No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7740 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7740
To establish the use of ranked choice voting in elections for Senators
and Representatives in Congress, to require each State with more than
one Representative to establish multi-member congressional districts,
to require States to conduct congressional redistricting according to
nonpartisan criteria, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 20, 2024
Mr. Beyer (for himself, Mr. Raskin, Mr. Blumenauer, Ms. Lee of
California, Mr. Khanna, Mr. McGovern, and Mr. Peters) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on House Administration, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To establish the use of ranked choice voting in elections for Senators
and Representatives in Congress, to require each State with more than
one Representative to establish multi-member congressional districts,
to require States to conduct congressional redistricting according to
nonpartisan criteria, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fair
Representation Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Finding of constitutional authority.
TITLE I--RANKED CHOICE VOTING
Sec. 101. Requiring ranked choice voting for election of Senators and
Representatives.
Sec. 102. Applicability of enforcement provisions of Help America Vote
Act of 2002.
Sec. 103. Effective date.
TITLE II--MULTI-MEMBER DISTRICTS
Sec. 201. Requiring use of multi-member districts in certain States.
Sec. 202. Election of representatives at large in certain States.
Sec. 203. Establishing minimum number of candidates in general
election.
Sec. 204. Conforming amendments.
Sec. 205. Prohibition on winner-take-all elections.
Sec. 206. Exception for States in which use of multi-member or at large
districts will result in diminishment of
voting rights.
Sec. 207. Effective date.
TITLE III--NONPARTISAN REDISTRICTING REFORM
Sec. 301. Requiring congressional redistricting plans to comply with
nonpartisan criteria.
Sec. 302. Ban on mid-decade redistricting.
Sec. 303. Criteria for redistricting.
Sec. 304. Development of plan.
Sec. 305. Failure by State to enact plan.
Sec. 306. Civil enforcement.
Sec. 307. Effective date.
TITLE IV--GENERAL PROVISIONS
Sec. 401. No effect on elections for State and local office.
Sec. 402. Severability.
SEC. 2. FINDING OF CONSTITUTIONAL AUTHORITY.
Congress finds that it has the authority to establish the terms and
conditions States must follow in carrying out congressional
redistricting after an apportionment of Members of the House of
Representatives and in administering elections for the Senate and House
of Representatives because--
(1) the authority granted to Congress under article I,
section 4 of the Constitution of the United States gives
Congress the power to enact laws governing the time, place, and
manner of elections for Senators and Members of the House of
Representatives;
(2) the authority granted to Congress under section 5 of
the Fourteenth Amendment to the Constitution gives Congress the
power to enact laws to enforce section 2 of such amendment,
which requires Representatives to be apportioned among the
several States according to their number; and
(3) the authority granted to Congress under section 5 of
the Fourteenth Amendment to the Constitution gives Congress the
power to enact laws to enforce section 1 of such amendment,
including protections against excessive partisan gerrymandering
that Federal courts have not enforced because they understand
such enforcement to be committed to Congress by the
Constitution.
TITLE I--RANKED CHOICE VOTING
SEC. 101. REQUIRING RANKED CHOICE VOTING FOR ELECTION OF SENATORS AND
REPRESENTATIVES.
(a) In General.--Title III of the Help America Vote Act of 2001 (52
U.S.C. 21081 et seq.) is amended by adding at the end the following new
subtitle:
``Subtitle C--Ranked Choice Voting
``PART 1--REQUIRING RANKED CHOICE VOTING FOR ELECTION OF SENATORS AND
REPRESENTATIVES
``SEC. 321. REQUIRING RANKED CHOICE VOTING FOR ELECTION OF SENATORS AND
REPRESENTATIVES.
``(a) Ranked Choice Voting.--Except as provided in section 205 of
the Fair Representation Act, each State shall carry out elections for
the office of Senator and the office of Representative in Congress
using ranked choice voting, a system under which each voter may rank
the candidates for the office in the order of the voter's preference,
and ballots are tabulated, in accordance with the following:
``(1) In any single-seat election and any election for the
office of Senator, the State shall carry out the election using
single-seat ranked choice voting as described in section
322(a).
``(2) In any multi-seat election, the State shall carry out
the election using multi-seat ranked choice voting as described
in section 322(b).
``(b) Ballot Design.--
``(1) In general.--Each State shall ensure that the ballot
used in an ranked choice voting election under this title meets
each of the following requirements:
``(A) The ballot shall allow voters to rank
candidates in order of choice.
``(B) The number of candidates whom a voter may
rank in the election, as determined under paragraph
(2), shall be uniform for all voters in the election
within the State
``(C) The ballot shall include all qualified
candidates for the election and (to the extent
permitted under State law) options for voters to select
write-in candidates.
``(D) The ballot shall include such instructions as
the State considers necessary to enable the voter to
rank candidates and successfully cast the ballot under
the system.
