[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7740 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 7740

To establish the use of ranked choice voting in elections for Senators 
 and 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 according to 
             nonpartisan criteria, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 2024

    Mr. Beyer (for himself, Mr. Raskin, Mr. Blumenauer, Ms. Lee of 
 California, Mr. Khanna, Mr. McGovern, and Mr. Peters) 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 Senators 
 and 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 according to 
             nonpartisan criteria, 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 Senators and 
                            Representatives.
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. Election of representatives at large in certain States.
Sec. 203. Establishing minimum number of candidates in general 
                            election.
Sec. 204. Conforming amendments.
Sec. 205. Prohibition on winner-take-all elections.
Sec. 206. Exception for States in which use of multi-member or at large 
                            districts will result in diminishment of 
                            voting rights.
Sec. 207. Effective date.
              TITLE III--NONPARTISAN REDISTRICTING REFORM

Sec. 301. Requiring congressional redistricting plans to comply with 
                            nonpartisan criteria.
Sec. 302. Ban on mid-decade redistricting.
Sec. 303. Criteria for redistricting.
Sec. 304. Development of plan.
Sec. 305. Failure by State to enact plan.
Sec. 306. Civil enforcement.
Sec. 307. Effective date.
                      TITLE IV--GENERAL PROVISIONS

Sec. 401. No effect on elections for State and local office.
Sec. 402. Severability.

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 Senate and 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 Senators and Members of the House of 
        Representatives;
            (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; and
            (3) 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 1 of such amendment, 
        including protections against excessive partisan gerrymandering 
        that Federal courts have not enforced because they understand 
        such enforcement to be committed to Congress by the 
        Constitution.

                     TITLE I--RANKED CHOICE VOTING

SEC. 101. REQUIRING RANKED CHOICE VOTING FOR ELECTION OF SENATORS AND 
              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 SENATORS AND 
                            REPRESENTATIVES

``SEC. 321. REQUIRING RANKED CHOICE VOTING FOR ELECTION OF SENATORS AND 
              REPRESENTATIVES.

    ``(a) Ranked Choice Voting.--Except as provided in section 205 of 
the Fair Representation Act, each State shall carry out elections for 
the office of Senator and the office of Representative in Congress 
using ranked choice voting, a system under which each voter may rank 
the candidates for the office in the order of the voter's preference, 
and ballots are tabulated, in accordance with the following:
            ``(1) In any single-seat election and any election for the 
        office of Senator, the State shall carry out the election using 
        single-seat ranked choice voting as described in section 
        322(a).
            ``(2) In any multi-seat election, the State shall carry out 
        the election using multi-seat ranked choice voting as described 
        in section 322(b).
    ``(b) Ballot Design.--
            ``(1) In general.--Each State shall ensure that the ballot 
        used in an ranked choice voting election under this title meets 
        each of the following requirements:
                    ``(A) The ballot shall allow voters to rank 
                candidates in order of choice.
                    ``(B) The number of candidates whom a voter may 
                rank in the election, as determined under paragraph 
                (2), shall be uniform for all voters in the election 
                within the State
                    ``(C) 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.
                    ``(D) 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.
            ``(2) Determination of number of candidates voter may 
        rank.--The number of candidates a voter may rank in a ranked 
        choice voting election shall be determined as follows:
                    ``(A) If feasible, the ballot shall permit voters 
                to rank a number of candidates in the election which is 
                not fewer than the number of seats in the election plus 
                4.
                    ``(B) If the number of candidates in the election 
                is less than the number of ranking provided under 
                subparagraph (A), the ballot shall permit voters to 
                rank a number of candidates which is not fewer than the 
                number of candidates in the election, including write-
                in candidates.
                    ``(C) If it is not feasible for the ballot to 
                permit voters to rank as many candidates as required 
                under subparagraphs (A) or (B), the State may limit the 
                number of candidates who may be ranked for each 
                election on the ballot to a maximum feasible number 
                established by the State, except that such number may 
                not be less than 5 for any election on the ballot.

``SEC. 322. TABULATION OF BALLOTS.

