Redistricting Transparency Act of 2010 - Requires states to carry out congressional redistricting in accordance with a process under which members of the public are informed of redistricting proposals via the Internet and have the opportunity to participate in the development of such proposals prior to their adoption.
Requires each state redistricting entity to establish and maintain a public Internet site meeting specified requirements.
Requires the state redistricting entity to: (1) solicit the input of members of the public in its work to develop initial congressional redistricting plans for the state; and (2) post the proposed final plan on the Internet site 10 days before its adoption, as well as 7 days after its adoption, together with a map, the reasons for adoption, dissenting opinions, and certain other information.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4918 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4918
To require States to carry out Congressional redistricting in
accordance with a process under which members of the public are
informed of redistricting proposals and have the opportunity to
participate in the development of such proposals prior to their
adoption, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 23, 2010
Mr. Tanner (for himself and Mr. Castle) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require States to carry out Congressional redistricting in
accordance with a process under which members of the public are
informed of redistricting proposals and have the opportunity to
participate in the development of such proposals prior to their
adoption, 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; FINDING OF CONSTITUTIONAL AUTHORITY.
(a) Short Title.--This Act may be cited as the ``Redistricting
Transparency Act of 2010''.
(b) Finding.--Congress finds that it has the authority to require
States to follow certain procedures 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; and
(2) the authority granted to Congress under section 5 of
the 14th 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.
SEC. 2. REQUIRING REDISTRICTING TO BE CONDUCTED UNDER PROCEDURES
PROVIDING OPPORTUNITY FOR PUBLIC PARTICIPATION.
(a) Requirement.--
(1) In general.--Notwithstanding any other provision of
law, any Congressional redistricting conducted by a State shall
be conducted in accordance with a process under which the
entity responsible for developing Congressional redistricting
plans in the State (hereafter in this Act referred to as the
``State redistricting entity'')--
(A) in accordance with section 3, establishes and
operates an Internet site;
(B) in accordance with section 4, provides
opportunities for participation by members of the
public in the initial development of such plans;
(C) in accordance with section 5, provides
opportunities for members of the public to respond to
the proposed final Congressional redistricting plan;
and
(D) in accordance with section 6, notifies members
of the public regarding the final Congressional
redistricting plan adopted for the State.
(2) Other procedures permitted.--Nothing in this Act or the
amendments made by this Act may be construed to prohibit a
State from conducting Congressional redistricting in accordance
with such procedures as the State considers appropriate, to the
extent that such procedures are consistent with the applicable
requirements of this Act and the amendments made by this Act.
(3) No effect on redistricting for state or local
elections.--Nothing in this Act or the amendments made by this
Act may be construed to affect any procedures a State or a unit
of local government in a State may use to conduct redistricting
with respect to elections for State or local offices.
(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 a manner
consistent with the requirements of the Redistricting Transparency Act
of 2010''.
SEC. 3. PUBLIC INTERNET SITE FOR STATE REDISTRICTING ENTITY.
(a) Establishment and Operation of Site.--Each State redistricting
entity shall establish and maintain a public Internet site which meets
the following requirements:
(1) The site is updated continuously to provide advance
notice of meetings held by the entity and to otherwise provide
timely information on the entity's activities.
(2) The site contains the most recent available information
from the Bureau of the Census on voting-age population, voter
registration, and voting results in the State, including
precinct-level and census tract-level data with respect to such
information, as well as detailed maps reflecting such
information.
(3) The site permits any individual to submit comments on
any plan proposed by the entity, and to submit questions,
comments, and other information with respect to the entity's
activities.
(4) The site includes any other information the entity is
required to post under this Act.
(b) Deadline for Posting of Comments Submitted by Public.--The
State redistricting entity shall ensure that any comment submitted by a
member of the public to the site established under this section,
including a comment on any plan proposed by the entity or any other
person, and any other comment relating to Congressional redistricting
in the State, is posted on the site not later than 72 hours after
submission.
(c) Updating of Information.--The State redistricting entity shall
take all actions necessary to ensure that the site established under
this section is updated continuously to provide timely advance notice
of the entity's meetings and to otherwise provide timely information on
the entity's activities.
