[Congressional Record Volume 172, Number 56 (Wednesday, March 25, 2026)]
[Senate]
[Pages S1620-S1627]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4779. Mr. WARNOCK (for himself and Mr. Padilla) submitted an
amendment intended to be proposed by him to the bill S. 1383, to
establish the Veterans Advisory Committee on Equal Access, and for
other purposes; which was ordered to lie on the table; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; STATEMENT OF CONSTITUTIONAL
AUTHORITY; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Redistricting Reform Act of 2026''.
(b) 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 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;
(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;
(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;
(4) of the authority granted to Congress to enforce article
IV, section 4, of the Constitution, and the guarantee of a
Republican Form of Government to every State, which Federal
courts have not enforced because they understand such
enforcement to be committed to Congress by the Constitution;
and
(5) requiring States to use uniform redistricting criteria
is an appropriate and important exercise of such authority.
(c) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; statement of constitutional authority; table of
contents.
TITLE I--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING
Sec. 101. Requiring congressional redistricting to be conducted through
plan of independent State commission.
Sec. 102. Ban on mid-decade redistricting.
Sec. 103. Criteria for redistricting.
TITLE II--INDEPENDENT REDISTRICTING COMMISSIONS
Sec. 201. Independent redistricting commission.
Sec. 202. Establishment of selection pool of individuals eligible to
serve as members of commission.
Sec. 203. Public notice and input.
Sec. 204. Establishment of related entities.
Sec. 205. Report on diversity of memberships of independent
redistricting commissions.
TITLE III--ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS
Sec. 301. Failure by State to enact plan.
Sec. 302. Special rule for redistricting conducted under order of
Federal court.
TITLE IV--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
Sec. 401. Payments to States for carrying out redistricting.
Sec. 402. Civil enforcement.
Sec. 403. State apportionment notice defined.
Sec. 404. No effect on elections for State and local office.
Sec. 405. Effective date.
TITLE I--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING
SEC. 101. REQUIRING CONGRESSIONAL REDISTRICTING TO BE
CONDUCTED THROUGH PLAN OF INDEPENDENT STATE
COMMISSION.
(a) Use of Plan Required.--Notwithstanding any other
provision of law, and except as provided in subsection (c)
and subsection (d), 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 title II; 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, in accordance with section 301.
(b) Conforming Amendment.--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 ``in the manner
provided by the law thereof'' and inserting: ``in the manner
provided by the Redistricting Reform Act of 2026''.
(c) Special Rule for Existing Commissions.--Subsection (a)
does not apply to any State in which, under law in effect
continuously on and after the date of the enactment of this
Act, congressional redistricting is carried out in accordance
with a plan developed and approved by an independent
redistricting commission which is in compliance with each of
the following requirements:
(1) Publicly available application process.--Membership on
the commission is open to citizens of the State through a
publicly available application process.
(2) Disqualifications for government service and political
appointment.--Individuals who, for a covered period of time
as established by the State, hold or have held public office,
individuals who are or have been candidates for elected
public office, and individuals who serve or have served as an
officer, employee, or paid consultant of a campaign committee
of a candidate for public office are disqualified from
serving on the commission.
(3) Screening for conflicts.--Individuals who apply to
serve on the commission are screened through a process that
excludes persons with conflicts of interest from the pool of
potential commissioners.
(4) Multi-partisan composition.--Membership on the
commission represents those who are affiliated with the two
political parties whose candidates received the most votes in
the most recent statewide election for Federal office held in
the State, as well as those who are unaffiliated with any
party or who are affiliated with political parties other than
the two political parties whose candidates received the most
votes in the most recent statewide election for Federal
office held in the State.
(5) Criteria for redistricting.--Members of the commission
are required to meet certain criteria in the map drawing
process, including minimizing the division of communities of
interest and a ban on drawing maps to favor a political
party.
(6) Public input.--Public hearings are held and comments
from the public are accepted before a final map is approved.
(7) Broad-based support for approval of final plan.--The
approval of the final redistricting plan requires a majority
vote of the members of the commission, including the support
of at least one member of each of the following:
(A) Members who are affiliated with the political party
whose candidate received the most votes in the most recent
statewide election for Federal office held in the State.
