[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3057 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 3057
To establish the use of ranked choice voting in elections for
Representatives in Congress, to require each State with more than one
Representative to establish multi-member Congressional districts, to
require States to conduct Congressional redistricting through
independent commissions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 26, 2017
Mr. Beyer (for himself, Mr. Raskin, and Mr. Khanna) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on House Administration, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To establish the use of ranked choice voting in elections for
Representatives in Congress, to require each State with more than one
Representative to establish multi-member Congressional districts, to
require States to conduct Congressional redistricting through
independent commissions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fair
Representation Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Finding of Constitutional authority.
TITLE I--RANKED CHOICE VOTING
Sec. 101. Requiring ranked choice voting for election of
Representatives.
``Subtitle C--Ranked Choice Voting
``Part 1--Requiring Ranked Choice Voting for Election of
Representatives
``Sec. 321. Requiring ranked choice voting for election of
Representatives.
``Sec. 322. Application to District of Columbia and
Territories.
``Sec. 323. Treatment of States not holding primary elections
prior to date of general election.
``Part 2--Tabulation Process
``Sec. 331. Tabulation for single-seat Congressional elections.
``Sec. 332. Tabulation for multi-seat Congressional elections.
``Sec. 333. Exclusion of inactive ballots.
``Sec. 334. Treatment of ties between candidates.
``Part 3--Payments to States To Implement Ranked Choice Voting
``Sec. 341. Payments to States to implement ranked choice
voting.
Sec. 102. Applicability of enforcement provisions of Help America Vote
Act of 2002.
Sec. 103. Effective date.
TITLE II--MULTI-MEMBER DISTRICTS
Sec. 201. Requiring use of multi-member districts in certain States.
Sec. 202. Requiring certain States to elect all Representatives at
large.
Sec. 203. Establishing minimum number of candidates in general
election.
Sec. 204. Conforming amendments.
Sec. 205. Effective date.
TITLE III--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING
Subtitle A--General Requirements
Sec. 301. Limit on Congressional redistricting after an apportionment.
Sec. 302. Requiring Congressional redistricting to be conducted through
plan of independent State commission.
Subtitle B--Independent Redistricting Commissions
Sec. 311. Independent redistricting commission.
Sec. 312. Establishment of selection pool of individuals eligible to
serve as members of commission.
Sec. 313. Criteria for redistricting plan by independent commission;
public notice and input.
Sec. 314. Establishment of related entities.
Subtitle C--Role of Courts in Development of Redistricting Plans
Sec. 321. Enactment of plan developed by 3-judge court.
Sec. 322. Special rule for redistricting conducted under order of
Federal court.
Subtitle D--Administrative and Miscellaneous Provisions
Sec. 331. Payments to States for carrying out redistricting.
Sec. 332. Civil enforcement.
Sec. 333. State apportionment notice defined.
TITLE IV--GENERAL PROVISIONS
Sec. 401. No effect on elections for State and local office.
Sec. 402. Severability.
Sec. 403. Effective date.
SEC. 2. FINDING OF CONSTITUTIONAL AUTHORITY.
Congress finds that it has the authority to establish the terms and
conditions States must follow in carrying out Congressional
redistricting after an apportionment of Members of the House of
Representatives and in administering elections for the House of
Representatives because--
(1) the authority granted to Congress under article I,
section 4 of the Constitution of the United States gives
Congress the power to enact laws governing the time, place, and
manner of elections for Members of the House of
Representatives; and
(2) the authority granted to Congress under section 5 of
the fourteenth amendment to the Constitution gives Congress the
power to enact laws to enforce section 2 of such amendment,
which requires Representatives to be apportioned among the
several States according to their number.
TITLE I--RANKED CHOICE VOTING
SEC. 101. REQUIRING RANKED CHOICE VOTING FOR ELECTION OF
REPRESENTATIVES.
(a) In General.--Title III of the Help America Vote Act of 2001 (52
U.S.C. 21081 et seq.) is amended by adding at the end the following new
subtitle:
``Subtitle C--Ranked Choice Voting
``PART 1--REQUIRING RANKED CHOICE VOTING FOR ELECTION OF
REPRESENTATIVES
``SEC. 321. REQUIRING RANKED CHOICE VOTING FOR ELECTION OF
REPRESENTATIVES.
``(a) Ranked Choice Voting.--Each State shall carry out elections
for the office of Representative in Congress, including primary,
special, and runoff elections for such office, using a system of ranked
choice voting under which each voter shall rank the candidates for the
office in the order of the voter's preference, in accordance with this
title.
``(b) Ballot Design.--Each State shall ensure that the ballot used
in an election carried out using a system of ranked choice voting under
this title meets each of the following requirements:
``(1) The ballot shall be simple and easy to understand.
``(2) The ballot shall include all qualified candidates for
the election and (to the extent permitted under State law)
options for voters to select write-in candidates. If feasible,
the ballot shall permit voters to rank every candidate in the
election. If it is not feasible for the ballot to permit voters
to rank every candidate, the State may limit the number of
candidates who may be ranked on the ballot to not fewer than 6.
``(3) The ballot shall include such instructions as the
State considers necessary to enable the voter to rank
candidates and successfully cast the ballot under the system.
``SEC. 322. APPLICATION TO DISTRICT OF COLUMBIA AND TERRITORIES.
``(a) Election of Delegates and Resident Commissioner.--In this
subtitle, the term `Representative' includes a Delegate or Resident
Commissioner to the Congress.
``(b) Application to Northern Mariana Islands.--This subtitle shall
apply with respect to the Commonwealth of the Northern Mariana Islands
in the same manner as this subtitle applies to a State.
``SEC. 323. TREATMENT OF STATES NOT HOLDING PRIMARY ELECTIONS PRIOR TO
DATE OF GENERAL ELECTION.
``Nothing in this title shall be construed to require a State to
hold a primary election for the office of Representative in Congress
prior to the date established under section 25 of the Revised Statutes
of the United States (2 U.S.C. 7) for the regularly scheduled general
election for such office, so long as the determination of the
candidates who are elected to such office is based solely on the votes
cast with respect to the election held on such date, as determined in
accordance with the system of ranked choice voting under this title.
``PART 2--TABULATION PROCESS
``SEC. 331. TABULATION FOR SINGLE-SEAT CONGRESSIONAL ELECTIONS.
``(a) In General.--
``(1) Determination of candidate's number of votes.--In a
single-seat election, the number of votes received by a
candidate shall be equal to the sum of--
``(A) the number of ballots cast in the election on
which the candidate was the highest-ranked candidate;
and
``(B) the number of votes transferred to the
candidate under subsection (b)(2).
``(2) Criteria for election.--In the case of a single-seat
election, a candidate shall be elected to the office of
Representative in Congress (or, in the case of a primary
election, shall advance to the general election for such office
as provided under the law of the State involved) if--
``(A) the candidate receives a number of votes
greater than 50 percent of the number of ballots cast
in the election; or
``(B) if the election official carries out an
additional round of tabulation under subsection (b),
the candidate receives the greatest number of votes of
the 2 remaining continuing candidates (as described in
such subsection).