    ``(a) Tabulation for Single-Seat Congressional Elections.--
            ``(1) Process for tabulation.--In the case of a single-seat 
        election, each ballot cast in the election shall count as one 
        vote for the highest-ranked active candidate on the ballot. 
        Tabulation shall proceed in rounds as described in paragraphs 
        (2) and (3).
            ``(2) Elimination of candidates during tabulation.--If 
        there are more than two active candidates, the active candidate 
        with the fewest votes is eliminated, each vote cast on a ballot 
        for the eliminated candidate shall be counted for the next-
        ranked active candidate on the ballot, and a new round shall 
        begin.
            ``(3) Completion of tabulation; election of candidate.--
        When there are two or fewer active candidates--
                    ``(A) tabulation is complete; and
                    ``(B) the candidate receiving the greatest number 
                of votes shall be elected to the office of Senator or 
                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).
    ``(b) Tabulation for Multi-Seat Congressional Elections.----
            ``(1) Process for tabulation.--In the case of a multi-seat 
        election, each ballot cast in the election shall count at its 
        current transfer value for the highest-ranked active candidate 
        on the ballot. Tabulation shall proceed as described in 
        paragraphs (2), (3), and (4).
            ``(2) Election of candidates during tabulation; surplus-
        transfer round.--If any active candidate has a number of votes 
        greater than or equal to the election threshold, that candidate 
        shall be designated as elected, and the surplus votes shall be 
        transferred to other candidates as follows:
                    ``(A) Unless paragraph (4) applies, each ballot 
                counting for an elected candidate shall be assigned a 
                new transfer value by multiplying the ballot's current 
                transfer value by the surplus fraction for the elected 
                candidate, truncated after 4 decimal places.
                    ``(B) Each candidate elected under this paragraph 
                shall be deemed to have a number of votes equal to the 
                election threshold for the contest in all future 
                rounds, each ballot counting towards the elected 
                candidate shall be transferred at its new transfer 
                value to its next-ranked active candidate, and a new 
                round shall begin.
                    ``(C) If two or more candidates have a number of 
                votes greater than the election threshold, the 
                surpluses shall be distributed simultaneously in the 
                same round.
            ``(3) Elimination of candidates during tabulation; 
        elimination round.--Unless paragraph (2) or paragraph (4) 
        applies, the active candidate with the fewest votes is 
        eliminated, each vote cast on a ballot for the eliminated 
        candidate shall be counted for the next-ranked active candidate 
        on the ballot, and a new round shall begin.
            ``(4) Completion of tabulation.--Tabulation in a multi-seat 
        election is complete if--
                    ``(A) the number of elected candidates is equal to 
                the number of seats to be filled and any remaining 
                votes in excess of the election threshold have been 
                counted for each ballot's next-ranked active candidate; 
                or
                    ``(B) the sum of the number of elected candidates 
                and the number of active candidates is less than or 
                equal to the number of seats to be filled at any time.
    ``(c) Treatment of Certain Ballots.--
            ``(1) Treatment of undervotes.--A ballot which is an 
        undervote shall not be counted in any round of tabulation of 
        ballots in an election under this section. For purposes of this 
        paragraph, an `undervote' is a ballot for which the voter does 
        not rank any of the candidates in the election.
            ``(2) Treatment of inactive ballots.--
                    ``(A) In general.--A ballot which becomes an 
                inactive ballot shall no longer count for any candidate 
                for the remainder of the tabulation of ballots in an 
                election under this section after the ballot becomes 
                inactive.
                    ``(B) Inactive ballot defined.--For purposes of 
                this paragraph, an `inactive ballot' is a ballot on 
                which--
                            ``(i) all of the ranked candidates on the 
                        ballot have become inactive; or
                            ``(ii) the voter ranks more than one 
                        candidate at the same ranking and all 
                        candidates at a higher ranking have become 
                        inactive.
            ``(3) Treatment of skipped or repeated rankings.--
                    ``(A) In general.--A ballot which includes any 
                skipped or repeated ranking shall remain active and 
                continue to be counted for the highest-ranked active 
                candidate in an election under this section.
                    ``(B) Skipped and repeated rankings defined.--For 
                purposes of this paragraph--
                            ``(i) a `skipped ranking' is a ranking a 
                        voter does not assign to any candidate while 
                        assigning a subsequent ranking to a candidate; 
                        and
                            ``(ii) a `repeated ranking' is a ranking 
                        for which the voter has assigned the same 
                        candidate that the voter assigned to another 
                        ranking.

``SEC. 323. TREATMENT OF TIES BETWEEN CANDIDATES.

    ``(a) Resolution by Lot.--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 this part and the tabulation cannot 
proceed until the tie is resolved, the tie shall be resolved by lot or 
by such other method as may be provided under State law.
    ``(b) Resolution Prior to Tabulation.--Prior to tabulation, the 
chief election official of the State may resolve prospective ties 
between candidates by lot or according to the method provided under 
State law, as described in subsection (a).
    ``(c) Use During Recount.-- The result of the resolution of any tie 
shall be recorded and reused for purposes of any recount under State 
law.

``SEC. 324. DEFINITIONS.

    ``In this part, the following definitions apply:
            ``(1) The term `active candidate' means, with respect to 
        any round of tabulation under this part, a candidate who has 
        not been elected or eliminated, and who is not a withdrawn 
        candidate.
            ``(2) The term `election threshold' means the number of 
        votes sufficient for a candidate to be elected in a multi-seat 
        election. Such number is equal to the total votes counted for 
        active candidates in the first round of tabulation, divided by 
        the sum of one plus the number of seats to be filled, then 
        increased by one, disregarding any fractions.
            ``(3) The term `highest-ranked active candidate' means the 
        active candidate assigned to a higher ranking than any other 
        active candidate.
            ``(4) The term `multi-seat election' means any primary 
        election in which more than one candidate in the primary 
        election will advance to the general election, any special 
        election for more than one seat, and any general election in 
        which more than one Representative is elected at large or in a 
        multi-member district.
            ``(5) The term `ranking' means the number available to be 
        assigned by a voter to a candidate to express the voter's 
        choice for that candidate, with `1' as the highest ranking and 
        each succeeding positive number as the next highest ranking.
            ``(6) The term `single-seat election' means any primary 
        election in which exactly one candidate in the primary election 
        will advance to the general election, any special election for 
        exactly one seat, any general election for the office of 
        Senator, and any general election in which only one 
        Representative is elected at large.
            ``(7) The term `surplus fraction' means, with respect to an 
        elected candidate as described in section 322(b)(1), the number 
        obtained by subtracting the election threshold from the 
        candidate's vote total, then dividing that number by the 
        candidate's vote total, truncated after four decimal places.
            ``(8) The term `transfer value' means the proportion of a 
        vote that a ballot will contribute to its highest-ranked active 
        candidate. Each ballot begins with a transfer value of 1. If a 
        ballot contributes to the election of a candidate under section 
        322(b)(1), the transfer value shall be the new transfer value 
        assigned under such section.
            ``(9) The term `vote total' means, with respect to a 
        candidate in a round of counting, the total transfer value of 
        all ballots counting for the candidate in the round.
            ``(10) The term `withdrawn candidate' means a candidate 
        who, prior to the date of the election, files or has an 
        authorized designee file a signed letter of withdrawal from the 
        election, in accordance with such rules as the chief election 
        official of the State may establish.