(B) Members who are affiliated with the political party
whose candidate received the second most votes in the most
recent statewide election for Federal office held in the
State.
(C) Members who are not affiliated with any political party
or who are affiliated with political parties other than the
political parties described in subparagraphs (A) and (B).
(d) Treatment of State of Iowa.--Subsection (a) does not
apply to the State of Iowa, so long as congressional
redistricting in such State is carried out in accordance with
a plan developed by the Iowa Legislative Services Agency with
the assistance of a Temporary Redistricting Advisory
Commission, under law which was in effect for the most recent
congressional redistricting carried out in the State prior to
the date of the enactment of this Act and which remains in
effect continuously on and after the date of the enactment of
this Act.
SEC. 102. BAN ON MID-DECADE REDISTRICTING.
(a) Ban.--A State that has been redistricted in accordance
with this Act and a State described in section 101(c) or
section 101(d) 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.), the Constitution of the
State, or the terms or conditions of this Act.
(b) Applicability of Remedies for Noncompliance.--Section
402 applies with respect to a violation of subsection (a) in
the
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same manner as such section applies with respect to a
violation of any other provision of this Act, and the
remedies available pursuant to such section may be applied
with respect to a violation of subsection (a).
SEC. 103. CRITERIA FOR REDISTRICTING.
(a) Requiring Plans To Meet Criteria.--A State may not use
a congressional redistricting plan that is not in compliance
with this section.
(b) Ranked Criteria.--Under the redistricting plan of a
State, there shall be established single-member congressional
districts using the following criteria as set forth in the
following order of priority:
(1) Districts shall comply with the United States
Constitution, including the requirement that they
substantially equalize total population.
(2) Districts shall comply with the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.), including by creating any
districts where, if based upon the totality of the
circumstances, 2 or more politically cohesive groups
protected by such Act are able to elect representatives of
choice in coalition with one another, 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.) to participate
in the political process and to nominate candidates and to
elect representatives of choice is not diluted or diminished,
regardless of whether or not such protected group constitutes
a majority of a district's citizen voting age population.
(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 is a
functional majority with the ability to both nominate
candidates and elect representatives of choice.
(4)(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
(3). 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.
(c) No Favoring or Disfavoring of Political Parties.--
(1) Prohibition.--A State may not use a redistricting plan
to conduct an election that, when considered on a statewide
basis, has been drawn with the intent or has 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), (2), and (3) of subsection
(b) 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) Rebuttable presumption.--
(A) Trigger.--In any civil action brought under section 402
in which a party asserts a claim that a State has enacted a
redistricting plan which is in violation of this subsection,
a party may file a motion not later than 30 days after the
enactment of the plan (or, if later, not later than 30 days
after the effective date of this Act) requesting that the
court determine whether a presumption of such a violation
exists. If such a motion is timely filed, the court shall
hold a hearing not later than 15 days after the date the
motion is filed to assess whether a presumption of such a
violation exists.
(B) Assessment.--To conduct the assessment required under
subparagraph (A), the court shall do the following:
(i) Determine the number of congressional districts under
the plan that would have been carried by each political
party's candidates for the office of President and the office
of Senator in the 2 most recent general elections for the
office of President and the 2 most recent general elections
for the office of Senator (other than special general
elections) immediately preceding the enactment of the plan,
except that if a State conducts a primary election for the
office of Senator which is open to candidates of all
political parties, the primary election shall be used instead
of the general election and the number of districts carried
by a party's candidates for the office of Senator shall be
determined on the basis of the combined vote share of all
candidates in the election who are affiliated with such
party.
(ii) Determine, for each of the 4 elections assessed under
clause (i), whether the number of districts that would have
been carried by any party's candidate as determined under
clause (i) results in partisan advantage or disadvantage in
excess of 7 percent or one congressional district, whichever
is greater, as determined by standard quantitative measures
of partisan fairness that relate a party's share of the
statewide vote to that party's share of seats.