``(2) Determination of number of candidates voter may
rank.--The number of candidates a voter may rank in a ranked
choice voting election shall be determined as follows:
``(A) If feasible, the ballot shall permit voters
to rank a number of candidates in the election which is
not fewer than the number of seats in the election plus
4.
``(B) If the number of candidates in the election
is less than the number of ranking provided under
subparagraph (A), the ballot shall permit voters to
rank a number of candidates which is not fewer than the
number of candidates in the election, including write-
in candidates.
``(C) If it is not feasible for the ballot to
permit voters to rank as many candidates as required
under subparagraphs (A) or (B), the State may limit the
number of candidates who may be ranked for each
election on the ballot to a maximum feasible number
established by the State, except that such number may
not be less than 5 for any election on the ballot.
``SEC. 322. TABULATION OF BALLOTS.
``(a) Tabulation for Single-Seat Congressional Elections.--
``(1) Process for tabulation.--In the case of a single-seat
election, each ballot cast in the election shall count as one
vote for the highest-ranked active candidate on the ballot.
Tabulation shall proceed in rounds as described in paragraphs
(2) and (3).
``(2) Elimination of candidates during tabulation.--If
there are more than two active candidates, the active candidate
with the fewest votes is eliminated, each vote cast on a ballot
for the eliminated candidate shall be counted for the next-
ranked active candidate on the ballot, and a new round shall
begin.
``(3) Completion of tabulation; election of candidate.--
When there are two or fewer active candidates--
``(A) tabulation is complete; and
``(B) the candidate receiving the greatest number
of votes shall be elected to the office of Senator or
Representative in Congress (or, in the case of a
primary election, shall advance to the general election
for such office as provided under the law of the State
involved).
``(b) Tabulation for Multi-Seat Congressional Elections.----
``(1) Process for tabulation.--In the case of a multi-seat
election, each ballot cast in the election shall count at its
current transfer value for the highest-ranked active candidate
on the ballot. Tabulation shall proceed as described in
paragraphs (2), (3), and (4).
``(2) Election of candidates during tabulation; surplus-
transfer round.--If any active candidate has a number of votes
greater than or equal to the election threshold, that candidate
shall be designated as elected, and the surplus votes shall be
transferred to other candidates as follows:
``(A) Unless paragraph (4) applies, each ballot
counting for an elected candidate shall be assigned a
new transfer value by multiplying the ballot's current
transfer value by the surplus fraction for the elected
candidate, truncated after 4 decimal places.
``(B) Each candidate elected under this paragraph
shall be deemed to have a number of votes equal to the
election threshold for the contest in all future
rounds, each ballot counting towards the elected
candidate shall be transferred at its new transfer
value to its next-ranked active candidate, and a new
round shall begin.
``(C) If two or more candidates have a number of
votes greater than the election threshold, the
surpluses shall be distributed simultaneously in the
same round.
``(3) Elimination of candidates during tabulation;
elimination round.--Unless paragraph (2) or paragraph (4)
applies, the active candidate with the fewest votes is
eliminated, each vote cast on a ballot for the eliminated
candidate shall be counted for the next-ranked active candidate
on the ballot, and a new round shall begin.
``(4) Completion of tabulation.--Tabulation in a multi-seat
election is complete if--
``(A) the number of elected candidates is equal to
the number of seats to be filled and any remaining
votes in excess of the election threshold have been
counted for each ballot's next-ranked active candidate;
or
``(B) the sum of the number of elected candidates
and the number of active candidates is less than or
equal to the number of seats to be filled at any time.
``(c) Treatment of Certain Ballots.--
``(1) Treatment of undervotes.--A ballot which is an
undervote shall not be counted in any round of tabulation of
ballots in an election under this section. For purposes of this
paragraph, an `undervote' is a ballot for which the voter does
not rank any of the candidates in the election.
``(2) Treatment of inactive ballots.--
``(A) In general.--A ballot which becomes an
inactive ballot shall no longer count for any candidate
for the remainder of the tabulation of ballots in an
election under this section after the ballot becomes
inactive.
``(B) Inactive ballot defined.--For purposes of
this paragraph, an `inactive ballot' is a ballot on
which--
``(i) all of the ranked candidates on the
ballot have become inactive; or
``(ii) the voter ranks more than one
candidate at the same ranking and all
candidates at a higher ranking have become
inactive.
``(3) Treatment of skipped or repeated rankings.--
``(A) In general.--A ballot which includes any
skipped or repeated ranking shall remain active and
continue to be counted for the highest-ranked active
candidate in an election under this section.
``(B) Skipped and repeated rankings defined.--For
purposes of this paragraph--
``(i) a `skipped ranking' is a ranking a
voter does not assign to any candidate while
assigning a subsequent ranking to a candidate;
and
``(ii) a `repeated ranking' is a ranking
for which the voter has assigned the same
candidate that the voter assigned to another
ranking.