     ``PART 2--PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING

``SEC. 331. PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING.

    ``(a) Payments Described.--
            ``(1) Payments.--Not later than June 1, 2025, the 
        Commission shall make a payment to each State in the amount 
        determined with respect to the State under paragraph (2).
            ``(2) Amount determined on basis of number of registered 
        voters.--
                    ``(A) In general.--The amount determined under this 
                paragraph is the product of--
                            ``(i) the number of individuals registered 
                        to vote in elections for Federal office in the 
                        State, based on the most recently available 
                        information on voter registration in the State, 
                        as provided to the Commission by the State; and
                            ``(ii) the per capita amount established by 
                        the Commission under subparagraph (B).
                    ``(B) Per capita amount.--For purposes of this 
                paragraph, the Commission shall establish a separate, 
                appropriate per capita payment amount for each State 
                that may be no less than $4 and no more than $8, taking 
                into account any reasonable demonstrated or estimated 
                costs associated with the use of ranked choice voting, 
                including costs related to voting equipment updates; 
                election setup licensing costs; programming; ballot 
                design and printing; training; processing, canvassing, 
                centralization, and tabulation; preliminary and final 
                results reporting and displaying; post-election audits 
                and recounts; and voter information, education, and 
                engagement.
    ``(b) Use of Funds.--A State shall use the payment made under 
subsection (a) to implement ranked choice voting under this subtitle, 
including educating voters about ranked choice voting, 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 affect 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.

                      ``PART 3--GENERAL PROVISIONS

``SEC. 341. TREATMENT OF STATES NOT HOLDING PRIMARY ELECTIONS PRIOR TO 
              DATE OF GENERAL ELECTION.

    ``Nothing in this subtitle shall be construed to require a State to 
hold a primary election for the office of Senator or 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.

``SEC. 342. 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.''.
    (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 Senators and 
                            Representatives

        ``Sec. 321. Requiring ranked choice voting for election of 
                            Senators and Representatives.
        ``Sec. 322. Tabulation of ballots.
        ``Sec. 323. Treatment of ties between candidates.
        ``Sec. 324. Definitions.
     ``Part 2--Payments to States To Implement Ranked Choice Voting

        ``Sec. 331. Payments to States to implement ranked choice 
                            voting.
                      ``Part 3--General Provisions

        ``Sec. 341. Treatment of States not holding primary elections 
                            prior to date of general election.
        ``Sec. 342. Application to District of Columbia and 
                            territories.

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--
            (1) elections for the office of Senator which are held 
        during 2026 or any succeeding year; and
            (2) elections for the office of Representative which are 
        held pursuant to the reapportionment of Representatives 
        resulting from the regular decennial census conducted during 
        2030 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.--Except as 
provided in section 202(b), 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)), 
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 Representatives 
shall be elected only from districts so established.
    (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 three or greater than five.

SEC. 202. ELECTION OF REPRESENTATIVES AT LARGE IN CERTAIN STATES.

    (a) Mandatory Elections at Large.--If a State is entitled to five 
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.
    (b) Optional Elections at Large.--If a State is entitled to six or 
seven 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 may, at its option, 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 candidates that advance to the general 
        election do so by winning the nomination of a political party 
        (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 to be 
        nominated by each political party is equal to the lesser of--
                    (A) the number of Representatives who will be 
                elected from the district involved; or
                    (B) the number of candidates in the primary 
                election.
            (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 nominees of that political party to advance to 
        the general election as the party considers appropriate.
            (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 Blanket Primaries.--
            (1) Number of candidates.--If a State uses a nonpartisan 
        blanket 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) five;
                    (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 blanket primary election defined.--In this 
        subsection, a ``nonpartisan blanket primary election'' is a 
        primary election for the office of Representative conducted 
        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, 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 Election.--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 the Revised Statutes 
of the United States (2 U.S.C. 7) for the regularly scheduled general 
election for such offices, all seats shall be elected at the election 
taking place on such date.

SEC. 204. CONFORMING AMENDMENTS.

    (a) Election of Representatives Prior to Reapportionment.--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)), 
is amended by striking ``Until a State'' and inserting ``Except as 
provided in title II of the Fair Representation Act, until a State''.
    (b) Number of Representatives.--Section 22(b) of the Act entitled 
``An Act to provide for apportioning Representatives in Congress among 
the several States by the equal proportions method'', approved November 
15, 1941 (2 U.S.C. 2b), is amended by striking ``Each State'' and 
inserting ``Except as provided in title II of the Fair Representation 
Act, each State''.
    (c) Number of Representatives From Each District.--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), is amended by striking ``In each State'' and inserting ``Except as 
provided in title II of the Fair Representation Act, in each State''.
    (d) Nomination for Representatives at Large.--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), is amended by striking ``Candidates for 
Representative'' and inserting ``Except as provided in title II of the 
Fair Representation Act, candidates for Representative''.