(C) Presumption of violation.--A plan is presumed to
violate paragraph (1) if it exceeds the threshold described
in clause (ii) of subparagraph (B) with respect to 2 or more
of the 4 elections assessed under such subparagraph.
(D) Stay of use of plan.--Notwithstanding any other
provision of this Act, in any action under this paragraph,
the following rules shall apply:
(i) Upon filing of a motion under subparagraph (A), a
State's use of the plan which is the subject of the motion
shall be automatically stayed pending resolution of such
motion.
(ii) If after considering the motion, the court rules that
the plan is presumed under subparagraph (C) to violate
paragraph (1), a State may not use such plan until and unless
the court which is carrying out the determination of the
effect of the plan under paragraph (2) determines that,
notwithstanding the presumptive violation, the plan does not
violate paragraph (1).
(E) No effect on other assessments.--The absence of a
presumption of a violation with respect to a redistricting
plan as determined under this paragraph shall not affect the
determination of the effect of the plan under paragraph (2).
(4) 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.
(5) 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), (2), or (3) of
subsection (b), unless one or more alternative plans could
have complied with such paragraphs without having the effect
of materially favoring or disfavoring a political party.
(d) 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 (3) of subsection (b), 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 203(d):
(1) The residence of any Member of the House of
Representatives or candidate.
(2) The political party affiliation or voting history of
the population of a district.
(e) Additional Criteria.--A State may not rely upon
criteria not set forth in this section to justify non-
compliance with the requirements of this section.
(f) Applicability.--This section applies to any authority,
whether appointed, elected, judicial, or otherwise,
responsible for enacting the congressional redistricting plan
of a State.
(g) Severability of Criteria.--If any of the criteria set
forth in this section, or the
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application of such criteria to any person or circumstance,
is held to be unconstitutional, the remaining criteria set
forth in this section, and the application of such criteria
to any person or circumstance, shall not be affected by the
holding.
TITLE II--INDEPENDENT REDISTRICTING COMMISSIONS
SEC. 201. INDEPENDENT REDISTRICTING COMMISSION.
(a) Appointment of Members.--
(1) In general.--The nonpartisan agency established or
designated by a State under section 204(a) shall establish an
independent redistricting commission for the State, which
shall consist of 15 members appointed by the agency as
follows:
(A) Not later than October 1 of a year ending in the
numeral zero, the agency shall, at a public meeting held not
earlier than 15 days after notice of the meeting has been
given to the public, first appoint 6 members as follows:
(i) The agency shall appoint 2 members on a random basis
from the majority category of the approved selection pool (as
described in section 202(b)(1)(A)).
(ii) The agency shall appoint 2 members on a random basis
from the minority category of the approved selection pool (as
described in section 202(b)(1)(B)).
(iii) The agency shall appoint 2 members on a random basis
from the independent category of the approved selection pool
(as described in section 202(b)(1)(C)).
(B) Not later than November 15 of a year ending in the
numeral zero, the members appointed by the agency under
subparagraph (A) shall, at a public meeting held not earlier
than 15 days after notice of the meeting has been given to
the public, then appoint 9 members as follows:
(i) The members shall appoint 3 members from the majority
category of the approved selection pool (as described in
section 202(b)(1)(A)).
(ii) The members shall appoint 3 members from the minority
category of the approved selection pool (as described in
section 202(b)(1)(B)).
(iii) The members shall appoint 3 members from the
independent category of the approved selection pool (as
described in section 202(b)(1)(C)).
(2) Rules for appointment of members appointed by first
members.--
(A) Affirmative vote of at least 4 members.--The
appointment of any of the 9 members of the independent
redistricting commission who are appointed by the first
members of the commission pursuant to subparagraph (B) of
paragraph (1), as well as the designation of alternates for
such members pursuant to subparagraph (B) of paragraph (3)
and the appointment of alternates to fill vacancies pursuant
to subparagraph (B) of paragraph (4), shall require the
affirmative vote of at least 4 of the members appointed by
the nonpartisan agency under subparagraph (A) of paragraph
(1), including at least one member from each of the
categories referred to in such subparagraph.