``(b) Process in Case No Candidate Elected Under Initial
Tabulation.--
``(1) Additional rounds of tabulation.--If, under the
initial tabulation of ballots in a single-seat election, no
candidate is elected to office (or, in the case of a primary
election, no candidate advances to the general election for
such office) under the criteria described in subsection
(a)(2)(A), the election official shall carry out additional
rounds of tabulation in accordance with paragraph (2) until
only 2 continuing candidates remain.
``(2) Treatment of ballots in additional rounds.--In each
additional round of tabulation carried out under this
subsection--
``(A) the candidate receiving the fewest number of
votes among all candidates (or, in the case of a State
which applies batch elimination under paragraph (3),
each candidate in the batch elimination group) shall be
treated as a defeated candidate;
``(B) for each ballot cast for a defeated
candidate, the election official shall determine the
highest-ranked candidate on the ballot who is a
continuing candidate; and
``(C) the vote cast on the ballot shall be
transferred to, and added to the total number of votes
received by, the highest-ranked continuing candidate
determined under subparagraph (B).
``(3) Permitting state to use batch elimination to
determine multiple defeated candidates.--At the option of the
State, with respect to any additional round of tabulation
carried out under this subsection, a State may use batch
elimination to treat multiple candidates as defeated candidates
for purposes of paragraph (2) if such candidates may be placed
in a batch elimination group described as follows:
``(A) If a candidate is in the group, the group
includes each candidate who has received a total number
of votes which is less than or equal to the total
number of votes received by the candidate.
``(B) The total number of votes received by all
candidates in the group is less than the number of
votes received by any candidate who is not in the
group.
``(C) At least 2 candidates are not in the group.
``(c) Definitions.--In this section--
``(1) the term `continuing candidate' means, with respect
to an additional round of tabulation conducted under subsection
(b), a candidate who is not treated as a defeated candidate
during the tabulation of ballots under this section; and
``(2) the term `single-seat election' means--
``(A) a general election in which one
Representative shall be elected; or
``(B) a primary election in which one candidate
shall advance to the general election.
``SEC. 332. TABULATION FOR MULTI-SEAT CONGRESSIONAL ELECTIONS.
``(a) In General.--
``(1) Determination of candidate's number of votes.--In the
case of a multi-seat election, the number of votes received by
a candidate shall be equal to the sum of--
``(A) the number of ballots cast in the election on
which the candidate was the highest-ranked candidate,
based on the initial tabulation of ballots; and
``(B) the number of votes transferred and added
with respect to the candidate under subsection (b).
``(2) Criteria for election.--In the case of a multi-seat
election, a candidate shall be considered to be a winning
candidate and shall be elected to one of the offices of
Representative in the Congressional district (or, in the case
of a primary election, shall advance to the general election
for such offices as provided under the law of the State
involved) if--
``(A) the candidate receives a number of votes
greater than the multi-seat election threshold, as
determined under this section; or
``(B) the candidate is a continuing candidate and
the total number of winning and continuing candidates
is equal to or less than the required number of winning
candidates with respect to the election.
``(b) Process in Case of Insufficient Number of Winning
Candidates.--
``(1) Additional rounds of tabulation.--
``(A) In general.--If under the initial tabulation
of ballots in a multi-seat election, the number of
winning candidates is less than the required number of
winning candidates with respect to the election and
there is at least one continuing candidate, the
election official shall carry out additional rounds of
tabulation in accordance with this subsection until the
number of winning candidates is equal to such required
number of winning candidates.
``(B) Additional rounds described.--The additional
rounds of tabulation under this subsection are as
follows:
``(i) Surplus vote tabulation rounds under
which surplus votes cast for winning candidates
are transferred to other candidates, as
described in paragraph (2).
``(ii) Candidate elimination rounds under
which votes cast for defeated candidates are
transferred to other candidates, as described
in paragraph (3).
``(2) Surplus vote tabulation rounds.--
``(A) Transfer of percentage of winning candidate's
votes to next-highest ranked candidate.--Under a
surplus vote tabulation round carried out under this
paragraph, the election official shall transfer to, and
add to the total number of votes received by, each
continuing candidate a number of votes equal to the
product of--
``(i) the surplus vote allocation
percentage for the winning candidate who has
received the greatest number of votes as of the
beginning of the surplus vote tabulation round
(as determined under subparagraph (B)),
excluding any candidate from whom surplus votes
have been transferred in any previous surplus
vote tabulation round under this paragraph; and
``(ii) the number of ballots cast for such
winning candidate on which such continuing
candidate was the highest-ranked continuing
candidate, as determined by the election
official.
``(B) Determination of number of votes received by
candidate as of beginning of round.--For purposes of
clause (i) of subparagraph (A), the number of votes
received by a candidate as of the beginning of a
surplus vote tabulation round under this paragraph
shall be determined by taking into account--
``(i) the transfer of surplus votes to the
candidate in a previous surplus tabulation
round under this paragraph (if any), and
``(ii) the transfer of votes to the
candidate in a candidate elimination round
carried out under paragraph (3) (if any).
``(C) One-time transfer.--After transferring votes
cast with respect to a winning candidate during a
surplus vote tabulation round under this paragraph, the
election official may not make any subsequent transfer
of any of such candidate's votes during any subsequent
surplus vote tabulation round under this paragraph.
``(D) Surplus vote allocation percentage defined.--
In this paragraph, the term `surplus vote percentage'
means, with respect to a winning candidate, an amount
(expressed as a percentage) equal to--
``(i) the difference between the total
number of votes received by the candidate, as
determined under subsection (a)(1), and the
multi-seat election threshold; divided by
``(ii) the total number of votes received
by the candidate, as determined under
subsection (a)(1),
rounded to 4 decimal places.
``(3) Candidate elimination rounds.--
``(A) Transfer of votes cast for eliminated
candidates.--Subject to subparagraph (C), the election
official shall carry out candidate elimination rounds
under this paragraph as follows:
``(i) The candidate receiving the fewest
number of votes among all candidates as of the
beginning of the round, after taking into
account the transfer of surplus votes in any
surplus vote tabulation round carried out under
paragraph (2) and the transfer of votes cast
for defeated candidates under any previous
candidate elimination round carried out under
this paragraph (or, in the case of a State
which applies batch elimination under
subparagraph (B), each candidate in the batch
elimination group), shall be treated as a
defeated candidate.
``(ii) For each ballot cast for a defeated
candidate, the election official shall
determine the highest-ranked candidate on the
ballot who is a continuing candidate.
``(iii) The vote cast on the ballot shall
be transferred to, and added to the total
number of votes received by, the highest-ranked
continuing candidate determined under clause
(ii).
``(B) Permitting state to use batch elimination to
determine multiple defeated candidates.--At the option
of the State, with respect to any candidate elimination
round carried out under this subsection, a State may
use batch elimination to treat multiple candidates as
defeated candidates for purposes of subparagraph (A) if
such candidates may be placed in a batch elimination
group described as follows:
``(i) If a candidate is in the group, the
group includes each continuing candidate who
has received a total number of votes (after
taking into account the transfer of surplus
votes in any surplus vote tabulation round
carried out under paragraph (2) and the
transfer of votes cast for defeated candidates
under any previous candidate elimination round
carried out under this paragraph) which is less
than or equal to the total number of votes
received by the candidate (after taking into
account such transfer).