SEC. 205. PROHIBITION ON WINNER-TAKE-ALL ELECTIONS.

    If, for any reason, a State cannot use ranked choice voting under 
subtitle C of title III of the Help America Vote Act of 2002, as added 
by section 101, then in any election held at large or in a multi-winner 
district in which more than one Representative will be elected, all 
Representatives shall be elected using an election method that ensures 
the election of any candidate or any party or slate of candidates who 
earns a number of votes equal to or greater than the total votes 
counted for all candidates, divided by the sum of one plus the number 
of seats to be filled, then increased by one, disregarding any 
fractions..

SEC. 206. EXCEPTION FOR STATES IN WHICH USE OF MULTI-MEMBER OR AT LARGE 
              DISTRICTS WILL RESULT IN DIMINISHMENT OF VOTING RIGHTS.

    (a) Exception.--If, in an action brought under section 306, the 
court determines that the use of multi-member or at large districts by 
a State, as set forth in the congressional redistricting plan of a 
State with respect to the apportionment of Representatives resulting 
from a decennial census, indicates that the redistricting plan will 
deny or abridge the right to vote by having the effect of diminishing 
the ability of any citizens of the United States on account of race or 
color, or in contravention of the guarantees set forth in section 
4(f)(2) of the Voting Rights Act of 1965 (52 U.S.C. 10303(f)(2)), to 
elect their preferred candidates of choice--
            (1) this title shall not apply with respect to any election 
        held in the State which is based on the apportionment of 
        Representatives to which such redistricting plan would apply; 
        and
            (2) subject to section 306(c), the court shall develop and 
        publish a redistricting plan for the State which meets the 
        requirements of title III and under which there are no multi-
        member districts in the State.
    (b) No Effect on Other Requirements.--Nothing in this section shall 
be construed to waive the application of any of the other titles of 
this Act or the amendments made by any of the other titles of this Act 
to a State for which there are no multi-member districts as a result of 
this section, including the requirement to use ranked choice voting as 
set forth in title I or the requirement that the congressional 
redistricting plan of a State meet the requirements of title III.

SEC. 207. EFFECTIVE DATE.

    This title and the amendments made by this title shall apply with 
respect to the One Hundred Twenty-Third Congress and each subsequent 
Congress.

              TITLE III--NONPARTISAN REDISTRICTING REFORM

SEC. 301. REQUIRING CONGRESSIONAL REDISTRICTING PLANS TO COMPLY WITH 
              NONPARTISAN CRITERIA.

    A State may not use a congressional redistricting plan enacted if 
such plan is not in compliance with section 303.

SEC. 302. BAN ON MID-DECADE REDISTRICTING.

    A State that has been redistricted in accordance with this title 
may not be redistricted again until after the next apportionment of 
Representatives 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), unless a court requires the State to 
conduct such subsequent redistricting to comply with the Constitution 
of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et 
seq.), or the terms or conditions of this title.

SEC. 303. CRITERIA FOR REDISTRICTING.

