Legislative Assembly workers difficult. He said the cultural differences can cut short a term due to legislative redistricting. between the western and eastern parts of District 8 In response to a question from Representative are extensive. He said he understands that having Nathe, Chairman Holmberg said a current member of more legislative districts would cost more money; the Legislative Assembly would continue to serve until however, more districts would allow more people to December 2012. participate in government. In response to a question from Representative In response to a question from Representative Kasper, Mr. Bjornson said the only constitutional Kelsh, Mr. Lee said his primary concern is the qualification for candidates is that the candidate must geographic size of the rural districts. He said there be a resident of the district on the day of the election. were six counties in District 4 when he was a district Chairman Holmberg called on Representative chairman in that district. Devlin to discuss changes to District 12 and In response to a question from Senator Cook, District 29. Representative Devlin said to help Mr. Lee said the state should be striving to allow more balance the numbers between these two districts, he people to participate in government rather than put some of Bloom Township back into District 29. He discouraging it. He said he would prefer having 51, said District 12 does not need the rural area of Bloom 53, or 54 districts. Township to make numbers work. Chairman Holmberg said there is agreement on Senator Taylor said he is concerned about the the Minot and Fargo changes. He said those changes compactness of District 12 in this proposal. He said can be made to revised template B (PDF map or revised template B created a better plan for keeping Google Earth image). communities of interest together in these two districts. At the request of Chairman Holmberg, The committee discussed the proposals before the Mr. Bjornson distributed a memorandum entitled committee with respect to District 47 and the Population Change in Odd-Numbered Legislative surrounding area. Districts Under Proposed Plan September 27, 2011, It was moved by Representative Nathe and Template A. He said the memorandum includes seconded by Representative Kasper to accept as those districts tentatively agreed upon under both part of revised template A (PDF map or Google templates. He said any new district would be required Earth image) the Bismarck plan proposed to the to have a new election. He said the memorandum committee by Representative Nathe rather than does not address even-numbered districts because the plan proposed to the committee by the the terms of incumbents in those districts will expire in legislators from District 47. 2012. With the most recent changes made to Senator Taylor said District 7, as proposed in District 11, he said, the total population within the new revised template A, is not aesthetically pleasing and geographic area would be 3,123 rather than 3,033 as does not make sense for the people of Bismarck. He indicated in the memorandum. said this proposal is not the best that can be done for In response to a question from Chairman Bismarck in terms of compactness. Holmberg, Mr. Bjornson said in 1991 and 2001 a The motion carried on a roll call vote. Senators threshold was not used to determine whether an Holmberg, Christmann, Cook, Grindberg, Klein, and election in an odd-numbered district was required due Lyson and Representatives Bellew, Devlin, Johnson, to the total population within a new geographic area. Kasper, Monson, and Nathe voted "aye." Senators In both 1991 and 2001, he said, that situation was Taylor and Warner and Representatives Holman and addressed on a case-by-case basis. In 1981, he said, Kelsh voted "nay." the Legislative Assembly established a threshold of It was moved by Senator Warner and seconded more than 2,000 people within a new geographic by Representative Holman that revised template B area. (PDF map or Google Earth image) be forwarded to In response to a question from Representative the Legislative Management as the committee's Kelsh, Mr. Bjornson said in 1991 and 2001 the recommended plan. committee looked at those situations in which there Senator Warner said there are many areas in were multiple incumbents in the same district. In revised template A and revised template B which are 2001, he said, an issue arose in which two similar, including most of the Red River Valley and the incumbents--one of whom had been in an even- west river area. He said the plans are different in the numbered district and one of whom had been in an interface between District 12 and District 29. He said odd-numbered district--ended up in the same even- a major difference between the two plans is in Legislative Redistricting 3 October 11-12, 2011