(B) Ensuring diversity.--In appointing the 9 members
pursuant to subparagraph (B) of paragraph (1), as well as in
designating alternates pursuant to subparagraph (B) of
paragraph (3) and in appointing alternates to fill vacancies
pursuant to subparagraph (B) of paragraph (4), the first
members of the independent redistricting commission shall
ensure that the membership is representative of the
demographic groups (including racial, ethnic, economic, and
gender) and geographic regions of the State, and provides
racial, ethnic, and language minorities protected under the
Voting Rights Act of 1965 with a meaningful opportunity to
participate in the development of the State's redistricting
plan.
(3) Designation of alternates to serve in case of
vacancies.--
(A) Members appointed by agency.--At the time the agency
appoints the members of the independent redistricting
commission under subparagraph (A) of paragraph (1) from each
of the categories referred to in such subparagraph, 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 (4).
(B) Members appointed by first members.--At the time the
members appointed by the agency appoint the other members of
the independent redistricting commission under subparagraph
(B) of paragraph (1) from each of the categories referred to
in such subparagraph, the members shall, in accordance with
the special rules described in paragraph (2), 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 (4).
(4) Appointment of alternates to serve in case of
vacancies.--
(A) Members appointed by agency.--If a vacancy occurs in
the commission with respect to a member who was appointed by
the nonpartisan agency under subparagraph (A) of paragraph
(1) from one of the categories referred to in such
subparagraph, the agency shall fill the vacancy by
appointing, on a random basis, one of the 2 alternates from
such category who was designated under subparagraph (A) of
paragraph (3). 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 subparagraph (A) of paragraph (3).
(B) Members appointed by first members.--If a vacancy
occurs in the commission with respect to a member who was
appointed by the first members of the commission under
subparagraph (B) of paragraph (1) from one of the categories
referred to in such subparagraph, the first members shall, in
accordance with the special rules described in paragraph (2),
fill the vacancy by appointing one of the 2 alternates from
such category who was designated under subparagraph (B) of
paragraph (3). At the time the first members appoint an
alternate to fill a vacancy under the previous sentence, the
first members shall, in accordance with the special rules
described in paragraph (2), designate another individual from
the same category to serve as an alternate member, in
accordance with subparagraph (B) of paragraph (3).
(5) Removal.--A member of the independent redistricting
commission may be removed by a majority vote of the remaining
members of the commission if it is shown by a preponderance
of the evidence that the member is not eligible to serve on
the commission under section 202(a).
(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 202(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 203 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 202(b)(1).
(3) Quorum.--A majority of the members of the commission
shall constitute a quorum.
(c) Staff; Contractors.--
(1) Staff.--Under a public application process in which all
application materials are available for public inspection,
the independent redistricting commission of a State shall
appoint and set the pay of technical experts, legal counsel,
consultants, and such other 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 202(b)(1).
(3) Reports on expenditures for political activity.--
(A) Report by applicants.--Each individual who applies for
a position as an employee of the independent redistricting
commission and each vendor who applies for a contract with
the commission shall, at the time of applying, file with the
commission a report summarizing--
(i) any expenditure for political activity made by such
individual or vendor during the 10 most recent calendar
years; and
(ii) any income received by such individual or vendor
during the 10 most recent calendar years which is
attributable to an expenditure for political activity.
(B) Annual reports by employees and vendors.--Each person
who is an employee or vendor of the independent redistricting
commission shall, not later than 1 year after the person is
appointed as an employee or enters into a contract as a
vendor (as the case may be) and annually thereafter for each
year during which the person serves as an employee or a
vendor, file with the commission a report summarizing the
expenditures and income described in subparagraph (A) during
the 10 most recent calendar years.
(C) Expenditure for political activity defined.--In this
paragraph, the term ``expenditure for political activity''
means a disbursement for any of the following:
(i) An independent expenditure, as defined in section
301(17) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101(17)).
