Fixing America's Inconsistent Redistricting (FAIR) Act - Requires any congressional redistricting conducted by a state to be conducted in accordance with a redistricting plan developed by a nonpartisan agency of the legislative branch of the state government and enacted into law by the state.
Requires each state, by December 31 of the year preceding a redistricting year, to establish a nonpartisan agency in the state government's legislative branch to develop the state's redistricting plan according to specified criteria.
Requires the state to appoint a Temporary Redistricting Advisory Commission by February 15 of each redistricting year to: (1) guide the agency in development of the plan, (2) analyze and review the plan, and (3) recommend to the state legislature whether it should be adopted or rejected.
Requires the state legislature to approve or reject the plan within three days after receiving the Commission's report.
Prescribes requirements for development and submission of revised plans when preceding plans are rejected.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3906 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 3906
To require States to carry out Congressional redistricting in
accordance with plans developed by nonpartisan service agencies of the
legislative branch of State governments, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 16, 2014
Mr. Braley of Iowa (for himself and Mr. Loebsack) 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 plans developed by nonpartisan service agencies of the
legislative branch of State governments, 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.
This Act may be cited as the ``Fixing America's Inconsistent
Redistricting (FAIR) Act''.
SEC. 2. REQUIRING REDISTRICTING TO BE CONDUCTED THROUGH PLAN OF
NONPARTISAN SERVICE AGENCIES OF STATE LEGISLATURES.
(a) Use of Nonpartisan Plan.--Notwithstanding any other provision
of law, any Congressional redistricting conducted by a State shall be
conducted in accordance with a redistricting plan--
(1) developed by a nonpartisan agency of the legislative
branch of the State government in accordance with section 3;
and
(2) enacted into law by the State in accordance with
section 4.
(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 Fixing America's Inconsistent Redistricting (FAIR)
Act''.
SEC. 3. DEVELOPMENT OF PLAN.
(a) Establishment or Designation of Nonpartisan Agency of State
Legislature.--
(1) In general.--Not later than each December 31 of the
year preceding a redistricting year, each State shall establish
a nonpartisan agency in the legislative branch of the State
government to develop the redistricting plan for the State for
the redistricting year.
(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 proposal.
(3) Designation of existing agency.--At its option, a State
may designate an existing agency in the legislative branch of
its government to develop the redistricting plan for the State
under this Act, so long as the agency meets the requirements
for nonpartisanship under this subsection.
(4) Termination of agency specifically established for
redistricting.--If a State does not designate an existing
agency under paragraph (3) but instead establishes a new agency
to serve as the nonpartisan agency under this section, the new
agency shall terminate upon the enactment into law of the
redistricting plan for the State.
(b) Development of Redistricting Plan.--
(1) Criteria.--The nonpartisan agency established or
designated by a State under this section shall develop a
redistricting plan for the State in accordance with the
following criteria:
(A) Adherence to the ``one person, one vote''
standard and other requirements imposed under the
Constitution of the United States.
(B) To the greatest extent mathematically possible,
ensuring that the population of each Congressional
district in the State does not vary by more than one
percent from the population of any other Congressional
district in the State (as determined on the basis of
the total count of persons of the most recent decennial
census conducted by the Bureau of the Census).
(C) Consistency with any applicable requirements of
the Voting Rights Act of 1965 and other Federal laws.
(D) Ensuring that districts are contiguous (except
to the extent necessary to include any area which is
surrounded by a body of water).
(E) To the greatest extent practicable, the
maintenance of the geographic continuity of the
political subdivisions of the State which are included
in the same Congressional district.
(F) To the greatest extent practicable, maintaining
compact districts.
(2) Factors prohibited from consideration.--In developing
the redistricting plan for the State, the nonpartisan agency
may not take into consideration any of the following factors,
except to the extent necessary to comply with the Voting Rights
Act of 1965:
(A) The residence of incumbent Members of the House
of Representatives in the State.
(B) The voting history of the population of a
Congressional district, except that the agency may take
such history into consideration to the extent necessary
to comply with any State law which requires the
establishment of competitive Congressional districts.
(C) The political party affiliation of the
population of a district.