``(ii) The total number of votes received
by all candidates in the group (after taking
into account such transfers of votes) is less
than the number of votes received by any other
continuing candidate (after taking into account
such transfer).
``(iii) The total number of votes received
by all candidates in the group (after taking
into account such transfers of votes) is less
than the multi-seat election threshold.
``(iv) The number of continuing candidates
who are not in the group is equal to or greater
than the difference between the number of
candidates who have been elected to office
under the criteria described in subsection
(a)(2) and the number of Representatives to be
elected from the district.
``(C) Candidate elimination round permitted only if
no surplus vote tabulation round possible.--The
election official may not carry out a candidate
elimination round under this paragraph unless, as of
the beginning of the candidate elimination round, there
are no winning candidates from whom surplus votes may
be transferred under a surplus vote tabulation round
under paragraph (2).
``(c) Other Definitions.--In this section--
``(1) the term `continuing candidate' means, with respect
to an additional round of tabulation conducted under subsection
(b), a candidate who is neither a winning candidate nor a
candidate who is treated as a defeated candidate under such
subsection during the tabulation of ballots under this section;
``(2) the `required number of winning candidates' with
respect to an election means--
``(A) in the case of a general election, the number
of Representatives to be elected in the Congressional
district involved, or
``(B) in the case of a primary election, the number
of candidates required to advance to the general
election for the offices of Representatives as provided
under the law of the State involved;
``(3) the term `multi-seat election' means--
``(A) a general election in which more than one
Representative shall be elected, or
``(B) a primary election in which more than one
candidate shall advance to the general election
(without regard to the number of Representatives who
shall be elected in that general election);
``(4) the term `multi-seat election threshold' means, with
respect to an election, an amount equal to--
``(A) the number of ballots cast in the election;
divided by
``(B) the sum of one plus the required number of
winning candidates required with respect to the
election,
rounded up to 4 decimal places; and
``(5) the term `winning candidate' means a candidate who
was elected to office (or, in the case of a primary election,
who advanced to the general election for such office as
provided under the law of the State involved) under the
criteria described in subsection (a)(2) at any time during the
tabulation of ballots under this section.
``SEC. 333. EXCLUSION OF INACTIVE BALLOTS.
``(a) Initial Tabulation.--In the initial tabulation of ballots
under section 331 or section 332, a ballot shall be treated as an
inactive ballot, and no vote on the ballot shall be counted for any
candidate, if--
``(1) the voter does not rank any candidates on the ballot
in order of preference;
``(2) the voter ranks more than one candidate at the
highest order of preference; or
``(3) the voter skips two consecutive numerical rankings
prior to the numerical ranking for the candidate the voter
ranks at the highest order of preference.
``(b) Additional Rounds of Tabulation.--
``(1) Single-seat elections.--In any additional round of
tabulation conducted with respect to a single-seat election
under section 331(b), if a vote cast for a defeated candidate
is cast on an inactive ballot, no vote on the ballot may be
transferred to a continuing candidate under section 331(b).
``(2) Multi-seat elections.--In any additional round of
tabulation conducted with respect to a multi-seat election
under section 332(b)--
``(A) if a vote cast for the winning candidate is
cast on an inactive ballot, no portion of the surplus
vote on such ballot may be transferred to a continuing
candidate under any surplus vote tabulation round
described in paragraph (2) of section 332(b); and
``(B) if a vote cast for a defeated candidate is
cast on an inactive ballot, the vote may not be
transferred to any continuing candidate under any
candidate elimination round described in paragraph (3)
of section 332(b).
``(3) Inactive ballot defined.--In this subsection, the
term `inactive ballot' means, with respect to an additional
round of tabulation under section 331 or section 332--
``(A) a ballot on which the voter does not rank any
of the continuing candidates in order of preference;
``(B) a ballot on which the voter ranked more than
one continuing candidate at the highest order of
preference; or
``(C) a ballot on which the voter skips two or more
consecutive numerical rankings prior to the ranking for
the continuing candidate at the highest order of
preference.
``SEC. 334. TREATMENT OF TIES BETWEEN CANDIDATES.
``(a) Establishment of Random Selection Algorithm.--For each
election for Representative in Congress, the appropriate election
official shall establish and publish a random selection algorithm prior
to the tabulation of ballots under section 331 and section 332.
``(b) Designation of Winning Candidate.--If a tie occurs between
candidates with the greatest number of votes or the fewest number of
votes at any point in the tabulation of ballots under section 331 or
section 332 and the tabulation cannot proceed until the tie is
resolved, the candidate whose name is selected pursuant to the random
selection algorithm established for that round under subsection (a)
shall be considered to have the greatest number of votes among such
candidates.
``PART 3--PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING
``SEC. 341. PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING.
``(a) Payments.--Not later than June 1, 2021, the Commission shall
make a payment to the State in an amount equal to--
``(1) in the case of the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, Guam, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, $1,500,000; or
``(2) in the case of any other State, the sum of $1,000,000
and the product of--
``(A) the number of Representatives to which the
State is entitled under the reapportionment of
Representatives resulting from the regular decennial
census conducted during 2020; and
``(B) $500,000.
``(b) Use of Funds.--A State shall use the payment made under
subsection (a) to implement ranked choice voting under this subtitle
and to otherwise carry out elections for Federal office in the State.
``(c) No Effect on Requirements Payments.--The receipt or use of
the payment made under this section shall not effect a State's
eligibility for or use of a requirements payment made under part 1 of
subtitle D of title II.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for payments under this
section.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the item relating to title III the
following:
``Subtitle C--Ranked Choice Voting
``Part 1--Requiring Ranked Choice Voting for Election of
Representatives
``Sec. 321. Requiring ranked choice voting for election of
Representatives.
``Sec. 322. Application to District of Columbia and Territories.
``Sec. 323. Treatment of States not holding primary elections prior to
date of general election.
``Part 2--Tabulation Process
``Sec. 331. Tabulation for single-seat Congressional elections.
``Sec. 332. Tabulation for multi-seat Congressional elections.
``Sec. 333. Exclusion of exhausted ballots.
``Sec. 334. Treatment of ties between candidates.
``Part 3--Payments to States To Implement Ranked Choice Voting
``Sec. 341. Payments to States to implement ranked choice voting.''.
SEC. 102. APPLICABILITY OF ENFORCEMENT PROVISIONS OF HELP AMERICA VOTE
ACT OF 2002.
Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111)
is amended by striking ``sections 301, 302, and 303'' and inserting
``title III''.
SEC. 103. EFFECTIVE DATE.
This title and the amendments made by this title shall apply with
respect to elections held pursuant to the reapportionment of
Representatives resulting from the regular decennial census conducted
during 2020 and all subsequent elections.
TITLE II--MULTI-MEMBER DISTRICTS
SEC. 201. REQUIRING USE OF MULTI-MEMBER DISTRICTS IN CERTAIN STATES.