(ii) An electioneering communication, as defined in section
304(f)(3) of such Act (52 U.S.C. 30104(f)(3)) or any other
public communication, as defined in section 301(22) of such
Act (52 U.S.C. 30101(22)) that would be an electioneering
communication if it were a broadcast, cable, or satellite
communication.
(iii) Any dues or other payments to trade associations or
organizations described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code that are, or could reasonably be anticipated to
be, used or transferred to another association or
organization for a use described in paragraph (1), (2), or
(4) of section 501(c) of such Code.
(4) 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
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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 beyond the information on the person's expenditures
for political activity provided in the reports required under
paragraph (3) (including donations to candidates, political
committees, and political parties) as a condition of the
appointment or the contract.
(5) Disqualification; waiver.--
(A) In general.--The independent redistricting commission
may not appoint an individual as an employee, and may not
enter into a contract with a vendor, if the individual or
vendor meets any of the criteria for the disqualification of
an individual from serving as a member of the commission
which are set forth in section 202(a)(2).
(B) Waiver.--The commission may by unanimous vote of its
members waive the application of subparagraph (A) to an
individual or a vendor after receiving and reviewing the
report filed by the individual or vendor under paragraph (3).
(d) Termination.--
(1) In general.--The independent redistricting commission
of a State shall terminate on the earlier of--
(A) June 14 of the next year ending in the numeral zero; or
(B) the day on which the nonpartisan agency established or
designated by a State under section 204(a) has, in accordance
with section 202(b)(1), submitted a selection pool to the
Select Committee on Redistricting for the State established
under section 204(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. 202. 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 204, 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, with an attestation under penalty of perjury,
containing the following information and assurances:
(i) The full current name and any former names of, and the
contact information for, the individual, including an
electronic mail address, the address of the individual's
residence, mailing address, and telephone numbers.
(ii) The individual's race, ethnicity, gender, age, date of
birth, and household income for the most recent taxable year.
(iii) The political party with which the individual is
affiliated, if any.
(iv) The reason or reasons the individual desires to serve
on the independent redistricting commission, the individual's
qualifications, and information relevant to the ability of
the individual to be fair and impartial, including, but not
limited to--
(I) any involvement with, or financial support of,
professional, social, political, religious, or community
organizations or causes; and
(II) the individual's employment and educational history.
(v) An assurance that the individual shall commit to
carrying out the individual's duties under this Act in an
honest, independent, and impartial fashion, and to upholding
public confidence in the integrity of the redistricting
process.
(vi) 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 or of any political action committee (as
determined in accordance with the law of the State).
(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 government
of the State, or a donor to the campaign of any candidate for
public office or to any political action committee (other
than a donor who, during any of such covered periods, gives
an aggregate amount of $1,000 or less to the campaigns of all
candidates for all public offices and to all political action
committees).
(E) The individual paid a civil money penalty or criminal
fine, or was sentenced to a term of imprisonment, for
violating any provision of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30101 et seq.).
(F) 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 agent of a
foreign principal under the Foreign Agents Registration Act
of 1938, as amended (22 U.S.C. 611 et seq.).
(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 10-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 10-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 204(a) shall develop and
submit to the Select Committee on Redistricting for the State
established under section 204(b) a selection pool of 36
individuals who are eligible to serve as members of the
independent redistricting commission of the State under this
Act, consisting of individuals in the following categories:
(A) A majority category, consisting of 12 individuals who
are affiliated with the political party whose candidate
received the most votes in the most recent statewide election
for Federal office held in the State.
(B) A minority category, consisting of 12 individuals who
are affiliated with the political party whose candidate
received the second most votes in the most recent statewide
election for Federal office held in the State.
(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) ensure that the pool is representative of the
demographic groups (including racial, ethnic, economic, and
gender) and geographic regions of the State, and includes
applicants who would allow racial, ethnic, and language
minorities protected under the Voting Rights Act of 1965 a
meaningful opportunity to participate in the development of
the State's redistricting plan; 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) Interviews of applicants.--To assist the nonpartisan
agency in developing the selection pool under this
subsection, the nonpartisan agency shall conduct interviews
of applicants under oath. If an individual is included in a
selection pool developed under this section, all of the
interviews of the individual shall be transcribed and the
transcriptions made available on the nonpartisan agency's
website contemporaneously with release of the report under
paragraph (6).