(c) Submission of Plan to Legislature and Temporary Redistricting
Advisory Commission.--Not later than April 1 of the redistricting year,
the nonpartisan agency shall submit the redistricting plan developed
under this section to the State legislature and to the Temporary
Redistricting Advisory Commission of the legislature established under
section 4(a).
SEC. 4. ENACTMENT OF PLAN BY STATE LEGISLATURE.
(a) Role of Temporary Redistricting Advisory Commission.--
(1) In general.--Not later than February 15 of each
redistricting year, each State shall appoint a commission to be
known as the ``Temporary Redistricting Advisory Commission''
(hereafter referred to as the ``Commission''), consisting of--
(A) 2 members, of whom 1 shall be appointed by the
majority leader of the upper house of the State
legislature and 1 shall be appointed by the majority
leader of the lower house of the State legislature (or,
in the case of a State with a unicameral legislature,
both of whom shall be appointed by the majority leader
of the legislature);
(B) 2 members, of whom 1 shall be appointed by the
minority leader of the upper house of the State
legislature and 1 shall be appointed by the minority
leader of the lower house of the State legislature (or,
in the case of a State with a unicameral legislature,
both of whom shall be appointed by the minority leader
of the legislature); and
(C) 1 member appointed by a majority vote of the
members appointed under the previous subparagraphs.
(2) Qualifications.--An individual is eligible to serve as
a member of the Commission if the individual meets each of the
following requirements:
(A) The individual is an eligible elector of the
State at the time of appointment.
(B) The individual does not hold a partisan
political office or serve as an officer of a political
party.
(C) The individual is not an employee or an
immediate family member of a member of the State
legislature or member of Congress, or an employee of
the State legislature or Congress. In this
subparagraph, the term ``immediate family member''
means, with respect to an individual, a father, mother,
son, daughter, brother, sister, husband, wife, father-
in-law, or mother-in-law.
(3) Assistance to nonpartisan agency.--At the request of
the nonpartisan agency established or designated under section
3, the Commission shall provide guidance to the agency in its
development of the redistricting plan for the State.
(4) Review of nonpartisan agency plan.--
(A) Hearings.--Upon receiving the redistricting
plan from the nonpartisan agency under section 3(c),
the Commission shall analyze and review the plan, and
shall hold at least 3 public hearings in various
geographic areas of the State to solicit comments on
the plan.
(B) Report to legislature.--Not later than 14 days
after receiving the redistricting plan from the
nonpartisan agency under section 3, the Commission
shall submit a report to the State legislature which
includes the Commission's recommendation regarding
whether the legislature should adopt or reject the
plan, taking into account any comments provided at the
hearings held under subparagraph (A), as well as any
other comments and conclusions regarding the plan which
the Commission considers appropriate.
(5) Termination.--The Commission shall terminate upon the
enactment into law of the redistricting plan for the State.
(b) Action by State Legislature and Chief Executive To Enact
Plan.--
(1) Consideration of plan by legislature.--Not later than 3
days after receiving the Commission's report under subsection
(a) on the redistricting plan developed by the nonpartisan
agency, the State legislature shall either--
(A) approve the plan as submitted by the
nonpartisan agency without amendment and forward the
plan to the chief executive of the State; or
(B) reject the plan.
(2) Enactment of plan.--
(A) In general.--A redistricting plan developed by
the nonpartisan agency shall be considered to be
enacted into law if the plan is forwarded to the chief
executive of the State pursuant to paragraph (1)(A)
and--
(i) the chief executive approves the plan
as forwarded by the legislature without
amendment; or
(ii) the chief executive vetoes the plan
and the legislature overrides the veto in
accordance with the applicable law of the
State, except that at no time may the plan be
amended.
(B) Special rule.--In the case of a State in which
the chief executive is prohibited under State law from
acting on a redistricting plan, a redistricting plan
developed by the nonpartisan agency shall be considered
to be enacted into law if the State legislature
approves the plan as submitted by the nonpartisan
agency without amendment.
(c) Effect of Rejection of Plan.--
(1) Rejection by legislature.--If the State legislature
votes under subsection (b)(1) to reject the redistricting plan
of the nonpartisan agency, not later than 7 days after the vote
to reject the plan the legislature shall submit to the
nonpartisan agency and disseminate publicly a statement of the
legislature's reasons for rejecting the plan.