(a) Rules for States With Six or More Representatives.--If a State
is entitled to six or more Representatives in Congress under an
apportionment made under section 22(a) of the Act entitled ``An Act to
provide for the fifteenth and subsequent decennial censuses and to
provide for an apportionment of Representatives in Congress'', approved
June 18, 1929 (2 U.S.C. 2a(a))--
(1) the State shall establish a number of districts for the
election of Representatives in the State that is less than the
number of Representatives to which the State is entitled; and
(2) the State may not elect any of its Representatives at
large.
(b) Criteria for Number of Districts.--In establishing the number
of districts for the State under subsection (a), the State shall follow
the following criteria:
(1) The State shall ensure that districts shall each have
equal population per Representative as nearly as practicable,
in accordance with the Constitution of the United States.
(2) The number of Representatives to be elected from any
district may not be fewer than 3 or greater than 5.
SEC. 202. REQUIRING CERTAIN STATES TO ELECT ALL REPRESENTATIVES AT
LARGE.
If a State is entitled to 5 or fewer Representatives in Congress
under an apportionment made under section 22(a) of the Act entitled
``An Act to provide for the fifteenth and subsequent decennial censuses
and to provide for an apportionment of Representatives in Congress'',
approved June 18, 1929 (2 U.S.C. 2a(a)), the State shall elect all such
Representatives at large.
SEC. 203. ESTABLISHING MINIMUM NUMBER OF CANDIDATES IN GENERAL
ELECTION.
(a) States With Partisan Nominating Primaries.--
(1) In general.--If, in a primary election for the office
of Representative, the identification and number of candidates
who will advance to the general election for such office is
based on the candidates' political party preferences (without
regard to whether or not the election is open or closed to
voters on the basis of political party preference), the State
shall ensure that the number of candidates in the election who
advance to the general election for the office with a
particular political party preference is equal to the number of
Representatives who will be elected from the district involved.
(2) Authority of political parties to determine number of
candidates advancing in multi-seat elections.--Notwithstanding
paragraph (1), in the case of a primary election described in
such paragraph which is a multi-seat primary election, a State
may permit a political party to adopt a rule that provides for
such number of candidates of that political party to advance to
the general election as the party considers appropriate, so
long as the number is not less than 2.
(3) Multi-seat primary election defined.--In this
subsection, the term ``multi-seat primary election'' means a
primary election held to select the candidates for a general
election in which more than one Representative shall be
elected.
(b) States With Nonpartisan Nominating Primaries.--
(1) Number of candidates.--If a State uses a nonpartisan
nominating primary election to determine which candidates will
advance to the general election for the office of
Representative, the State shall ensure that the number of
candidates who advance to the general election for the office
is not less than the greater of--
(A) 5;
(B) twice the number of Representatives who will be
elected from the district involved; or
(C) such greater number as the State may establish
by law.
(2) Nonpartisan nominating primary election defined.--In
this subsection, a ``nonpartisan nominating primary election''
is a primary election for the office of Representative under
which--
(A) each candidate for such office, regardless of
the candidate's political party preference or lack
thereof, shall appear on a single ballot;
(B) each voter in the State who is eligible to vote
in elections for Federal office in the district
involved may cast a ballot in the election, regardless
of the voter's political party preference or lack
thereof; and
(C) the identification and number of candidates who
advance to the general election for the office is
determined without regard to the candidates' political
party preferences or lack thereof.
(c) Exception for States Not Holding Primary Elections Prior to
Date of Regularly Scheduled General Elections.--This section does not
apply in the case of a State that does not hold primary elections for
the office of Representative prior to the date established under
section 25 of Revised Statutes of the United States (2 U.S.C. 7) for
the regularly scheduled general election for such offices.
SEC. 204. CONFORMING AMENDMENTS.
The following provisions of law are hereby repealed:
(1) Section 22(c) of the Act entitled ``An Act to provide
for the fifteenth and subsequent decennial censuses and to
provide for an apportionment of Representatives in Congress'',
approved June 18, 1929 (2 U.S.C. 2a(c)).
(2) The Act entitled ``An Act for the relief of Doctor
Ricardo Vallejo Samala and to provide for congressional
redistricting'', approved December 14, 1967 (2 U.S.C. 2c).
(3) Section 5 of the Act entitled ``An Act For the
apportionment of Representatives in Congress among the several
States under the Thirteenth Census'', approved August 8, 1911
(2 U.S.C. 5).
SEC. 205. EFFECTIVE DATE.
This title and the amendments made by this title shall apply with
respect to the One Hundred Seventeenth Congress and each subsequent
Congress.
TITLE III--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING
Subtitle A--General Requirements
SEC. 301. LIMIT ON CONGRESSIONAL REDISTRICTING AFTER AN APPORTIONMENT.
A State which has been redistricted in the manner provided by law
after an apportionment under section 22(a) of the Act entitled ``An Act
to provide for the fifteenth and subsequent decennial censuses and to
provide for an apportionment of Representatives in Congress'', approved
June 18, 1929 (2 U.S.C. 2a), may not be redistricted again until after
the next apportionment of Representatives under such section, unless a
court requires the State to conduct such subsequent redistricting to
comply with the Constitution, to enforce the Voting Rights Act of 1965
(52 U.S.C. 10301 et seq.), to comply with this Act, or to comply with
any other applicable Federal law.
SEC. 302. REQUIRING CONGRESSIONAL REDISTRICTING TO BE CONDUCTED THROUGH
PLAN OF INDEPENDENT STATE COMMISSION.
Notwithstanding any other provision of law, any Congressional
redistricting conducted by a State shall be conducted in accordance
with--
(1) the redistricting plan developed and enacted into law
by the independent redistricting commission established in the
State, in accordance with subtitle B; or
(2) if a plan developed by such commission is not enacted
into law, the redistricting plan developed and enacted into law
by a 3-judge court of the United States District Court for the
District of Columbia, in accordance with section 301.
Subtitle B--Independent Redistricting Commissions
SEC. 311. INDEPENDENT REDISTRICTING COMMISSION.
(a) Appointment of Members.--
(1) In general.--The nonpartisan agency established or
designated by a State under section 314(a) shall establish an
independent redistricting commission for the State, which shall
consist of 12 members appointed by the agency as follows:
(A) The agency shall appoint 4 members on a random
basis from the majority category of the approved
selection pool (as described in section 312(b)(1)(A)).
(B) The agency shall appoint 4 members on a random
basis from the minority category of the approved
selection pool (as described in section 312(b)(1)(B)).
(C) The agency shall appoint 4 members on a random
basis from the independent category of the approved
selection pool (as described in section 312(b)(1)(C)).
(2) Appointment of alternates to serve in case of
vacancies.--At the time the agency appoints the members of the
independent redistricting commission under paragraph (1) from
each of the categories referred to in such paragraph, the
agency shall, on a random basis, designate 2 other individuals
from such category to serve as alternate members who may be
appointed to fill vacancies in the commission in accordance
with paragraph (3).
(3) Vacancy.--If a vacancy occurs in the commission with
respect to a member who was appointed from one of the
categories referred to in paragraph (1), the nonpartisan agency
shall fill the vacancy by appointing, on a random basis, one of
the 2 alternates from such category who was designated under
paragraph (2). At the time the agency appoints an alternate to
fill a vacancy under the previous sentence, the agency shall
designate, on a random basis, another individual from the same
category to serve as an alternate member, in accordance with
paragraph (2).