(4) 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 only if the nonpartisan agency is able to
verify (to the greatest extent possible) the information the
individual provides in the application submitted under
subsection (a)(1)(C), including by considering additional
information provided by other persons with knowledge of the
individual's history of political activity.
(5) 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
[[Page S1624]]
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.
(6) 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 and post on the agency's public website 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).
(7) Public comment on selection pool.--During the 14-day
period which begins on the date the nonpartisan agency
publishes the report under paragraph (6), the agency shall
accept comments from the public on the individuals included
in the selection pool. The agency shall post all such
comments contemporaneously on the nonpartisan agency's
website and shall transmit them to the Select Committee on
Redistricting immediately upon the expiration of such period.
(8) Action by select committee.--
(A) In general.--Not earlier than 15 days and not later
than 21 days after receiving the selection pool from the
nonpartisan agency under paragraph (1), the Select Committee
on Redistricting shall, by majority vote--
(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 201(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
(7) 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 21 days after receiving the
replacement selection pool from the nonpartisan agency under
paragraph (1), the Select Committee on Redistricting shall,
by majority vote--
(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 201(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 (7) 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 earlier than 15 days and 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, by majority vote--
(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 201(a)(1); or
(ii) reject the pool.
(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) Effect of rejection.--If the Select Committee on
Redistricting rejects the second replacement pool from the
nonpartisan agency under paragraph (1), the redistricting
plan for the State shall be developed and enacted in
accordance with title III.
SEC. 203. PUBLIC NOTICE AND INPUT.
(a) 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, including proposed maps, 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.--
(A) Features.--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:
(i) General information on the commission, its role in the
redistricting process, and its members, including contact
information.
(ii) An updated schedule of commission hearings and
activities, including deadlines for the submission of
comments.
(iii) All draft redistricting plans developed by the
commission under subsection (b) and the final redistricting
plan developed under subsection (c), including the
accompanying written evaluation under subsection (d).
(iv) All comments received from the public on the
commission's activities, including any proposed maps
submitted under paragraph (1).
(v) Live streaming of commission hearings and an archive of
previous meetings, including any documents considered at any
such meeting, which the commission shall post not later than
24 hours after the conclusion of the meeting.
(vi) Access in an easily useable format to the demographic
and other data used by the commission to develop and analyze
the proposed redistricting plans, together with access to any
software used to draw maps of proposed districts and to any
reports analyzing and evaluating any such maps.
(vii) A method by which members of the public may submit
comments and proposed maps directly to the commission.
(viii) All records of the commission, including all
communications to or from members, employees, and contractors
regarding the work of the commission.
(ix) A list of all contractors receiving payment from the
commission, together with the annual disclosures submitted by
the contractors under section 201(c)(3).
(x) A list of the names of all individuals who submitted
applications to serve on the commission, together with the
applications submitted by individuals included in any
selection pool, except that the commission may redact from
such applications any financial or other personally sensitive
information.
(B) Searchable format.--The commission 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.
(C) Deadline.--The commission shall ensure that the public
internet site under this paragraph is operational (in at
least a preliminary format) not later than January 1 of the
year ending in the numeral one.
(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
(c)(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.
(5) Multiple language requirements for all notices.--The
commission 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 and Publication of Preliminary
Redistricting Plan.--
(1) In general.--Prior to developing and publishing a final
redistricting plan under subsection (c), the independent
redistricting commission of a State shall develop and publish
a preliminary redistricting plan.
(2) Minimum public hearings and opportunity for comment
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.--Not fewer
than 14 days prior to the date of each hearing held under
this paragraph, the commission shall post notices of the
hearing on the website maintained
[[Page S1625]]
under subsection (a)(2), and shall provide for the
publication of such notices in newspapers of general
circulation throughout the State. Each such notice shall
specify the date, time, and location of the hearing.