``SEC. 323. TREATMENT OF TIES BETWEEN CANDIDATES.
``(a) Resolution by Lot.--If a tie occurs between candidates with
the greatest number of votes or the fewest number of votes at any point
in the tabulation of ballots under this part and the tabulation cannot
proceed until the tie is resolved, the tie shall be resolved by lot or
by such other method as may be provided under State law.
``(b) Resolution Prior to Tabulation.--Prior to tabulation, the
chief election official of the State may resolve prospective ties
between candidates by lot or according to the method provided under
State law, as described in subsection (a).
``(c) Use During Recount.-- The result of the resolution of any tie
shall be recorded and reused for purposes of any recount under State
law.
``SEC. 324. DEFINITIONS.
``In this part, the following definitions apply:
``(1) The term `active candidate' means, with respect to
any round of tabulation under this part, a candidate who has
not been elected or eliminated, and who is not a withdrawn
candidate.
``(2) The term `election threshold' means the number of
votes sufficient for a candidate to be elected in a multi-seat
election. Such number is equal to the total votes counted for
active candidates in the first round of tabulation, divided by
the sum of one plus the number of seats to be filled, then
increased by one, disregarding any fractions.
``(3) The term `highest-ranked active candidate' means the
active candidate assigned to a higher ranking than any other
active candidate.
``(4) The term `multi-seat election' means any primary
election in which more than one candidate in the primary
election will advance to the general election, any special
election for more than one seat, and any general election in
which more than one Representative is elected at large or in a
multi-member district.
``(5) The term `ranking' means the number available to be
assigned by a voter to a candidate to express the voter's
choice for that candidate, with `1' as the highest ranking and
each succeeding positive number as the next highest ranking.
``(6) The term `single-seat election' means any primary
election in which exactly one candidate in the primary election
will advance to the general election, any special election for
exactly one seat, any general election for the office of
Senator, and any general election in which only one
Representative is elected at large.
``(7) The term `surplus fraction' means, with respect to an
elected candidate as described in section 322(b)(1), the number
obtained by subtracting the election threshold from the
candidate's vote total, then dividing that number by the
candidate's vote total, truncated after four decimal places.
``(8) The term `transfer value' means the proportion of a
vote that a ballot will contribute to its highest-ranked active
candidate. Each ballot begins with a transfer value of 1. If a
ballot contributes to the election of a candidate under section
322(b)(1), the transfer value shall be the new transfer value
assigned under such section.
``(9) The term `vote total' means, with respect to a
candidate in a round of counting, the total transfer value of
all ballots counting for the candidate in the round.
``(10) The term `withdrawn candidate' means a candidate
who, prior to the date of the election, files or has an
authorized designee file a signed letter of withdrawal from the
election, in accordance with such rules as the chief election
official of the State may establish.
``PART 2--PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING
``SEC. 331. PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING.
``(a) Payments Described.--
``(1) Payments.--Not later than June 1, 2025, the
Commission shall make a payment to each State in the amount
determined with respect to the State under paragraph (2).
``(2) Amount determined on basis of number of registered
voters.--
``(A) In general.--The amount determined under this
paragraph is the product of--
``(i) the number of individuals registered
to vote in elections for Federal office in the
State, based on the most recently available
information on voter registration in the State,
as provided to the Commission by the State; and
``(ii) the per capita amount established by
the Commission under subparagraph (B).
``(B) Per capita amount.--For purposes of this
paragraph, the Commission shall establish a separate,
appropriate per capita payment amount for each State
that may be no less than $4 and no more than $8, taking
into account any reasonable demonstrated or estimated
costs associated with the use of ranked choice voting,
including costs related to voting equipment updates;
election setup licensing costs; programming; ballot
design and printing; training; processing, canvassing,
centralization, and tabulation; preliminary and final
results reporting and displaying; post-election audits
and recounts; and voter information, education, and
engagement.
``(b) Use of Funds.--A State shall use the payment made under
subsection (a) to implement ranked choice voting under this subtitle,
including educating voters about ranked choice voting, and to otherwise
carry out elections for Federal office in the State.
``(c) No Effect on Requirements Payments.--The receipt or use of
the payment made under this section shall not affect a State's
eligibility for or use of a requirements payment made under part 1 of
subtitle D of title II.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for payments under this
section.
``PART 3--GENERAL PROVISIONS
``SEC. 341. TREATMENT OF STATES NOT HOLDING PRIMARY ELECTIONS PRIOR TO
DATE OF GENERAL ELECTION.
``Nothing in this subtitle shall be construed to require a State to
hold a primary election for the office of Senator or Representative in
Congress prior to the date established under section 25 of the Revised
Statutes of the United States (2 U.S.C. 7) for the regularly scheduled
general election for such office, so long as the determination of the
candidates who are elected to such office is based solely on the votes
cast with respect to the election held on such date, as determined in
accordance with the system of ranked choice voting under this title.