(b) Procedures for Conducting Commission Business.--
(1) Chair.--Members of an independent redistricting
commission established under this section shall select by
majority vote one member who was appointed from the independent
category of the approved selection pool described in section
312(b)(1)(C) to serve as chair of the commission. The
commission may not take any action to develop a redistricting
plan for the State under section 313 until the appointment of
the commission's chair.
(2) Requiring majority approval for actions.--The
independent redistricting commission of a State may not publish
and disseminate any draft or final redistricting plan, or take
any other action, without the approval of at least--
(A) a majority of the whole membership of the
commission; and
(B) at least one member of the commission appointed
from each of the categories of the approved selection
pool described in section 312(b)(1).
(3) Quorum.--A majority of the members of the commission
shall constitute a quorum.
(c) Staff; Contractors.--
(1) Staff.--The independent redistricting commission of a
State may appoint and set the pay of such staff as it considers
appropriate, subject to State law.
(2) Contractors.--The independent redistricting commission
of a State may enter into such contracts with vendors as it
considers appropriate, subject to State law, except that any
such contract shall be valid only if approved by the vote of a
majority of the members of the commission, including at least
one member appointed from each of the categories of the
approved selection pool described in section 312(b)(1).
(3) Goal of impartiality.--The commission shall take such
steps as it considers appropriate to ensure that any staff
appointed under this subsection, and any vendor with whom the
commission enters into a contract under this subsection, will
work in an impartial manner, and may require any person who
applies for an appointment to a staff position or for a
vendor's contract with the commission to provide information on
the person's history of political activity (including donations
to candidates, political committees, and political parties) as
a condition of the appointment or the contract.
(d) Termination.--
(1) In general.--The independent redistricting commission
of a State shall terminate on the earlier of--
(A) June 14 of the following year ending in the
numeral zero; or
(B) the day on which the nonpartisan agency
established or designated by a State under section
314(a) has, in accordance with section 312(b)(1),
submitted a selection pool to the Select Committee on
Redistricting for the State established under section
314(b).
(2) Preservation of records.--The State shall ensure that
the records of the independent redistricting commission are
retained in the appropriate State archive in such manner as may
be necessary to enable the State to respond to any civil action
brought with respect to Congressional redistricting in the
State.
SEC. 312. ESTABLISHMENT OF SELECTION POOL OF INDIVIDUALS ELIGIBLE TO
SERVE AS MEMBERS OF COMMISSION.
(a) Criteria for Eligibility.--
(1) In general.--An individual is eligible to serve as a
member of an independent redistricting commission if the
individual meets each of the following criteria:
(A) As of the date of appointment, the individual
is registered to vote in elections for Federal office
held in the State.
(B) During the 3-year period ending on the date of
the individual's appointment, the individual has been
continuously registered to vote with the same political
party, or has not been registered to vote with any
political party.
(C) The individual submits to the nonpartisan
agency established or designated by a State under
section 313, at such time and in such form as the
agency may require, an application for inclusion in the
selection pool under this section, and includes with
the application a written statement containing the
following information and assurances:
(i) A statement of the political party with
which the individual is affiliated, if any.
(ii) An assurance that the individual shall
commit to carrying out the individual's duties
under this title in an honest, independent, and
impartial fashion, and to upholding public
confidence in the integrity of the
redistricting process.
(iii) An assurance that, during the covered
periods described in paragraph (3), the
individual has not taken and will not take any
action which would disqualify the individual
from serving as a member of the commission
under paragraph (2).
(2) Disqualifications.--An individual is not eligible to
serve as a member of the commission if any of the following
applies during any of the covered periods described in
paragraph (3):
(A) The individual or (in the case of the covered
periods described in subparagraphs (A) and (B) of
paragraph (3)) an immediate family member of the
individual holds public office or is a candidate for
election for public office.
(B) The individual or (in the case of the covered
periods described in subparagraphs (A) and (B) of
paragraph (3)) an immediate family member of the
individual serves as an officer of a political party or
as an officer, employee, or paid consultant of a
campaign committee of a candidate for public office.
(C) The individual or (in the case of the covered
periods described in subparagraphs (A) and (B) of
paragraph (3)) an immediate family member of the
individual holds a position as a registered lobbyist
under the Lobbying Disclosure Act of 1995 (2 U.S.C.
1601 et seq.) or an equivalent State or local law.
(D) The individual or (in the case of the covered
periods described in subparagraphs (A) and (B) of
paragraph (3)) an immediate family member of the
individual is an employee of an elected public
official, a contractor with the legislature of the
State, or a donor to the campaign of any candidate for
public office (other than a donor who, during any of
such covered periods, gives an aggregate amount of
$20,000 or less to the campaigns of all candidates for
all public offices).
(3) Covered periods described.--In this subsection, the
term ``covered period'' means, with respect to the appointment
of an individual to the commission, any of the following:
(A) The 5-year period ending on the date of the
individual's appointment.
(B) The period beginning on the date of the
individual's appointment and ending on August 14 of the
next year ending in the numeral one.
(C) The 5-year period beginning on the day after
the last day of the period described in subparagraph
(B).
(4) Immediate family member defined.--In this subsection,
the term ``immediate family member'' means, with respect to an
individual, a father, stepfather, mother, stepmother, son,
stepson, daughter, stepdaughter, brother, stepbrother, sister,
stepsister, husband, wife, father-in-law, or mother-in-law.
(b) Development and Submission of Selection Pool.--
(1) In general.--Not later than June 15 of each year ending
in the numeral zero, the nonpartisan agency established or
designated by a State under section 314(a) shall develop and
submit to the Select Committee on Redistricting for the State
established under section 314(b) a selection pool of 36
individuals who are eligible to serve as members of the
independent redistricting commission of the State under this
title, consisting of individuals in the following categories:
(A) A majority category, consisting of 12
individuals who are affiliated with the political party
with the largest percentage of the registered voters in
the State who are affiliated with a political party (as
determined with respect to the most recent Statewide
election for Federal office held in the State for which
such information is available).
(B) A minority category, consisting of 12
individuals who are affiliated with the political party
with the second largest percentage of the registered
voters in the State who are affiliated with a political
party (as so determined).
(C) An independent category, consisting of 12
individuals who are not affiliated with either of the
political parties described in subparagraph (A) or
subparagraph (B).
(2) Factors taken into account in developing pool.--In
selecting individuals for the selection pool under this
subsection, the nonpartisan agency shall--
(A) to the maximum extent practicable, ensure that
the pool reflects the representative demographic groups
(including races, ethnicities, and genders) and
geographic regions of the State; and
(B) take into consideration the analytical skills
of the individuals selected in relevant fields
(including mapping, data management, law, community
outreach, demography, and the geography of the State)
and their ability to work on an impartial basis.
(3) Determination of political party affiliation of
individuals in selection pool.--For purposes of this section,
an individual shall be considered to be affiliated with a
political party on the basis of the information the individual
provides in the application submitted under subsection
(a)(1)(D).
(4) Encouraging residents to apply for inclusion in pool.--
The nonpartisan agency shall take such steps as may be
necessary to ensure that residents of the State across various
geographic regions and demographic groups are aware of the
opportunity to serve on the independent redistricting
commission, including publicizing the role of the panel and
using newspapers, broadcast media, and online sources,
including ethnic media, to encourage individuals to apply for
inclusion in the selection pool developed under this
subsection.