    (a) Ranked Criteria.--The redistricting plan of a State shall be 
developed in accordance with the following criteria, as set forth in 
the following order of priority:
            (1) Districts shall comply with the Constitution of the 
        United States, including the requirement that they 
        substantially equalize total population, without regard to age, 
        citizenship status, or immigration status.
            (2) Districts shall comply with the Voting Rights Act of 
        1965 (52 U.S.C. 10301 et seq.), and all applicable Federal 
        laws.
            (3)(A) Districts shall be drawn, to the extent that the 
        totality of the circumstances warrant, to ensure the practical 
        ability of a group protected under the Voting Rights Act of 
        1965 (52 U.S.C. 10301 et seq.), whether alone or in coalition 
        with others, to participate in the political process and to 
        nominate candidates and to elect representatives of choice is 
        not diluted or diminished.
            (B) For purposes of subparagraph (A), the assessment of 
        whether a protected group has the practical ability to nominate 
        candidates and to elect representatives of choice shall require 
        the consideration of the following factors:
                    (i) Whether the group is politically cohesive.
                    (ii) Whether there is racially polarized voting in 
                the relevant geographic region.
                    (iii) If there is racially polarized voting in the 
                relevant geographic region, whether the preferred 
                candidates of the group nevertheless receive a 
                sufficient amount of consistent crossover support from 
                other voters such that the group has a real opportunity 
                to both nominate candidates and elect representatives 
                of choice.
            (4) To the extent practicable, districts shall reflect the 
        diversity of political opinion in the State such that no 
        district in the State--
                    (A) 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;
                    (B) 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
                    (C) 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.
            (5) To the greatest extent practicable the State shall 
        minimize the number of districts electing 4 Representatives.
            (6) To the greatest extent practicable the State shall 
        maximize the number of districts electing 5 Representatives.
            (7)(A) Districts shall be drawn to represent communities of 
        interest and neighborhoods to the extent practicable after 
        compliance with the requirements of paragraphs (1) through (6). 
        A community of interest is defined as an area for which the 
        record before the entity responsible for developing and 
        adopting the redistricting plan demonstrates the existence of 
        broadly shared interests and representational needs, including 
        shared interests and representational needs rooted in common 
        ethnic, racial, economic, Indian, social, cultural, geographic, 
        or historic identities, or arising from similar socioeconomic 
        conditions. The term communities of interest may, if the record 
        warrants, include political subdivisions such as counties, 
        municipalities, Indian lands, or school districts, but shall 
        not include common relationships with political parties or 
        political candidates.
            (B) For purposes of subparagraph (A), in considering the 
        needs of multiple, overlapping communities of interest, the 
        entity responsible for developing and adopting the 
        redistricting plan shall give greater weight to those 
        communities of interest whose representational needs would most 
        benefit from the community's inclusion in a single 
        congressional district.
    (b) No Favoring or Disfavoring of Political Parties.--
            (1) Prohibition.--A State may not use a redistricting plan 
        to conduct an election if the plan's congressional districts, 
        when considered cumulatively on a statewide basis, have been 
        drawn with the intent or have the effect of materially favoring 
        or disfavoring any political party.
            (2) Determination of effect.--The determination of whether 
        a redistricting plan has the effect of materially favoring or 
        disfavoring a political party shall be based on an evaluation 
        of the totality of circumstances which, at a minimum, shall 
        involve consideration of each of the following factors:
                    (A) Computer modeling based on relevant statewide 
                general elections for Federal office held over the 8 
                years preceding the adoption of the redistricting plan 
                setting forth the probable electoral outcomes for the 
                plan under a range of reasonably foreseeable 
                conditions.
                    (B) An analysis of whether the redistricting plan 
                is statistically likely to result in partisan advantage 
                or disadvantage on a statewide basis, the degree of any 
                such advantage or disadvantage, and whether such 
                advantage or disadvantage is likely to be present under 
                a range of reasonably foreseeable electoral conditions.
                    (C) A comparison of the modeled electoral outcomes 
                for the redistricting plan to the modeled electoral 
                outcomes for alternative plans that demonstrably comply 
                with the requirements of paragraphs (1) through (6) of 
                subsection (a) in order to determine whether reasonable 
                alternatives exist that would result in materially 
                lower levels of partisan advantage or disadvantage on a 
                statewide basis. For purposes of this subparagraph, 
                alternative plans considered may include both actual 
                plans proposed during the redistricting process and 
                other plans prepared for purposes of comparison.
                    (D) Any other relevant information, including how 
                broad support for the redistricting plan was among 
                members of the entity responsible for developing and 
                adopting the plan and whether the processes leading to 
                the development and adoption of the plan were 
                transparent and equally open to all members of the 
                entity and to the public.
            (3) Determination of intent.--A court may rely on all 
        available evidence when determining whether a redistricting 
        plan was drawn with the intent to materially favor or disfavor 
        a political party, including evidence of the partisan effects 
        of a plan, the degree of support the plan received from members 
        of the entity responsible for developing and adopting the plan, 
        and whether the processes leading to development and adoption 
        of the plan were transparent and equally open to all members of 
        the entity and to the public.
            (4) No violation based on certain criteria.--No 
        redistricting plan shall be found to be in violation of 
        paragraph (1) because of the proper application of the criteria 
        set forth in paragraphs (1) through (6) of subsection (a), 
        unless one or more alternative plans could have complied with 
        such paragraphs without having the effect of materially 
        favoring or disfavoring a political party.
    (c) Factors Prohibited From Consideration.--In developing the 
redistricting plan for the State, the State may not take into 
consideration any of the following factors, except as necessary to 
comply with the criteria described in paragraphs (1) through (6) of 
subsection (a), to achieve partisan fairness and comply with subsection 
(b), and to enable the redistricting plan to be measured against the 
external metrics described in section 304(c):
            (1) The residence of any Member of the House of 
        Representatives, candidate, or any other individual who is 
        eligible to serve as a Member of the House of Representatives 
        from the State.
            (2) The political party affiliation or voting history of 
        the population of a district.
    (d) Additional Criteria.--A State may not rely upon criteria, 
districting principles, or other policies of the State which are not 
set forth in this section to justify non-compliance with the 
requirements of this section.
    (e) Applicability.--
            (1) In general.--This section applies to any authority, 
        whether appointed, elected, judicial, or otherwise, responsible 
        for enacting the congressional redistricting plan of a State.
            (2) Date of enactment.--This section applies to any 
        congressional redistricting plan enacted following the regular 
        decennial census conducted during 2030.
    (f) Severability of Criteria.--If any provision of this section, or 
the application of any such provision to any person or circumstance, is 
held to be unconstitutional, the remainder of this section, and the 
application of such provision to any other person or circumstance, 
shall not be affected by the holding.

SEC. 304. DEVELOPMENT OF PLAN.