``SEC. 342. APPLICATION TO DISTRICT OF COLUMBIA AND TERRITORIES.
``(a) Election of Delegates and Resident Commissioner.--In this
subtitle, the term `Representative' includes a Delegate or Resident
Commissioner to the Congress.
``(b) Application to Northern Mariana Islands.--This subtitle shall
apply with respect to the Commonwealth of the Northern Mariana Islands
in the same manner as this subtitle applies to a State.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the item relating to title III the
following:
``Subtitle C--Ranked Choice Voting
``Part 1--Requiring Ranked Choice Voting for Election of Senators and
Representatives
``Sec. 321. Requiring ranked choice voting for election of
Senators and Representatives.
``Sec. 322. Tabulation of ballots.
``Sec. 323. Treatment of ties between candidates.
``Sec. 324. Definitions.
``Part 2--Payments to States To Implement Ranked Choice Voting
``Sec. 331. Payments to States to implement ranked choice
voting.
``Part 3--General Provisions
``Sec. 341. Treatment of States not holding primary elections
prior to date of general election.
``Sec. 342. Application to District of Columbia and
territories.
SEC. 102. APPLICABILITY OF ENFORCEMENT PROVISIONS OF HELP AMERICA VOTE
ACT OF 2002.
Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111)
is amended by striking ``sections 301, 302, and 303'' and inserting
``title III''.
SEC. 103. EFFECTIVE DATE.
This title and the amendments made by this title shall apply with
respect to--
(1) elections for the office of Senator which are held
during 2026 or any succeeding year; and
(2) elections for the office of Representative which are
held pursuant to the reapportionment of Representatives
resulting from the regular decennial census conducted during
2030 and all subsequent elections.
TITLE II--MULTI-MEMBER DISTRICTS
SEC. 201. REQUIRING USE OF MULTI-MEMBER DISTRICTS IN CERTAIN STATES.
(a) Rules for States With Six or More Representatives.--Except as
provided in section 202(b), if a State is entitled to six or more
Representatives in Congress under an apportionment made under section
22(a) of the Act entitled ``An Act to provide for the fifteenth and
subsequent decennial censuses and to provide for an apportionment of
Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a(a)),
the State shall establish a number of districts for the election of
Representatives in the State that is less than the number of
Representatives to which the State is entitled, and Representatives
shall be elected only from districts so established.
(b) Criteria for Number of Districts.--In establishing the number
of districts for the State under subsection (a), the State shall follow
the following criteria:
(1) The State shall ensure that districts shall each have
equal population per Representative as nearly as practicable,
in accordance with the Constitution of the United States.
(2) The number of Representatives to be elected from any
district may not be fewer than three or greater than five.
SEC. 202. ELECTION OF REPRESENTATIVES AT LARGE IN CERTAIN STATES.
(a) Mandatory Elections at Large.--If a State is entitled to five
or fewer Representatives in Congress under an apportionment made under
section 22(a) of the Act entitled ``An Act to provide for the fifteenth
and subsequent decennial censuses and to provide for an apportionment
of Representatives in Congress'', approved June 18, 1929 (2 U.S.C.
2a(a)), the State shall elect all such Representatives at large.
(b) Optional Elections at Large.--If a State is entitled to six or
seven Representatives in Congress under an apportionment made under
section 22(a) of the Act entitled ``An Act to provide for the fifteenth
and subsequent decennial censuses and to provide for an apportionment
of Representatives in Congress'', approved June 18, 1929 (2 U.S.C.
2a(a)), the State may, at its option, elect all such Representatives at
large.
SEC. 203. ESTABLISHING MINIMUM NUMBER OF CANDIDATES IN GENERAL
ELECTION.
(a) States With Partisan Nominating Primaries.--
(1) In general.--If, in a primary election for the office
of Representative, the candidates that advance to the general
election do so by winning the nomination of a political party
(without regard to whether or not the election is open or
closed to voters on the basis of political party preference),
the State shall ensure that the number of candidates to be
nominated by each political party is equal to the lesser of--
(A) the number of Representatives who will be
elected from the district involved; or
(B) the number of candidates in the primary
election.
(2) Authority of political parties to determine number of
candidates advancing in multi-seat elections.--Notwithstanding
paragraph (1), in the case of a primary election described in
such paragraph which is a multi-seat primary election, a State
may permit a political party to adopt a rule that provides for
such number of nominees of that political party to advance to
the general election as the party considers appropriate.
(3) Multi-seat primary election defined.--In this
subsection, the term ``multi-seat primary election'' means a
primary election held to select the candidates for a general
election in which more than one Representative shall be
elected.