(5) Report on establishment of selection pool.--At the time
the nonpartisan agency submits the selection pool to the Select
Committee on Redistricting under paragraph (1), it shall
publish a report describing the process by which the pool was
developed, and shall include in the report a description of how
the individuals in the pool meet the eligibility criteria of
subsection (a) and of how the pool reflects the factors the
agency is required to take into consideration under paragraph
(2).
(6) Action by select committee.--
(A) In general.--Not later than 14 days after
receiving the selection pool from the nonpartisan
agency under paragraph (1), the Select Committee on
Redistricting shall--
(i) approve the pool as submitted by the
nonpartisan agency, in which case the pool
shall be considered the approved selection pool
for purposes of section 311(a)(1); or
(ii) reject the pool, in which case the
nonpartisan agency shall develop and submit a
replacement selection pool in accordance with
subsection (c).
(B) Inaction deemed rejection.--If the Select
Committee on Redistricting fails to approve or reject
the pool within the deadline set forth in subparagraph
(A), the Select Committee shall be deemed to have
rejected the pool for purposes of such subparagraph.
(c) Development of Replacement Selection Pool.--
(1) In general.--If the Select Committee on Redistricting
rejects the selection pool submitted by the nonpartisan agency
under subsection (b), not later than 14 days after the
rejection, the nonpartisan agency shall develop and submit to
the Select Committee a replacement selection pool, under the
same terms and conditions that applied to the development and
submission of the selection pool under paragraphs (1) through
(5) of subsection (b). The replacement pool submitted under
this paragraph may include individuals who were included in the
rejected selection pool submitted under subsection (b), so long
as at least one of the individuals in the replacement pool was
not included in such rejected pool.
(2) Action by select committee.--
(A) In general.--Not later than 14 days after
receiving the replacement selection pool from the
nonpartisan agency under paragraph (1), the Select
Committee on Redistricting shall--
(i) approve the pool as submitted by the
nonpartisan agency, in which case the pool
shall be considered the approved selection pool
for purposes of section 311(a)(1); or
(ii) reject the pool, in which case the
nonpartisan agency shall develop and submit a
second replacement selection pool in accordance
with subsection (d).
(B) Inaction deemed rejection.--If the Select
Committee on Redistricting fails to approve or reject
the pool within the deadline set forth in subparagraph
(A), the Select Committee shall be deemed to have
rejected the pool for purposes of such subparagraph.
(d) Development of Second Replacement Selection Pool.--
(1) In general.--If the Select Committee on Redistricting
rejects the replacement selection pool submitted by the
nonpartisan agency under subsection (c), not later than 14 days
after the rejection, the nonpartisan agency shall develop and
submit to the Select Committee a second replacement selection
pool, under the same terms and conditions that applied to the
development and submission of the selection pool under
paragraphs (1) through (5) of subsection (b). The second
replacement selection pool submitted under this paragraph may
include individuals who were included in the rejected selection
pool submitted under subsection (b) or the rejected replacement
selection pool submitted under subsection (c), so long as at
least one of the individuals in the replacement pool was not
included in either such rejected pool.
(2) Action by select committee.--
(A) In general.--Not later than 14 days after
receiving the second replacement selection pool from
the nonpartisan agency under paragraph (1), the Select
Committee on Redistricting shall--
(i) approve the pool as submitted by the
nonpartisan agency, in which case the pool
shall be considered the approved selection pool
for purposes of section 311(a)(1); or
(ii) reject the pool, in which case--
(I) the nonpartisan agency shall
not develop or submit any other
selection pool for purposes of this
title; and
(II) the United States District
Court for the District of Columbia
shall develop and enact the
redistricting plan for the State, in
accordance with section 301.
(B) Inaction deemed rejection.--If the Select
Committee on Redistricting fails to approve or reject
the pool within the deadline set forth in subparagraph
(A), the Select Committee shall be deemed to have
rejected the pool for purposes of such subparagraph.
SEC. 313. CRITERIA FOR REDISTRICTING PLAN BY INDEPENDENT COMMISSION;
PUBLIC NOTICE AND INPUT.
(a) Development of Redistricting Plan.--
(1) Criteria.--In addition to the criteria set forth in
section 201(b), the independent redistricting commission of a
State shall develop a redistricting plan for the State in
accordance with the following criteria, prioritized according
to the following order:
(A) To the extent practicable, districts shall be
contiguous (except to the extent necessary to include
any area which is surrounded by a body of water).
(B) Districts shall be established in a manner
consistent with the Voting Rights Act of 1965 (52
U.S.C. 10301 et seq.) and other Federal law.
(C) To the extent practicable, districts shall
reflect the diversity of political opinion in the State
such that no district in the State--
(i) elects exactly 3 Representatives and
the nominee of one political party for
President received at least 75 percent of the
votes cast in the geographic area covered by
the district in 2 of the 3 most recent
Presidential elections;
(ii) elects exactly 4 Representatives and
the nominee of one political party for
President received at least 80 percent of the
votes cast in the geographic area covered by
the district in 2 of the 3 most recent
Presidential elections; or
(iii) elects exactly 5 Representatives and
the nominee of one political party for
President received at least 83 percent of the
votes cast in the geographic area covered by
the district in 2 of the 3 most recent
Presidential elections.
(D) To the greatest extent practicable the State
shall minimize the number of districts electing 4
Representatives.
(E) To the greatest extent practicable the State
shall maximize the number of districts electing 5
Representatives.
(F) To the extent practicable, district boundaries
shall minimize the division of any community of
interest, municipality, county, or neighborhood. For
purposes of this subparagraph, a community of interest
is a contiguous population which shares common social
or economic interests that should be included within a
single district for purposes of its effective and fair
representation. Examples of such shared interests are
those common to an urban area, a rural area, an
industrial area, or an agricultural area, and those
common to areas in which the people share similar
living standards, use the same transportation
facilities, have similar work opportunities, or have
access to the same media of communication relevant to
the election process. Communities of interest shall not
include relationships with political parties, incumbent
officeholders, or political candidates.
(G) To the extent practicable, districts shall be
geographically compact such that nearby areas of
population are not bypassed for more distant areas of
population.
(H) To the extent practicable, the boundaries of
districts shall follow visible geographic features.
(2) Prohibiting consideration of residence of member or
other candidate.--In developing the redistricting plan for the
State, the independent redistricting commission may not take
into consideration the residence of any Member of the House of
Representatives or candidate.
(b) Public Notice and Input.--
(1) Use of open and transparent process.--The independent
redistricting commission of a State shall hold each of its
meetings in public, shall solicit and take into consideration
comments from the public throughout the process of developing
the redistricting plan for the State, and shall carry out its
duties in an open and transparent manner which provides for the
widest public dissemination reasonably possible of its proposed
and final redistricting plans.
(2) Website.--The commission shall maintain a public
Internet site which is not affiliated with or maintained by the
office of any elected official and which includes the following
features:
(A) General information on the commission and its
members, including contact information.
(B) An updated schedule of commission hearings and
activities, including deadlines for the submission of
comments.