    (a) Public Notice and Input.--
            (1) Use of open and transparent process.--The entity 
        responsible for developing and adopting the congressional 
        redistricting plan of a State shall solicit and take into 
        consideration comments from the public throughout the process 
        of developing the plan, 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.--
                    (A) Features.--The entity 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:
                            (i) All proposed redistricting plans and 
                        the final redistricting plan, including the 
                        accompanying written evaluation under 
                        subsection (c).
                            (ii) All comments received from the public 
                        submitted under paragraph (1).
                            (iii) Access in an easily usable format to 
                        the demographic and other data used by the 
                        entity to develop and analyze the proposed 
                        redistricting plans, together with any reports 
                        analyzing and evaluating such plans and access 
                        to software that members of the public may use 
                        to draw maps of proposed districts.
                            (iv) A method by which members of the 
                        public may submit comments directly to the 
                        entity.
                    (B) Searchable format.--The entity shall ensure 
                that all information posted and maintained on the site 
                under this paragraph, including information and 
                proposed maps submitted by the public, shall be 
                maintained in an easily searchable format.
            (3) Multiple language requirements for all notices.--The 
        entity responsible for developing and adopting the plan shall 
        make each notice which is required to be posted and published 
        under this section available in any language in which the State 
        (or any jurisdiction in the State) is required to provide 
        election materials under section 203 of the Voting Rights Act 
        of 1965 (52 U.S.C. 10503).
    (b) Development of Plan.--
            (1) Hearings.--The entity responsible for developing and 
        adopting the congressional redistricting plan shall hold 
        hearings both before and after releasing proposed plans in 
        order to solicit public input on the content of such plans. 
        These hearings shall--
                    (A) be held in different regions of the State and 
                streamed live on the public internet site maintained 
                under subsection (a)(2);
                    (B) be sufficient in number, scheduled at times and 
                places, and noticed and conducted in a manner to ensure 
                that all members of the public, including members of 
                racial, ethnic, and language minorities protected under 
                the Voting Rights Act of 1965, have a meaningful 
                opportunity to attend and provide input both before and 
                after the entity releases proposed plans.
            (2) Posting of maps.--The entity responsible for developing 
        and adopting the congressional redistricting plan shall make 
        proposed plans, amendments to proposed plans, and the data 
        needed to analyze such plans for compliance with the criteria 
        of this title available for public review, including on the 
        public internet site required under subsection (a)(2), for a 
        period of not less than 5 days before any vote or hearing is 
        held on any such plan or any amendment to such a plan.
    (c) Release of Written Evaluation of Plan Against External Metrics 
Required Prior To Vote.--The entity responsible for developing and 
adopting the congressional redistricting plan for a State may not hold 
a vote on a proposed redistricting plan, including a vote in a 
committee, unless at least 48 hours prior to holding the vote the State 
has released a written evaluation that measures each such plan against 
external metrics which cover the criteria set forth in section 303(b), 
including the impact of the plan on the ability of members of a class 
of citizens protected by the Voting Rights Act of 1965 (52 U.S.C. 10301 
et seq.) to elect candidates of choice, the degree to which the plan 
preserves or divides communities of interest, and any analysis used by 
the State to assess compliance with the requirements of section 303(a) 
and (b).
    (d) Public Input and Comments.--The entity responsible for 
developing and adopting the congressional redistricting plan for a 
State shall make all public comments received about potential plans, 
including alternative plans, available to the public on the internet 
site required under subsection (a)(2), at no cost, not later than 24 
hours prior to holding a vote on final adoption of a plan.

SEC. 305. FAILURE BY STATE TO ENACT PLAN.

    (a) Deadline for Enactment of Plan.--Except as provided in 
paragraph (2), each State shall enact a final congressional 
redistricting plan following transmission of a notice of apportionment 
to the President by the earliest of--
            (1) the deadline set forth in State law, including any 
        extension to the deadline provided in accordance with State 
        law;
            (2) February 15 of the year in which regularly scheduled 
        general elections for Federal office are held in the State; or
            (3) 90 days before the date of the next regularly scheduled 
        primary election for Federal office held in the State.
    (b) Development of Plan by Court in Case of Missed Deadline.--If a 
State has not enacted a final congressional redistricting plan by the 
applicable deadline under subsection (a), or it appears reasonably 
likely that a State will fail to enact a final congressional 
redistricting plan by such deadline--
            (1) any citizen of the State may file an action in the 
        United States district court for the applicable venue asking 
        the district court to assume jurisdiction;
            (2) the United States district court for the applicable 
        venue, acting through a 3-judge court convened pursuant to 
        section 2284 of title 28, United States Code, shall have the 
        exclusive authority to develop and publish the congressional 
        redistricting plan for the State; and
            (3) the final congressional redistricting plan developed 
        and published by the court under this section shall be deemed 
        to be enacted on the date on which the court publishes the 
        final congressional redistricting plan, as described in 
        subsection (e).
    (c) Applicable Venue.--For purposes of this section, the 
``applicable venue'' with respect to a State is the District of 
Columbia or the judicial district in which the Capital of the State is 
located, as selected by the first party to file with the court 
sufficient evidence that a State has failed to, or is reasonably likely 
to fail to, enact a final redistricting plan for the State prior to the 
expiration of the applicable deadline set forth in subsection (a).
    (d) Procedures for Development of Plan.--
            (1) Criteria.--In developing a redistricting plan for a 
        State under this section, the court shall 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 State 
        under section 303.
            (2) Access to information and records.--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 State in carrying out its 
        duties under this title.
            (3) Hearing; public participation.--In developing a 
        redistricting plan for a State, the court shall--
                    (A) hold one or more evidentiary hearings at which 
                interested members of the public may appear and be 
                heard and present testimony, including expert 
                testimony, in accordance with the rules of the court; 
                and
                    (B) consider other submissions and comments by the 
                public, including proposals for redistricting plans to 
                cover the entire State or any portion of the State.
            (4) Use of special master.--To assist in the development 
        and publication of a redistricting plan for a State under this 
        section, the court shall appoint a special master to make 
        recommendations to the court on possible plans for the State.
    (e) Publication of Plan.--
            (1) Public availability of initial plan.--Upon completing 
        the development of one or more initial redistricting plans, the 
        court shall make the plans available to the public at no cost, 
        and shall also make available the underlying data used to 
        develop the plans and a written evaluation of the plans against 
        external metrics (as described in section 304(c)).
            (2) Publication of final plan.--At any time after the 
        expiration of the 14-day period which begins on the date the 
        court makes the plans available to the public under paragraph 
        (1), and taking into consideration any submissions and comments 
        by the public which are received during such period, the court 
        shall develop and publish the final redistricting plan for the 
        State.
    (f) Use of Interim Plan.--In the event that the court is not able 
to develop and publish a final redistricting plan for the State with 
sufficient time for an upcoming election to proceed, the court may 
develop and publish an interim redistricting plan which shall serve as 
the redistricting plan for the State until the court develops and 
publishes a final plan in accordance with this section. Nothing in this 
subsection may be construed to limit or otherwise affect the authority 
or discretion of the court to develop and publish the final 
redistricting plan, including the discretion to make any changes the 
court deems necessary to an interim redistricting plan.
    (g) Appeals.--Review on appeal of any final or interim plan adopted 
by the court in accordance with this section shall be governed by the 
appellate process in section 306.
    (h) Stay of State Proceedings.--The filing of an action under this 
section shall act as a stay of any proceedings in State court with 
respect to the State's congressional redistricting plan unless 
otherwise ordered by the court.