(C) Submission of plans and maps by members of the
public.--Any member of the public may submit maps or portions
of maps for consideration by the commission. As provided
under subsection (a)(2)(A), any such map shall be made
publicly available on the commission's website and open to
comment.
(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 (a)(3), on the
website maintained under subsection (a)(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 (a)(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 post-publication period for public comment.--
The commission shall accept and consider comments from the
public (including through the website maintained under
subsection (a)(2)) with respect to the preliminary
redistricting plan published under paragraph (3), including
proposed revisions to maps, 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 in
different geographic areas of the State at which members of
the public may provide input and comments regarding the
preliminary plan.
(B) Minimum period for notice prior to hearings.--Not fewer
than 14 days prior to the date of each hearing held under
this paragraph, the commission shall post notices of the
hearing on the website maintained under subsection (a)(2),
and shall provide for the publication of such notices in
newspapers of general circulation throughout the State. Each
such notice shall specify the date, time, and location 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.
(c) 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 (b), 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 the deadline
specified in subsection (e), 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 (a)(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 (b).
(C) Any dissenting or additional views with respect to the
plan of individual members of the commission.
(4) Enactment.--Subject to paragraph (5), the final
redistricting plan developed and published under this
subsection shall be deemed to be enacted into law upon the
expiration of the 45-day period which begins on the date on
which--
(A) such final 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 202(b)(1) approves such final plan.
(5) Review by department of justice.--
(A) Requiring submission of plan for review.--The final
redistricting plan shall not be deemed to be enacted into law
unless the State submits the plan to the Department of
Justice for an administrative review to determine if the plan
is in compliance with the criteria described in subsections
(b) and (c) of section 103.
(B) Termination of review.--The Department of Justice shall
terminate any administrative review under subparagraph (A)
if, during the 45-day period which begins on the date the
plan is enacted into law, an action is filed in a United
States district court alleging that the plan is not in
compliance with the criteria described in subsections (b) and
(c) of section 103.
(d) Written Evaluation of Plan Against External Metrics.--
The independent redistricting commission shall include with
each redistricting plan developed and published under this
section a written evaluation that measures each such plan
against external metrics which cover the criteria set forth
in section 103(a), including the impact of the plan on the
ability of communities of color to elect candidates of
choice, measures of partisan fairness using multiple accepted
methodologies, and the degree to which the plan preserves or
divides communities of interest.
(e) Timing.--The independent redistricting commission of a
State may begin its work on the redistricting plan of the
State upon receipt of relevant population information from
the Bureau of the Census, and shall approve a final
redistricting plan for the State in each year ending in the
numeral one not later than 8 months after the date on which
the State receives the State apportionment notice or October
1, whichever occurs later.
SEC. 204. 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 201.
(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) Training of members appointed to commission.--Not later
than January 15 of a year ending in the numeral one, the
nonpartisan agency established or designated under this
subsection shall provide the members of the independent
redistricting commission with initial training on their
obligations as members of the commission, including
obligations under the Voting Rights Act of 1965 (52 U.S.C.
10301 et seq.) and other applicable laws.
(4) Regulations.--The nonpartisan agency established or
designated under this subsection shall adopt and publish
regulations, after notice and opportunity for comment,
establishing the procedures that the agency will follow in
fulfilling its duties under this Act, including the
procedures to be used in vetting the qualifications and
political affiliation of applicants and in creating the
selection pools, the randomized process to be used in
selecting the initial members of the independent
redistricting commission, and the rules that the agency will
apply to ensure that the agency carries out its duties under
this Act in a maximally transparent, publicly accessible, and
impartial manner.
(5) 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 Act,
so long as the agency meets the requirements for
nonpartisanship under this subsection.
(6) Termination of agency specifically established for
redistricting.--If a State does not designate an existing
agency under paragraph (5) 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.
(7) Preservation of records.--The State shall ensure that
the records of the nonpartisan agency 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.
(8) Deadline.--The State shall meet the requirements of
this subsection not later than each October 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 independent redistricting
commission for the State under section 202.
(2) Appointment.--The Select Committee on Redistricting for
a State under this subsection shall consist of the following
members:
(A) One 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) One 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) One 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.