(C) All draft redistricting plans developed by the
commission under subsection (c) and the final
redistricting plan developed under subsection (d).
(D) Live streaming of commission hearings and an
archive of previous meetings and other commission
records.
(E) A method by which members of the public may
submit comments directly to the commission.
(F) Access to the demographic data used by the
commission to develop the proposed redistricting plans,
together with any software used to draw maps of
proposed districts.
(3) Public comment period.--The commission shall solicit,
accept, and consider comments from the public with respect to
its duties, activities, and procedures at any time during the
period--
(A) which begins on January 1 of the year ending in
the numeral one; and
(B) which ends 7 days before the date of the
meeting at which the commission shall vote on approving
the final redistricting plan for enactment into law
under subsection (d)(2).
(4) Meetings and hearings in various geographic
locations.--To the greatest extent practicable, the commission
shall hold its meetings and hearings in various geographic
regions and locations throughout the State.
(c) Development and Publication of Preliminary Redistricting
Plan.--
(1) In general.--Prior to developing and publishing a final
redistricting plan under subsection (d), the independent
redistricting commission of a State shall develop and publish a
preliminary redistricting plan.
(2) Minimum public hearings prior to development.--
(A) 3 hearings required.--Prior to developing a
preliminary redistricting plan under this subsection,
the commission shall hold not fewer than 3 public
hearings at which members of the public may provide
input and comments regarding the potential contents of
redistricting plans for the State and the process by
which the commission will develop the preliminary plan
under this subsection.
(B) Minimum period for notice prior to hearings.--
The commission shall notify the public through the
website maintained under subsection (b)(2), as well as
through publication of notice in newspapers of general
circulation throughout the State, of the date, time,
and location of each of the hearings held under this
paragraph not fewer than 14 days prior to the date of
the hearing.
(3) Publication of preliminary plan.--
(A) In general.--The commission shall post the
preliminary redistricting plan developed under this
subsection, together with a report that includes the
commission's responses to any public comments received
under subsection (b)(3), on the website maintained
under subsection (b)(2), and shall provide for the
publication of each such plan in newspapers of general
circulation throughout the State.
(B) Minimum period for notice prior to
publication.--Not fewer than 14 days prior to the date
on which the commission posts and publishes the
preliminary plan under this paragraph, the commission
shall notify the public through the website maintained
under subsection (b)(2), as well as through publication
of notice in newspapers of general circulation
throughout the State, of the pending publication of the
plan.
(4) Minimum period for public comment after publication of
plan.--The commission shall accept and consider comments from
the public with respect to the preliminary redistricting plan
published under paragraph (3) for not fewer than 30 days after
the date on which the plan is published.
(5) Post-publication hearings.--
(A) 3 hearings required.--After posting and
publishing the preliminary redistricting plan under
paragraph (3), the commission shall hold not fewer than
3 public hearings at which members of the public may
provide input and comments regarding the preliminary
plan.
(B) Minimum period for notice prior to hearings.--
The commission shall notify the public through the
website maintained under subsection (b)(2), as well as
through publication of notice in newspapers of general
circulation throughout the State, of the date, time,
and location of each of the hearings held under this
paragraph not fewer than 14 days prior to the date of
the hearing.
(6) Permitting multiple preliminary plans.--At the option
of the commission, after developing and publishing the
preliminary redistricting plan under this subsection, the
commission may develop and publish subsequent preliminary
redistricting plans, so long as the process for the development
and publication of each such subsequent plan meets the
requirements set forth in this subsection for the development
and publication of the first preliminary redistricting plan.
(d) Process for Enactment of Final Redistricting Plan.--
(1) In general.--After taking into consideration comments
from the public on any preliminary redistricting plan developed
and published under subsection (c), the independent
redistricting commission of a State shall develop and publish a
final redistricting plan for the State.
(2) Meeting; final vote.--Not later than August 15 of each
year ending in the numeral one, the commission shall hold a
public hearing at which the members of the commission shall
vote on approving the final plan for enactment into law.
(3) Publication of plan and accompanying materials.--Not
fewer than 14 days before the date of the meeting under
paragraph (2), the commission shall provide the following
information to the public through the website maintained under
subsection (b)(2), as well as through newspapers of general
circulation throughout the State:
(A) The final redistricting plan, including all
relevant maps.
(B) A report by the commission to accompany the
plan which provides the background for the plan and the
commission's reasons for selecting the plan as the
final redistricting plan, including responses to the
public comments received on any preliminary
redistricting plan developed and published under
subsection (c).
(C) Any dissenting or additional views with respect
to the plan of individual members of the commission.
(4) Enactment.--The final redistricting plan developed and
published under this subsection shall be deemed to be enacted
into law if--
(A) the plan is approved by a majority of the whole
membership of the commission; and
(B) at least one member of the commission appointed
from each of the categories of the approved selection
pool described in section 312(b)(1) approves the plan.
(e) Deadline.--The independent redistricting commission of a State
shall approve a final redistricting plan for the State not later than
August 15 of each year ending in the numeral one.
SEC. 314. ESTABLISHMENT OF RELATED ENTITIES.
(a) Establishment or Designation of Nonpartisan Agency of State
Legislature.--
(1) In general.--Each State shall establish a nonpartisan
agency in the legislative branch of the State government to
appoint the members of the independent redistricting commission
for the State in accordance with section 311.
(2) Nonpartisanship described.--For purposes of this
subsection, an agency shall be considered to be nonpartisan if
under law the agency--
(A) is required to provide services on a
nonpartisan basis;
(B) is required to maintain impartiality; and
(C) is prohibited from advocating for the adoption
or rejection of any legislative proposal.
(3) Designation of existing agency.--At its option, a State
may designate an existing agency in the legislative branch of
its government to appoint the members of the independent
redistricting commission plan for the State under this title,
so long as the agency meets the requirements for
nonpartisanship under this subsection.
(4) Termination of agency specifically established for
redistricting.--If a State does not designate an existing
agency under paragraph (3) but instead establishes a new agency
to serve as the nonpartisan agency under this section, the new
agency shall terminate upon the enactment into law of the
redistricting plan for the State.
(5) Deadline.--The State shall meet the requirements of
this subsection not later than each August 15 of a year ending
in the numeral nine.
(b) Establishment of Select Committee on Redistricting.--
(1) In general.--Each State shall appoint a Select
Committee on Redistricting to approve or disapprove a selection
pool developed by the nonpartisan agency under section 312.
(2) Appointment.--The Select Committee on Redistricting for
a State under this subsection shall consist of the following
members:
(A) 1 member of the upper house of the State
legislature, who shall be appointed by the leader of
the party with the greatest number of seats in the
upper house.
(B) 1 member of the upper house of the State
legislature, who shall be appointed by the leader of
the party with the second greatest number of seats in
the upper house.
(C) 1 member of the lower house of the State
legislature, who shall be appointed by the leader of
the party with the greatest number of seats in the
lower house.
(D) 1 member of the lower house of the State
legislature, who shall be appointed by the leader of
the party with the second greatest number of seats in
the lower house.