District 1 and District 2. Under revised template B, he Cook, Grindberg, Klein, Lyson, Taylor, and Warner said, Burke County would be in District 6. He said the and Representatives Bellew, Devlin, Holman, city of Stanley would be in District 2. He said revised Johnson, Kasper, Kelsh, Monson, and Nathe voted template B would have cleaner districts in Bismarck. "aye." No negative votes were cast. Senator Cook said it is important that there is It was moved by Senator Cook and seconded agreement between the two plans in the corners of by Representative Kasper that revised template A the state. He said the differences in Burke County (PDF map or Google Earth image), as modified, be create a lack of agreement in the northwest corner of recommended and forwarded to the Legislative the state. He said Burke County should remain whole Management. and should be in District 2 not District 6. Chairman Holmberg said deviation range in Senator Lyson said he opposed revised revised template A is District 15 at -4.28 percent and template B. He said Burke County should be in District 16 at +4.10 percent for a total of 8.38 percent. District 2 not District 6. He said residents of Burke In response to a question from Chairman County, who tend to do business in Williams County, Holmberg, Representative Monson said in revised have more in common with District 2 than District 6. template A, the city of Sarles is split between Chairman Holmberg said both templates have District 10 and District 15 because the city is located been much more sensitive to county lines than in the in two counties. past. The motion carried on a roll call vote. Senators Senator Taylor said because there is much more Holmberg, Christmann, Cook, Grindberg, Klein, and population in District 1 and District 2 than the census Lyson and Representatives Bellew, Devlin, Johnson, shows, having the percentage of deviation in that area Kasper, Monson, and Nathe voted "aye." Senators on the low side is more acceptable than in other areas Taylor and Warner and Representatives Holman and of the state. He said revised template B takes into Kelsh voted "nay." consideration communities of interest and trade Chairman Holmberg reviewed the changes in corridors. population in the odd-numbered districts. He said Representative Holman said there are differences under revised template A, the districts with the largest between the two plans in Districts 22, 24, and 26. He population within a new geographic area in an odd- said Lisbon is in District 24 on revised template A and numbered district would be District 11 at 3,123 and in District 26 on revised template B. District 19 at 8,232. The motion failed on a roll call vote. Senators It was moved by Representative Holman and Taylor and Warner and Representatives Holman and seconded by Representative Devlin that the Kelsh voted "aye." Senators Holmberg, Christmann, threshold for requiring election in a district be set Cook, Grindberg, Klein, and Lyson and at 25 percent or 3,577 of total population within a Representatives Bellew, Devlin, Johnson, Kasper, new geographic area in an odd-numbered district. Monson, and Nathe voted "nay." Representative Holman said at the 25 percent It was moved by Representative Devlin, threshold, only District 19 would be affected. seconded by Senator Cook, and carried on a roll In response to a question from Senator call vote that the proposed changes to District 12 Christmann, Mr. Bjornson said the 20 percent and District 29 with respect to moving the rural threshold was not challenged in 1981. He said it is area of Bloom Township back into District 29 be not uncommon in other states to require every accepted as part of revised template A. Senators member to run again. Holmberg, Christmann, Cook, Grindberg, Klein, The motion carried on a roll call vote. Senators Lyson, Taylor, and Warner and Representatives Holmberg, Christmann, Cook, Grindberg, Klein, Bellew, Devlin, Holman, Johnson, Kasper, Kelsh, Lyson, Taylor, and Warner and Representatives Monson, and Nathe voted "aye." No negative votes Bellew, Devlin, Holman, Johnson, Kasper, Kelsh, were cast. Monson, and Nathe voted "aye." No negative votes The committee reviewed revised template A. were cast. Mr. Bjornson said all the changes discussed and Chairman Holmberg said there are several agreed upon by the committee had been incorporated sections that need to be included in the bill draft that is into the template. He said revised template A forwarded to the Legislative Management. He said contains an area on the boundary of District 4 and the bill draft must include language similar to District 8 which contains a census block that does not 2001 Senate Bill No. 2456 with respect to the allow for a straight boundary line to be drawn. He authority of the Secretary of State to adopt modified said it may be possible to manually draw a line that election deadlines and procedures, legislative intent would follow the section line. with respect to the terms of incumbent legislators and It was moved by Senator Cook, seconded by legislative district boundaries, an effective date, the Representative Johnson, and carried on a roll call repeal of the current district descriptions contained in vote that the boundary line in revised template A North Dakota Century Code Section 54-03-01.11, and between District 4 and District 8 be modified to language to address the staggering of terms of follow the section line in order to create a straight members of the Legislative Assembly as a result of boundary line. Senators Holmberg, Christmann, redistricting. Legislative Redistricting 4 October 11-12, 2011