(b) States With Nonpartisan Blanket Primaries.--
(1) Number of candidates.--If a State uses a nonpartisan
blanket primary election to determine which candidates will
advance to the general election for the office of
Representative, the State shall ensure that the number of
candidates who advance to the general election for the office
is not less than the greater of--
(A) five;
(B) twice the number of Representatives who will be
elected from the district involved; or
(C) such greater number as the State may establish
by law.
(2) Nonpartisan blanket primary election defined.--In this
subsection, a ``nonpartisan blanket primary election'' is a
primary election for the office of Representative conducted
prior to the date established under section 25 of the Revised
Statutes of the United States (2 U.S.C. 7) for the regularly
scheduled general election for such office, under which--
(A) each candidate for such office, regardless of
the candidate's political party preference or lack
thereof, shall appear on a single ballot;
(B) each voter in the State who is eligible to vote
in elections for Federal office in the district
involved may cast a ballot in the election, regardless
of the voter's political party preference or lack
thereof; and
(C) the identification and number of candidates who
advance to the general election for the office is
determined without regard to the candidates' political
party preferences or lack thereof.
(c) Exception for States Not Holding Primary Elections Prior to
Date of Regularly Scheduled General Election.--In the case of a State
that does not hold primary elections for the office of Representative
prior to the date established under section 25 of the Revised Statutes
of the United States (2 U.S.C. 7) for the regularly scheduled general
election for such offices, all seats shall be elected at the election
taking place on such date.
SEC. 204. CONFORMING AMENDMENTS.
(a) Election of Representatives Prior to Reapportionment.--Section
22(c) of the Act entitled ``An Act to provide for the fifteenth and
subsequent decennial censuses and to provide for an apportionment of
Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a(c)),
is amended by striking ``Until a State'' and inserting ``Except as
provided in title II of the Fair Representation Act, until a State''.
(b) Number of Representatives.--Section 22(b) of the Act entitled
``An Act to provide for apportioning Representatives in Congress among
the several States by the equal proportions method'', approved November
15, 1941 (2 U.S.C. 2b), is amended by striking ``Each State'' and
inserting ``Except as provided in title II of the Fair Representation
Act, each State''.
(c) Number of Representatives From Each District.--The Act entitled
``An Act for the relief of Doctor Ricardo Vallejo Samala and to provide
for congressional redistricting'', approved December 14, 1967 (2 U.S.C.
2c), is amended by striking ``In each State'' and inserting ``Except as
provided in title II of the Fair Representation Act, in each State''.
(d) Nomination for Representatives at Large.--Section 5 of the Act
entitled ``An Act For the apportionment of Representatives in Congress
among the several States under the Thirteenth Census'', approved August
8, 1911 (2 U.S.C. 5), is amended by striking ``Candidates for
Representative'' and inserting ``Except as provided in title II of the
Fair Representation Act, candidates for Representative''.
SEC. 205. PROHIBITION ON WINNER-TAKE-ALL ELECTIONS.
If, for any reason, a State cannot use ranked choice voting under
subtitle C of title III of the Help America Vote Act of 2002, as added
by section 101, then in any election held at large or in a multi-winner
district in which more than one Representative will be elected, all
Representatives shall be elected using an election method that ensures
the election of any candidate or any party or slate of candidates who
earns a number of votes equal to or greater than the total votes
counted for all candidates, divided by the sum of one plus the number
of seats to be filled, then increased by one, disregarding any
fractions..
SEC. 206. EXCEPTION FOR STATES IN WHICH USE OF MULTI-MEMBER OR AT LARGE
DISTRICTS WILL RESULT IN DIMINISHMENT OF VOTING RIGHTS.
(a) Exception.--If, in an action brought under section 306, the
court determines that the use of multi-member or at large districts by
a State, as set forth in the congressional redistricting plan of a
State with respect to the apportionment of Representatives resulting
from a decennial census, indicates that the redistricting plan will
deny or abridge the right to vote by having the effect of diminishing
the ability of any citizens of the United States on account of race or
color, or in contravention of the guarantees set forth in section
4(f)(2) of the Voting Rights Act of 1965 (52 U.S.C. 10303(f)(2)), to
elect their preferred candidates of choice--
(1) this title shall not apply with respect to any election
held in the State which is based on the apportionment of
Representatives to which such redistricting plan would apply;
and
(2) subject to section 306(c), the court shall develop and
publish a redistricting plan for the State which meets the
requirements of title III and under which there are no multi-
member districts in the State.
(b) No Effect on Other Requirements.--Nothing in this section shall
be construed to waive the application of any of the other titles of
this Act or the amendments made by any of the other titles of this Act
to a State for which there are no multi-member districts as a result of
this section, including the requirement to use ranked choice voting as
set forth in title I or the requirement that the congressional
redistricting plan of a State meet the requirements of title III.