(3) Special rule for states with unicameral legislature.--
In the case of a State with a unicameral legislature, the
Select Committee on Redistricting for the State under this
subsection shall consist of the following members:
(A) 2 members of the State legislature appointed by
the leader of the party with the greatest number of
seats in the legislature.
(B) 2 members of the State legislature appointed by
the leader of the party with the second greatest number
of seats in legislature.
(4) Deadline.--The State shall meet the requirements of
this subsection not later than each January 15 of a year ending
in the numeral zero.
Subtitle C--Role of Courts in Development of Redistricting Plans
SEC. 321. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE COURT.
(a) Development of Plan.--If any of the triggering events described
in subsection (c) occur with respect to a State--
(1) not later than December 15 of the year in which the
triggering event occurs, the United States District Court for
the District of Columbia, acting through a 3-judge court
convened pursuant to section 2284 of title 28, United States
Code, shall develop and publish the congressional redistricting
plan for the State; and
(2) the plan developed and published by the Court under
this subsection shall be deemed to be enacted on the date on
which the Court publishes the plan.
(b) Procedures for Development of Plan.--
(1) Criteria.--It is the sense of Congress that, in
developing a redistricting plan for a State under this section,
the Court should adhere to the same terms and conditions that
applied (or that would have applied, as the case may be) to the
development of a plan by the independent redistricting
commission of the State under section 313(a).
(2) Access to information and records of commission.--The
Court shall have access to any information, data, software, or
other records and material that was used (or that would have
been used, as the case may be) by the independent redistricting
commission of the State in carrying out its duties under this
title.
(c) Triggering Events Described.--The ``triggering events''
described in this subsection are as follows:
(1) The failure of the State to establish or designate a
nonpartisan agency of the State legislature under section
314(a) prior to the expiration of the deadline set forth in
section 314(a)(5).
(2) The failure of the State to appoint a Select Committee
on Redistricting under section 314(b) prior to the expiration
of the deadline set forth in section 314(b)(4).
(3) The failure of the Select Committee on Redistricting to
approve any selection pool under section 312 prior to the
expiration of the deadline set forth for the approval of the
second replacement selection pool in section 312(d)(2).
(4) The failure of the independent redistricting commission
of the State to approve a final redistricting plan for the
State prior to the expiration of the deadline set forth in
section 313(e).
SEC. 322. SPECIAL RULE FOR REDISTRICTING CONDUCTED UNDER ORDER OF
FEDERAL COURT.
If a Federal court requires a State to conduct redistricting
subsequent to an apportionment of Representatives in the State in order
to comply with the Constitution or to enforce the Voting Rights Act of
1965, section 313 shall apply with respect to the redistricting, except
that the court may revise any of the deadlines set forth in such
section if the court determines that a revision is appropriate in order
to provide for a timely enactment of a new redistricting plan for the
State.
Subtitle D--Administrative and Miscellaneous Provisions
SEC. 331. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING.
(a) Authorization of Payments.--Subject to subsections (c) and (d),
not later than 30 days after a State receives a State apportionment
notice, the Election Assistance Commission shall make a payment to the
State in an amount equal to the product of--
(1) the number of Representatives to which the State is
entitled, as provided under the notice; and
(2) $150,000.
(b) Use of Funds.--A State shall use the payment made under this
section to establish and operate the State's independent redistricting
commission, to implement the State redistricting plan, and to otherwise
carry out Congressional redistricting in the State.
(c) No Payment to States Electing Members at Large.--The Election
Assistance Commission shall not make a payment under this section to
any State which, under the apportionment notice, will elect all of its
Representatives at large.
(d) Requiring Submission of Selection Pool as Condition of
Payment.--The Election Assistance Commission may not make a payment to
a State under this section until the State certifies to the Commission
that the nonpartisan agency established or designated by a State under
section 314(a) has, in accordance with section 312(b)(1), submitted a
selection pool to the Select Committee on Redistricting for the State
established under section 314(b).
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for payments under this
section.
SEC. 332. CIVIL ENFORCEMENT.
(a) Civil Enforcement.--
(1) Actions by attorney general.--The Attorney General may
bring a civil action in an appropriate district court for such
relief as may be appropriate to carry out this title.
(2) Availability of private right of action.--Any citizen
of a State who is aggrieved by the failure of the State
redistricting plan which is enacted into law under section 313
to meet the requirements for such a plan under this title may
bring a civil action in an appropriate district court for such
relief as may be appropriate to remedy the failure, so long as
the individual brings the action during the 45-day period which
begins on the date on which the plan is enacted into law.
(b) Expedited Consideration.--In any action brought forth under
this section, the following rules shall apply:
(1) The action shall be filed in the United States District
Court for the District of Columbia and shall be heard by a 3-
judge court convened pursuant to section 2284 of title 28,
United States Code.
(2) The 3-judge court shall consolidate actions brought for
relief under subsection (b)(1) with respect to the same State
redistricting plan.
(3) A copy of the complaint shall be delivered promptly to
the Clerk of the House of Representatives and the Secretary of
the Senate.
(4) A final decision in the action shall be reviewable only
by appeal directly to the Supreme Court of the United States.
Such appeal shall be taken by the filing of a notice of appeal
within 10 days, and the filing of a jurisdictional statement
within 30 days, of the entry of the final decision.
(5) It shall be the duty of the district court and the
Supreme Court of the United States to advance on the docket and
to expedite to the greatest possible extent the disposition of
the action and appeal.
(c) Attorney's Fees.--In a civil action under this section, the
court may allow the prevailing party (other than the United States)
reasonable attorney fees, including litigation expenses, and costs.
(d) Relation to Other Laws.--
(1) Rights and remedies additional to other rights and
remedies.--The rights and remedies established by this section
are in addition to all other rights and remedies provided by
law, and neither the rights and remedies established by this
section nor any other provision of this title shall supersede,
restrict, or limit the application of the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.).
(2) Voting rights act of 1965.--Nothing in this title
authorizes or requires conduct that is prohibited by the Voting
Rights Act of 1965 (52 U.S.C. 10301 et seq.).
SEC. 333. STATE APPORTIONMENT NOTICE DEFINED.
In this title, the ``State apportionment notice'' means, with
respect to a State, the notice sent to the State from the Clerk of the
House of Representatives under section 22(b) of the Act entitled ``An
Act to provide for the fifteenth and subsequent decennial censuses and
to provide for an apportionment of Representatives in Congress'',
approved June 18, 1929 (2 U.S.C. 2a(b)), of the number of
Representatives to which the State is entitled.
TITLE IV--GENERAL PROVISIONS
SEC. 401. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.
Nothing in this Act or in any amendment made by this Act may be
construed to affect the manner in which a State carries out elections
for State or local office, including the process by which a State
establishes the districts used in such elections.
SEC. 402. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision of this Act or an amendment made by this
Act to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and the application of the provisions to any
person or circumstance, shall not be affected by the holding.
SEC. 403. EFFECTIVE DATE.
(a) Redistricting.--Title III and the amendments made by such title
shall apply with respect to redistricting carried out pursuant to the
decennial census conducted during 2020 or any succeeding decennial
census.
(b) Ranked Choice Voting; Use of Multi-Member Districts.--Titles I
and II and the amendments made by such titles shall apply with respect
to elections for Federal office held in 2022 and each succeeding year.
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