(2) Veto by chief executive.--If the chief executive vetoes
the redistricting plan of the nonpartisan agency and the State
legislature fails to override the veto, not later than 7 days
after the failed vote to override the veto the chief executive
shall submit to the nonpartisan agency and disseminate publicly
a statement of the chief executive's reasons for vetoing the
plan.
(3) Development and submission of revised plan.--Not later
than 35 days after receiving a statement from the State
legislature under paragraph (1) or a statement from the chief
executive of the State under paragraph (2) (as the case may
be), the nonpartisan agency established or designated under
section 3 shall develop a revised redistricting plan for the
State which is consistent with the criteria set forth in
section 3(b) but which addresses the reasons provided under
paragraph (1) or paragraph (2) (as the case may be) for the
rejection of the plan, and shall submit the revised plan to the
State legislature.
(4) Consideration of revised plan by legislature.--Not
later than 7 days after receiving the revised redistricting
plan under paragraph (3), the State legislature shall either--
(A) approve the revised plan as submitted by the
nonpartisan agency without amendment and forward the
plan to the chief executive of the State; or
(B) reject the plan.
(5) Enactment of revised plan.--Subsection (b)(2) shall
apply with respect to the enactment of the revised plan
developed and submitted by the nonpartisan agency under
paragraph (3) in the same manner as such subsection applies
with respect to the initial redistricting plan developed and
submitted by the agency under such subsection.
(d) Effect of Rejection of Revised Plan; Permitting Legislature To
Amend Second Revised Plan.--
(1) Rejection by legislature.--If the State legislature
votes under subsection (c)(4) to reject the revised
redistricting plan of the nonpartisan agency, not later than 7
days after the vote to reject the plan the legislature shall
submit to the nonpartisan agency and disseminate publicly a
statement of the legislature's reasons for rejecting the
revised plan.
(2) Veto by chief executive.--If the chief executive vetoes
the revised redistricting plan of the nonpartisan agency and
the State legislature fails to override the veto, not later
than 7 days after the failed vote to override the veto the
chief executive shall submit to the nonpartisan agency and
disseminate publicly a statement of the chief executive's
reasons for vetoing the revised plan.
(3) Development and submission of second revised plan.--Not
later than 35 days after receiving a statement from the State
legislature under paragraph (1) or a statement from the chief
executive of the State under paragraph (2) (as the case may
be), the nonpartisan agency established or designated under
section 3 shall develop a second revised redistricting plan for
the State which is consistent with the criteria set forth in
section 3(b) but which addresses the reasons provided under
paragraph (1) or paragraph (2) (as the case may be) for the
rejection of the revised plan, and shall submit the second
revised plan to the State legislature.
(4) Consideration of second revised plan by legislature.--
Not later than 7 days after receiving the second revised
redistricting plan under paragraph (3), the State legislature
shall either--
(A) approve the second revised plan as submitted by
the nonpartisan agency with or without amendment and
forward the plan to the chief executive of the State;
or
(B) reject the plan.
(5) Enactment of second revised plan.--Subsection (b)(2)
shall apply with respect to the enactment of the second revised
plan developed and submitted by the nonpartisan agency under
paragraph (3) in the same manner as such subsection applies
with respect to the initial redistricting plan developed and
submitted by the agency under such subsection.
(e) Rejection of Second Revised Plan.--
(1) Development of plan by highest court of state.--If the
second revised redistricting plan developed and submitted under
subsection (d) is not enacted into law, the highest court of
the State shall assume sole responsibility for the development
and enactment of the redistricting plan for the State, and
shall publish the plan it develops not later than November 15
of the redistricting year.
(2) Application of same criteria used by nonpartisan
agency.--Section 3(b) shall apply with respect to the
development of the redistricting plan by a court under this
subsection in the same manner as such section applies to the
development of the plan by the nonpartisan agency under section
3.
(3) Enactment upon publication.--Upon the publication by
the highest court of the State of the redistricting plan under
this subsection, the plan shall be deemed to be enacted into
law.
SEC. 5. REDISTRICTING YEAR DEFINED.
In this Act, the term ``redistricting year'' means, with respect to
a State, the year in which the chief executive officer of the State
receives the notice 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. 6. 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. 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 2020.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution and Civil Justice.
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