SEC. 207. EFFECTIVE DATE.
This title and the amendments made by this title shall apply with
respect to the One Hundred Twenty-Third Congress and each subsequent
Congress.
TITLE III--NONPARTISAN REDISTRICTING REFORM
SEC. 301. REQUIRING CONGRESSIONAL REDISTRICTING PLANS TO COMPLY WITH
NONPARTISAN CRITERIA.
A State may not use a congressional redistricting plan enacted if
such plan is not in compliance with section 303.
SEC. 302. BAN ON MID-DECADE REDISTRICTING.
A State that has been redistricted in accordance with this title
may not be redistricted again until after the next apportionment of
Representatives under section 22(a) of the Act entitled ``An Act to
provide for the fifteenth and subsequent decennial censuses and to
provide for an apportionment of Representatives in Congress'', approved
June 18, 1929 (2 U.S.C. 2a), unless a court requires the State to
conduct such subsequent redistricting to comply with the Constitution
of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.), or the terms or conditions of this title.
SEC. 303. CRITERIA FOR REDISTRICTING.
(a) Ranked Criteria.--The redistricting plan of a State shall be
developed in accordance with the following criteria, as set forth in
the following order of priority:
(1) Districts shall comply with the Constitution of the
United States, including the requirement that they
substantially equalize total population, without regard to age,
citizenship status, or immigration status.
(2) Districts shall comply with the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.), and all applicable Federal
laws.
(3)(A) Districts shall be drawn, to the extent that the
totality of the circumstances warrant, to ensure the practical
ability of a group protected under the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.), whether alone or in coalition
with others, to participate in the political process and to
nominate candidates and to elect representatives of choice is
not diluted or diminished.
(B) For purposes of subparagraph (A), the assessment of
whether a protected group has the practical ability to nominate
candidates and to elect representatives of choice shall require
the consideration of the following factors:
(i) Whether the group is politically cohesive.
(ii) Whether there is racially polarized voting in
the relevant geographic region.
(iii) If there is racially polarized voting in the
relevant geographic region, whether the preferred
candidates of the group nevertheless receive a
sufficient amount of consistent crossover support from
other voters such that the group has a real opportunity
to both nominate candidates and elect representatives
of choice.
(4) To the extent practicable, districts shall reflect the
diversity of political opinion in the State such that no
district in the State--
(A) elects exactly 3 Representatives and the
nominee of one political party for President received
at least 75 percent of the votes cast in the geographic
area covered by the district in 2 of the 3 most recent
Presidential elections;
(B) elects exactly 4 Representatives and the
nominee of one political party for President received
at least 80 percent of the votes cast in the geographic
area covered by the district in 2 of the 3 most recent
Presidential elections; or
(C) elects exactly 5 Representatives and the
nominee of one political party for President received
at least 83 percent of the votes cast in the geographic
area covered by the district in 2 of the 3 most recent
Presidential elections.
(5) To the greatest extent practicable the State shall
minimize the number of districts electing 4 Representatives.
(6) To the greatest extent practicable the State shall
maximize the number of districts electing 5 Representatives.
(7)(A) Districts shall be drawn to represent communities of
interest and neighborhoods to the extent practicable after
compliance with the requirements of paragraphs (1) through (6).
A community of interest is defined as an area for which the
record before the entity responsible for developing and
adopting the redistricting plan demonstrates the existence of
broadly shared interests and representational needs, including
shared interests and representational needs rooted in common
ethnic, racial, economic, Indian, social, cultural, geographic,
or historic identities, or arising from similar socioeconomic
conditions. The term communities of interest may, if the record
warrants, include political subdivisions such as counties,
municipalities, Indian lands, or school districts, but shall
not include common relationships with political parties or
political candidates.
(B) For purposes of subparagraph (A), in considering the
needs of multiple, overlapping communities of interest, the
entity responsible for developing and adopting the
redistricting plan shall give greater weight to those
communities of interest whose representational needs would most
benefit from the community's inclusion in a single
congressional district.
(b) No Favoring or Disfavoring of Political Parties.--
(1) Prohibition.--A State may not use a redistricting plan
to conduct an election if the plan's congressional districts,
when considered cumulatively on a statewide basis, have been
drawn with the intent or have the effect of materially favoring
or disfavoring any political party.
(2) Determination of effect.--The determination of whether
a redistricting plan has the effect of materially favoring or
disfavoring a political party shall be based on an evaluation
of the totality of circumstances which, at a minimum, shall
involve consideration of each of the following factors:
(A) Computer modeling based on relevant statewide
general elections for Federal office held over the 8
years preceding the adoption of the redistricting plan
setting forth the probable electoral outcomes for the
plan under a range of reasonably foreseeable
conditions.