In response to a question from Representative residency requires both intent and action. He said it is Kasper, Mr. Bjornson said the issue of the time period likely that building a home and planning to move into within which a member who, as a result of the that home would be sufficient intent of residency. redistricting process, is redistricted out of his or her In response to a question from Senator Grindberg, district can move back into the district without losing Representative Devlin said a date of April 1, 2012, his or her seat, is a policy decision to be made by the may be too late to fill a vacancy. Legislative Assembly. It was moved by Senator Christmann, In response to a question from Senator Cook, seconded by Senator Grindberg, and carried on a Mr. Bjornson said giving a member the authority to voice vote to change from February 1, 2012, to decide whether to move back into the district or to March 15, 2012, the date within which a member announce candidacy in the new district may be who was elected from an odd-numbered district interpreted by a court as an unlawful delegation of and who, as a result of legislative redistricting is legislative authority. placed in an even-numbered district, must change Representative Kelsh said February 1 would be a that member's place of residence to a location in fair date by which a member would have to announce the odd-numbered district from which the member he or she is moving back into that member's old was elected. district. Mr. Bjornson said Sections 3 and 4 of the In response to a question from Senator Grindberg, proposed language contain the same language that Mr. Bjornson said when setting the cutoff date, it is was used in previous legislative redistricting bills. He important to consider other election deadlines. He said Section 3 gives the Secretary of State the said it is better to address the situation in the bill draft authority to adjust deadlines. He said Section 4 rather than having the decision made by a court. addresses city limits and reservation boundary At the request of Chairman Holmberg, changes. He said this section would provide that Mr. Bjornson provided to the committee proposed even if city limits and reservation boundaries change language (Appendix C) with respect to the issue of in the next 10 years, the legislative district boundaries incumbents in odd-numbered districts who, as a result do not change. of redistricting, reside in an even-numbered district. Mr. Bjornson said when drafting the district He said the proposed language would give a member descriptions, it is understood that a description of a of the Legislative Assembly who was elected from an township includes the cities within that township. He odd-numbered district and who, as a result of said the bill draft also will include a repeal of the legislative redistricting is placed in an even-numbered 2001 redistricting legislation. He said the bill draft district, until February 1, 2012, to change that also may make reference to the official maps on file. member's place of residence to a location in the odd- In a discrepancy in the district descriptions, he said, numbered district from which the member was the map would control. elected. He said the proposed language would also In response to a question from Representative require the member to certify that intent to relocate to Bellew, Mr. Bjornson said the Fort Berthold the Secretary of State and to the chairman of the Reservation is the only reservation in the state in Legislative Management. which the reservation boundary would be a part of the In response to a question from Representative description of the district boundary. Nathe, Mr. Bjornson said under the proposed In response to a question from Senator language, if an odd-numbered district gained more Christmann, Mr. Bjornson said the Legislative than 3,577 people in the new geographic area of that Assembly cannot delegate to a local jurisdiction the district, an election would be required. authority to change district boundaries by changing In response to a question from Senator city limits on which a district boundary is based. He Christmann, Chairman Holmberg said the language said the language in Section 4 clarifies that intent. regarding a population of 3,577 should be changed to It was moved by Representative Devlin, 25 percent of the ideal district size. seconded by Senator Christmann, and carried on In response to a question from Senator Cook, a roll call vote to direct to the Legislative Council Mr. Bjornson said the language in subsection 4 of staff to prepare a bill draft based upon the revised Section 2 could be revised with respect to whether the template A and the proposed language agreed member must be moved into an even-numbered upon by the committee