(d) Deadline.--The State redistricting entity shall establish the
site under this section as soon as practicable after the completion of
the regular decennial census, but in no case later than the final
deadline provided 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), for the Clerk of the House of
Representatives to transmit to the State the notice of the number of
Representatives to which the State is entitled in the following
Congress.
SEC. 4. OPPORTUNITIES FOR PARTICIPATION IN INITIAL DEVELOPMENT OF
CONGRESSIONAL REDISTRICTING PLANS.
During the 60-day period which begins on the date the State
receives the notice referred to in section 3(d), the State
redistricting entity shall solicit the input of members of the public
in its work to develop initial Congressional redistricting plans for
the State by carrying out the following activities:
(1) Publishing and posting on the Internet site established
under section 3 the criteria which the entity will use to
develop the Congressional redistricting plan for the State.
(2) Holding at least one hearing in the State at which
members of the public may provide comments on such criteria and
any other issues relating to Congressional redistricting in the
State.
(3) Publishing and posting the transcript of each such
hearing, or posting a link to a video recording of each such
hearing, on the Internet site not later than 7 days after the
conclusion of the hearing.
SEC. 5. OPPORTUNITIES TO RESPOND TO PROPOSED FINAL CONGRESSIONAL
REDISTRICTING PLAN ADOPTED BY REDISTRICTING ENTITY.
(a) Notice of Final Plan.--Not later than 10 days prior to adopting
a final Congressional redistricting plan for the State, the State
redistricting entity shall post on the Internet site established under
section 3 (and, if practicable, cause to have published in newspapers
of general circulation throughout the State) the following information:
(1) A detailed version of the proposed final plan,
including--
(A) a map showing each Congressional district
established under the plan;
(B) a statement of the voting age population by
race and membership in a language minority group of
each such district; and
(C) a statement of the number of registered voters
in each such district, broken down by political party
affiliation to the extent that such information is
available under State law.
(2) A statement explaining the entity's reasons for
adopting the proposed final plan and the reasons why the
adoption of the plan will best serve the public interest.
(3) Any dissenting statement of any member of the entity
who did not approve the proposed final plan.
(4) A statement that members of the public may submit
comments regarding the proposed final plan through the Internet
site, together with information on how members of the public
may submit such comments to the entity through other methods.
(b) Public Hearing Prior to Adoption of Final Plan.--Not later than
7 days prior to adopting the final Congressional redistricting plan for
the State, the State redistricting entity shall hold at least one
hearing in the State at which members of the public may provide
comments on the plan and members of the entity may explain the reasons
why the adoption of the plan will best serve the public interest. The
entity shall publish and post the transcript of each such hearing, or
post a link to a video recording of each such hearing, on the Internet
site established under section 3.
(c) Treatment of Amended and New Plans.--If, in response to public
comment or for any other reason, the State redistricting entity posts
an amended version of the proposed final Congressional redistricting
plan which is posted on the Internet site under subsection (a) or posts
a new proposed final Congressional redistricting plan, subsections (a)
and (b) shall apply with respect to the amended version of the plan or
the new plan in the same manner as such subsections apply with respect
to the proposed final plan which is first posted under subsection (a),
except to the extent that the application of such subsections would
require the entity to violate a deadline established by State law for
the submission of a final Congressional redistricting plan to the State
legislature.
SEC. 6. NOTICE OF FINAL ADOPTED CONGRESSIONAL REDISTRICTING PLAN.
Not later than 7 days after the State redistricting entity adopts
the final Congressional redistricting plan for the State, the entity
shall post on the Internet site established under section 3 (and, if
practicable, cause to have published in newspapers of general
circulation throughout the State) the following information:
(1) A detailed version of the plan, including--
(A) a map showing each Congressional district
established under the plan;
(B) a statement for each such district of the total
population and voting age population by race and
membership in a language minority group; and
(C) a statement of the number of registered voters
in each such district, broken down by political party
affiliation to the extent that such information is
available under State law.
(2) To the extent that the State maintains data on the
number of registered voters by race and membership in a
language minority group, a statement for each such district of
the number of registered voters by race and membership in a
language minority group.
(3) A statement explaining the entity's reasons for
adopting the plan and the reasons why the adoption of the plan
will best serve the public interest.
(4) Any dissenting statements of any members of the entity
who did not approve the plan.
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with
respect to any Congressional redistricting which occurs after the
regular decennial census conducted during 2010.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
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