SEC. 306. CIVIL ENFORCEMENT.

    (a) Civil Enforcement.--
            (1) Actions by attorney general.--The Attorney General may 
        bring a civil action for such relief as may be appropriate to 
        carry out this title.
            (2) Availability of private right of action.--
                    (A) In general.--Any person residing or domiciled 
                in a State who is aggrieved by the failure of the State 
                to meet the requirements of the Constitution or Federal 
                law, including this title, with respect to the State's 
                congressional redistricting, may bring a civil action 
                in the United States district court for the applicable 
                venue for such relief as may be appropriate to remedy 
                the failure.
                    (B) Special rule for claims relating to partisan 
                advantage.--For purposes of subparagraph (A), a person 
                who is aggrieved by the failure of a State to meet the 
                requirements of section 303(b) may include--
                            (i) any political party or committee in the 
                        State; and
                            (ii) any registered voter in the State who 
                        resides in a congressional district that the 
                        voter alleges was drawn in a manner that 
                        contributes to a violation of such section.
                    (C) No awarding of damages to prevailing party.--
                Except for an award of attorney's fees under subsection 
                (d), a court in a civil action under this section shall 
                not award the prevailing party any monetary damages, 
                compensatory, punitive, or otherwise.
            (3) Delivery of complaint to house and senate.--In any 
        action brought under this section, a copy of the complaint 
        shall be delivered promptly to the Clerk of the House of 
        Representatives and the Secretary of the Senate.
            (4) Exclusive jurisdiction and applicable venue.--The 
        district courts of the United States shall have exclusive 
        jurisdiction to hear and determine claims asserting that a 
        congressional redistricting plan violates the requirements of 
        the Constitution or Federal law, including this title. The 
        applicable venue for such an action shall be the United States 
        District Court for the District of Columbia or for the judicial 
        district in which the Capital of the State is located, as 
        selected by the person bringing the action. In a civil action 
        that includes a claim that a redistricting plan is in violation 
        of subsection (a) or (b) of section 303, the United States 
        District Court for the District of Columbia shall have 
        jurisdiction over any defendant who has been served in any 
        United States judicial district in which the defendant resides, 
        is found, or has an agent, or in the United States judicial 
        district in which the Capital of the State is located. Process 
        may be served in any United States judicial district where a 
        defendant resides, is found, or has an agent, or in the United 
        States judicial district in which the Capital of the State is 
        located.
            (5) Use of 3-judge court.--If an action under this section 
        raises statewide claims under the Constitution or this title, 
        the action shall be heard by a 3-judge court convened pursuant 
        to section 2284 of title 28, United States Code.
            (6) Review of final decision.--A final decision in an 
        action brought under this section shall be reviewable on appeal 
        by the United States Court of Appeals for the District of 
        Columbia Circuit, which shall hear the matter sitting en banc. 
        There shall be no right of appeal in such proceedings to any 
        other court of appeals. Such appeal shall be taken by the 
        filing of a notice of appeal within 10 days of the entry of the 
        final decision. A final decision by the Court of Appeals may be 
        reviewed by the Supreme Court of the United States by writ of 
        certiorari.
    (b) Expedited Consideration.--In any action brought under this 
section, it shall be the duty of the district court, the United States 
Court of Appeals for the District of Columbia Circuit, and the Supreme 
Court of the United States (if it chooses to hear the action) to 
advance on the docket and to expedite to the greatest possible extent 
the disposition of the action and appeal.
    (c) Remedies.--
            (1) Adoption of replacement plan.--
                    (A) In general.--If the district court in an action 
                under this section finds that the congressional 
                redistricting plan of a State violates, in whole or in 
                part, the requirements of this title--
                            (i) the court shall adopt a replacement 
                        congressional redistricting plan for the State 
                        in accordance with the process set forth in 
                        section 305; or
                            (ii) if circumstances warrant and no delay 
                        to an upcoming regularly scheduled election for 
                        the House of Representatives in the State would 
                        result, the district court, in its discretion, 
                        may allow a State to develop and propose a 
                        remedial congressional redistricting plan for 
                        review by the court to determine whether the 
                        plan is in compliance with this title, except 
                        that--
                                    (I) the State may not develop and 
                                propose a remedial plan under this 
                                clause if the court determines that the 
                                congressional redistricting plan of the 
                                State was enacted with discriminatory 
                                intent in violation of the Constitution 
                                or section 303(b); and
                                    (II) nothing in this clause may be 
                                construed to permit a State to use such 
                                a remedial plan which has not been 
                                approved by the court.
                    (B) Prohibiting use of plans in violation of 
                requirements.--No court shall order a State to use a 
                congressional redistricting plan which violates, in 
                whole or in part, the requirements of this title, or to 
                conduct an election under terms and conditions which 
                violate, in whole or in part, the requirements of this 
                title.
                    (C) Special rule in case final adjudication not 
                expected within 3 months of election.--