with respect to the district or whether the language should refer to any staggering of terms, the authority of the Secretary district other than the one to which the member had of State, the legislative intent, and an effective been elected. date of December 1, 2011, and that the bill draft be In response to a question from Representative approved and recommended to the Legislative Kelsh, Mr. Bjornson said the reference to Section Management. Senators Holmberg, Christmann, 54-01-26 in subsection 4 of Section 2 of the proposed Cook, Grindberg, Klein, Lyson, and Taylor and language deals with the requirements for establishing Representatives Bellew, Devlin, Holman, Johnson, residency. Kasper, Kelsh, Monson, and Nathe voted "aye." No In response to a question from Representative negative votes were cast. Kasper, Mr. Bjornson said the determination of one's Legislative Redistricting 5 October 11-12, 2011

It was moved by Representative Kasper and In response to a question from Chairman seconded by Representative Bellew that the Holmberg, Representative Kelsh said he would be Legislative Council staff prepare a bill draft that more comfortable with the idea if the committee had would require that each legislative district contain held a public hearing on the issue before proceeding at least six precincts and that the bill draft be on the issue. approved and recommended to the Legislative The motion carried on a roll call vote. Senators Management. Christmann, Cook, Grindberg, Klein, Lyson, and Representative Kasper said Cass County is Taylor and Representatives Bellew, Holman, Johnson, considering having as few as two precincts per Kasper, Kelsh, Monson, and Nathe voted "aye." district. He said this is especially problematic for Senator Holmberg and Representative Devlin voted political parties to identify where the support for the "nay." party is located. It was moved by Representative Johnson, Chairman Holmberg said there may be argument seconded by Representative Monson, and carried that this issue is not an issue for this committee but on a roll call vote that the chairman and the staff rather would more appropriately be handled by a of the Legislative Council be requested to prepare Government and Veterans' Affairs Committee. a report and the bill drafts recommended by the Senator Taylor said he would like to receive more committee and to present the report and information on the current number of precincts per recommended bill drafts to the Legislative district and the extent to which this is a problem. Management. Senators Holmberg, Christmann, Representative Kasper said authority to establish Cook, Grindberg, Klein, Lyson, and Taylor and precincts has been delegated to county auditors. He Representatives Bellew, Devlin, Holman, Johnson, said he was not aware this was happening in Cass Kasper, Kelsh, Monson, and Nathe voted "aye." No County until after the fact. negative votes were cast. In response to a question from Representative Representative Kasper commended Chairman Kelsh, Representative Kasper said his proposal would Holmberg for his work as chairman of the committee. apply to a district as a whole and would not apply to Representative Kelsh commended Representative the number of precincts within a county. Holman, Senator Taylor, and Senator Warner for their Representative Holman said the auditor in his work on his party's plan. county indicated that requiring six precincts per district Chairman Holmberg thanked the committee would cause many problems. members for their hard work and attentiveness. He Representative Devlin said this requirement may thanked the Legislative Council staff for its assistance. result in unintended consequences. He said this may He also thanked the Legislative Council information be a Cass County issue and not a statewide issue. technology staff for its assistance in dealing with the Representative Monson said Representative committee's computer issues. Kasper may want to consider limiting the population It was moved by Senator Klein, seconded by per precinct rather than the number of precincts per Representative Johnson, and carried on a voice district. vote that the committee be adjourned. Chairman Holmberg called on Mr. Glatt for No further business appearing, Chairman testimony regarding Representative Kasper's Holmberg adjourned the meeting at 10:15 a.m. proposal. Mr. Glatt said the committee should request input from auditors and the public. He said the public wants convenience in voting. He said the public ______wants to vote early, by mail, in a central convenient John Bjornson location, and on their way to work. He said Cass Committee Counsel County has been quite progressive in the way that county handles elections. Representative Kasper said his proposal would not ______affect any convenience options. He said it would only Vonette J. Richter require that there are six precincts within a district. He Committee Counsel said it would not affect where or the number of polling places. He said his proposal would help identify the ATTACH:3 political makeup of a district.