[[Page S1626]]
(D) One 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) Two members of the State legislature appointed by the
chair of the political party of the State whose candidate
received the highest percentage of votes in the most recent
statewide election for Federal office held in the State.
(B) Two members of the State legislature appointed by the
chair of the political party whose candidate received the
second highest percentage of votes in the most recent
statewide election for Federal office held in the State.
(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.
(5) Rule of construction.--Nothing in this subsection may
be construed to prohibit the leader of any political party in
a legislature from appointment to the Select Committee on
Redistricting.
SEC. 205. REPORT ON DIVERSITY OF MEMBERSHIPS OF INDEPENDENT
REDISTRICTING COMMISSIONS.
Not later than May 15 of a year ending in the numeral one,
the Comptroller General of the United States shall submit to
Congress a report on the extent to which the memberships of
independent redistricting commissions for States established
under this title with respect to the immediately preceding
year ending in the numeral zero meet the diversity
requirements as provided for in sections 201(a)(2)(B) and
202(b)(2).
TITLE III--ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS
SEC. 301. FAILURE BY STATE TO ENACT PLAN.
(a) Deadline for Enactment of Plan.--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;
(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 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 103.
(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 may 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 203(d)).
(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 402.
(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. 302. 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 203 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.
TITLE IV--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
SEC. 401. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING.
(a) Authorization of Payments.--Subject to subsection (d),
not later than 30 days after a State receives a State
apportionment notice, the Election Assistance Commission
shall, subject to the availability of appropriations provided
pursuant to subsection (e), 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 With Single Member.--The Election
Assistance Commission shall not make a payment under this
section to any State which is not entitled to more than one
Representative under its State apportionment notice.
(d) Requiring Submission of Selection Pool as Condition of
Payment.--
(1) Requirement.--Except as provided in paragraph (2) and
paragraph (3), 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 204(a)
has, in accordance with section 202(b)(1), submitted a
selection pool to the Select Committee on Redistricting for
the State established under section 204(b).
(2) Exception for states with existing commissions.--In the
case of a State which, pursuant to section 101(c), is exempt
from the requirements of section 101(a), the Commission may
not make a payment to the State under this section until the
State certifies to the Commission that its redistricting
commission meets the requirements of section 101(c).
(3) Exception for state of iowa.--In the case of the State
of Iowa, the Commission may not make a payment to the State
under this section until the State certifies to the
Commission that it will carry out congressional redistricting
pursuant to the State's apportionment notice in accordance
with a plan developed by the Iowa Legislative Services Agency
with the assistance of a Temporary Redistricting Advisory
Commission, as provided under the law described in section
101(d).
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for payments
under this section.
SEC. 402. 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 Act.
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(2) Availability of private right of action.--Any citizen
of a State who is aggrieved by the failure of the State to
meet the requirements of the Constitution or Federal law,
including this Act, 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.
(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 Act. 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,
except that the applicable venue for a civil action that
includes a claim that a redistricting plan is in violation of
section 103(c) shall be the District of Columbia.
(5) Use of 3-judge court.--If an action under this section
raises statewide claims under the Constitution or this Act,
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. 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 Act--
(i) the court shall adopt a replacement congressional
redistricting plan for the State in accordance with the
process set forth in section 301; 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 Act, 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 103(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 Act, or to conduct an
election under terms and conditions which violate, in whole
or in part, the requirements of this Act.
(C) Special rule in case final adjudication not expected
within 3 months of election.--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, as the balance of
equities warrant--
(i) develop, adopt, and order the use of an interim
congressional redistricting plan in accordance with section
301(f) to address any claims under this Act for which a party
seeking relief has demonstrated a substantial likelihood of
success; and
(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.
(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
Act, 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 Act, 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
Act 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 Act
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 Act.
(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. 403. STATE APPORTIONMENT NOTICE DEFINED.
In this Act, 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), of the number of Representatives to
which the State is entitled.
SEC. 404. 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. 405. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply
with respect to redistricting carried out pursuant to the
decennial census conducted during 2030 or any succeeding
decennial census.
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