(B) An analysis of whether the redistricting plan
is statistically likely to result in partisan advantage
or disadvantage on a statewide basis, the degree of any
such advantage or disadvantage, and whether such
advantage or disadvantage is likely to be present under
a range of reasonably foreseeable electoral conditions.
(C) A comparison of the modeled electoral outcomes
for the redistricting plan to the modeled electoral
outcomes for alternative plans that demonstrably comply
with the requirements of paragraphs (1) through (6) of
subsection (a) in order to determine whether reasonable
alternatives exist that would result in materially
lower levels of partisan advantage or disadvantage on a
statewide basis. For purposes of this subparagraph,
alternative plans considered may include both actual
plans proposed during the redistricting process and
other plans prepared for purposes of comparison.
(D) Any other relevant information, including how
broad support for the redistricting plan was among
members of the entity responsible for developing and
adopting the plan and whether the processes leading to
the development and adoption of the plan were
transparent and equally open to all members of the
entity and to the public.
(3) Determination of intent.--A court may rely on all
available evidence when determining whether a redistricting
plan was drawn with the intent to materially favor or disfavor
a political party, including evidence of the partisan effects
of a plan, the degree of support the plan received from members
of the entity responsible for developing and adopting the plan,
and whether the processes leading to development and adoption
of the plan were transparent and equally open to all members of
the entity and to the public.
(4) No violation based on certain criteria.--No
redistricting plan shall be found to be in violation of
paragraph (1) because of the proper application of the criteria
set forth in paragraphs (1) through (6) of subsection (a),
unless one or more alternative plans could have complied with
such paragraphs without having the effect of materially
favoring or disfavoring a political party.
(c) Factors Prohibited From Consideration.--In developing the
redistricting plan for the State, the State may not take into
consideration any of the following factors, except as necessary to
comply with the criteria described in paragraphs (1) through (6) of
subsection (a), to achieve partisan fairness and comply with subsection
(b), and to enable the redistricting plan to be measured against the
external metrics described in section 304(c):
(1) The residence of any Member of the House of
Representatives, candidate, or any other individual who is
eligible to serve as a Member of the House of Representatives
from the State.
(2) The political party affiliation or voting history of
the population of a district.
(d) Additional Criteria.--A State may not rely upon criteria,
districting principles, or other policies of the State which are not
set forth in this section to justify non-compliance with the
requirements of this section.
(e) Applicability.--
(1) In general.--This section applies to any authority,
whether appointed, elected, judicial, or otherwise, responsible
for enacting the congressional redistricting plan of a State.
(2) Date of enactment.--This section applies to any
congressional redistricting plan enacted following the regular
decennial census conducted during 2030.
(f) Severability of Criteria.--If any provision of this section, or
the application of any such provision to any person or circumstance, is
held to be unconstitutional, the remainder of this section, and the
application of such provision to any other person or circumstance,
shall not be affected by the holding.
SEC. 304. DEVELOPMENT OF PLAN.
(a) Public Notice and Input.--
(1) Use of open and transparent process.--The entity
responsible for developing and adopting the congressional
redistricting plan of a State shall solicit and take into
consideration comments from the public throughout the process
of developing the plan, and shall carry out its duties in an
open and transparent manner which provides for the widest
public dissemination reasonably possible of its proposed and
final redistricting plans.
(2) Website.--
(A) Features.--The entity shall maintain a public
internet site which is not affiliated with or
maintained by the office of any elected official and
which includes the following features:
(i) All proposed redistricting plans and
the final redistricting plan, including the
accompanying written evaluation under
subsection (c).
(ii) All comments received from the public
submitted under paragraph (1).
(iii) Access in an easily usable format to
the demographic and other data used by the
entity to develop and analyze the proposed
redistricting plans, together with any reports
analyzing and evaluating such plans and access
to software that members of the public may use
to draw maps of proposed districts.
(iv) A method by which members of the
public may submit comments directly to the
entity.
(B) Searchable format.--The entity shall ensure
that all information posted and maintained on the site
under this paragraph, including information and
proposed maps submitted by the public, shall be
maintained in an easily searchable format.
(3) Multiple language requirements for all notices.--The
entity responsible for developing and adopting the plan shall
make each notice which is required to be posted and published
under this section available in any language in which the State
(or any jurisdiction in the State) is required to provide
election materials under section 203 of the Voting Rights Act
of 1965 (52 U.S.C. 10503).
(b) Development of Plan.--
(1) Hearings.--The entity responsible for developing and
adopting the congressional redistricting plan shall hold
hearings both before and after releasing proposed plans in
order to solicit public input on the content of such plans.
These hearings shall--
(A) be held in different regions of the State and
streamed live on the public internet site maintained
under subsection (a)(2);
(B) be sufficient in number, scheduled at times and
places, and noticed and conducted in a manner to ensure
that all members of the public, including members of
racial, ethnic, and language minorities protected under
the Voting Rights Act of 1965, have a meaningful
opportunity to attend and provide input both before and
after the entity releases proposed plans.