                            (i) Duty of court.--If final adjudication 
                        of an action under this section is not 
                        reasonably expected to be completed at least 3 
                        months prior to the next regularly scheduled 
                        primary election for the House of 
                        Representatives in the State, the district 
                        court shall--
                                    (I) develop, adopt, and order the 
                                use of an interim congressional 
                                redistricting plan in accordance with 
                                section 305(f) to address any claims 
                                under this title for which a party 
                                seeking relief has demonstrated a 
                                substantial likelihood of success; or
                                    (II) order adjustments to the 
                                timing of primary elections for the 
                                House of Representatives and other 
                                related deadlines, as needed, to allow 
                                sufficient opportunity for adjudication 
                                of the matter and adoption of a 
                                remedial or replacement plan for use in 
                                the next regularly scheduled general 
                                elections for the House of 
                                Representatives.
                            (ii) Prohibiting failure to act on grounds 
                        of pendency of election.--The court may not 
                        refuse to take any action described in clause 
                        (i) on the grounds of the pendency of the next 
                        election held in the State or the potential for 
                        disruption, confusion, or additional burdens 
                        with respect to the administration of the 
                        election in the State.
            (2) No stay pending appeal.--Notwithstanding the appeal of 
        an order finding that a congressional redistricting plan of a 
        State violates, in whole or in part, the requirements of this 
        title, no stay shall issue which shall bar the development or 
        adoption of a replacement or remedial plan under this 
        subsection, as may be directed by the district court, pending 
        such appeal. If such a replacement or remedial plan has been 
        adopted, no appellate court may stay or otherwise enjoin the 
        use of such plan during the pendency of an appeal, except upon 
        an order holding, based on the record, that adoption of such 
        plan was an abuse of discretion.
            (3) Special authority of court of appeals.--
                    (A) Ordering of new remedial plan.--If, upon 
                consideration of an appeal under this title, the Court 
                of Appeals determines that a plan does not comply with 
                the requirements of this title, it shall direct that 
                the District Court promptly develop a new remedial plan 
                with assistance of a special master for consideration 
                by the Court of Appeals.
                    (B) Failure of district court to take timely 
                action.--If, at any point during the pendency of an 
                action under this section, the District Court fails to 
                take action necessary to permit resolution of the case 
                prior to the next regularly scheduled election for the 
                House of Representatives in the State or fails to grant 
                the relief described in paragraph (1)(C), any party may 
                seek a writ of mandamus from the Court of Appeals for 
                the District of Columbia Circuit. The Court of Appeals 
                shall have jurisdiction over the motion for a writ of 
                mandamus and shall establish an expedited briefing and 
                hearing schedule for resolution of the motion. If the 
                Court of Appeals determines that a writ should be 
                granted, the Court of Appeals shall take any action 
                necessary, including developing a congressional 
                redistricting plan with assistance of a special master 
                to ensure that a remedial plan is adopted in time for 
                use in the next regularly scheduled election for the 
                House of Representatives in the State.
            (4) Effect of enactment of replacement plan.--A State's 
        enactment of a redistricting plan which replaces a plan which 
        is the subject of an action under this section shall not be 
        construed to limit or otherwise affect the authority of the 
        court to adjudicate or grant relief with respect to any claims 
        or issues not addressed by the replacement plan, including 
        claims that the plan which is the subject of the action was 
        enacted, in whole or in part, with discriminatory intent, or 
        claims to consider whether relief should be granted under 
        section 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 
        10302(c)) based on the plan which is the subject of the action.
    (d) 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.
    (e) 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.).
    (f) Legislative Privilege.--No person, legislature, or State may 
claim legislative privilege under either State or Federal law in a 
civil action brought under this section or in any other legal 
challenge, under either State or Federal law, to a redistricting plan 
enacted under this title.
    (g) Removal.--
            (1) In general.--At any time, a civil action brought in a 
        State court which asserts a claim for which the district courts 
        of the United States have exclusive jurisdiction under this 
        title may be removed by any party in the case, including an 
        intervenor, by filing, in the district court for an applicable 
        venue under this section, a notice of removal signed pursuant 
        to Rule 11 of the Federal Rules of Civil Procedure containing a 
        short and plain statement of the grounds for removal. Consent 
        of parties shall not be required for removal.
            (2) Claims not within the original or supplemental 
        jurisdiction.--If a civil action removed in accordance with 
        paragraph (1) contains claims not within the original or 
        supplemental jurisdiction of the district court, the district 
        court shall sever all such claims and remand them to the State 
        court from which the action was removed.

SEC. 307. EFFECTIVE DATE.

    This title and the amendments made by such title shall apply with 
respect to redistricting carried out pursuant to the decennial census 
conducted during 2030 or any succeeding decennial census.

                      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.
                                 <all>