(2) Posting of maps.--The entity responsible for developing
and adopting the congressional redistricting plan shall make
proposed plans, amendments to proposed plans, and the data
needed to analyze such plans for compliance with the criteria
of this title available for public review, including on the
public internet site required under subsection (a)(2), for a
period of not less than 5 days before any vote or hearing is
held on any such plan or any amendment to such a plan.
(c) Release of Written Evaluation of Plan Against External Metrics
Required Prior To Vote.--The entity responsible for developing and
adopting the congressional redistricting plan for a State may not hold
a vote on a proposed redistricting plan, including a vote in a
committee, unless at least 48 hours prior to holding the vote the State
has released a written evaluation that measures each such plan against
external metrics which cover the criteria set forth in section 303(b),
including the impact of the plan on the ability of members of a class
of citizens protected by the Voting Rights Act of 1965 (52 U.S.C. 10301
et seq.) to elect candidates of choice, the degree to which the plan
preserves or divides communities of interest, and any analysis used by
the State to assess compliance with the requirements of section 303(a)
and (b).
(d) Public Input and Comments.--The entity responsible for
developing and adopting the congressional redistricting plan for a
State shall make all public comments received about potential plans,
including alternative plans, available to the public on the internet
site required under subsection (a)(2), at no cost, not later than 24
hours prior to holding a vote on final adoption of a plan.
SEC. 305. FAILURE BY STATE TO ENACT PLAN.
(a) Deadline for Enactment of Plan.--Except as provided in
paragraph (2), each State shall enact a final congressional
redistricting plan following transmission of a notice of apportionment
to the President by the earliest of--
(1) the deadline set forth in State law, including any
extension to the deadline provided in accordance with State
law;
(2) February 15 of the year in which regularly scheduled
general elections for Federal office are held in the State; or
(3) 90 days before the date of the next regularly scheduled
primary election for Federal office held in the State.
(b) Development of Plan by Court in Case of Missed Deadline.--If a
State has not enacted a final congressional redistricting plan by the
applicable deadline under subsection (a), or it appears reasonably
likely that a State will fail to enact a final congressional
redistricting plan by such deadline--
(1) any citizen of the State may file an action in the
United States district court for the applicable venue asking
the district court to assume jurisdiction;
(2) the United States district court for the applicable
venue, acting through a 3-judge court convened pursuant to
section 2284 of title 28, United States Code, shall have the
exclusive authority to develop and publish the congressional
redistricting plan for the State; and
(3) the final congressional redistricting plan developed
and published by the court under this section shall be deemed
to be enacted on the date on which the court publishes the
final congressional redistricting plan, as described in
subsection (e).
(c) Applicable Venue.--For purposes of this section, the
``applicable venue'' with respect to a State is the District of
Columbia or the judicial district in which the Capital of the State is
located, as selected by the first party to file with the court
sufficient evidence that a State has failed to, or is reasonably likely
to fail to, enact a final redistricting plan for the State prior to the
expiration of the applicable deadline set forth in subsection (a).
(d) Procedures for Development of Plan.--
(1) Criteria.--In developing a redistricting plan for a
State under this section, the court shall adhere to the same
terms and conditions that applied (or that would have applied,
as the case may be) to the development of a plan by the State
under section 303.
(2) Access to information and records.--The court shall
have access to any information, data, software, or other
records and material that was used (or that would have been
used, as the case may be) by the State in carrying out its
duties under this title.
(3) Hearing; public participation.--In developing a
redistricting plan for a State, the court shall--
(A) hold one or more evidentiary hearings at which
interested members of the public may appear and be
heard and present testimony, including expert
testimony, in accordance with the rules of the court;
and
(B) consider other submissions and comments by the
public, including proposals for redistricting plans to
cover the entire State or any portion of the State.
(4) Use of special master.--To assist in the development
and publication of a redistricting plan for a State under this
section, the court shall appoint a special master to make
recommendations to the court on possible plans for the State.
(e) Publication of Plan.--
(1) Public availability of initial plan.--Upon completing
the development of one or more initial redistricting plans, the
court shall make the plans available to the public at no cost,
and shall also make available the underlying data used to
develop the plans and a written evaluation of the plans against
external metrics (as described in section 304(c)).
(2) Publication of final plan.--At any time after the
expiration of the 14-day period which begins on the date the
court makes the plans available to the public under paragraph
(1), and taking into consideration any submissions and comments
by the public which are received during such period, the court
shall develop and publish the final redistricting plan for the
State.
(f) Use of Interim Plan.--In the event that the court is not able
to develop and publish a final redistricting plan for the State with
sufficient time for an upcoming election to proceed, the court may
develop and publish an interim redistricting plan which shall serve as
the redistricting plan for the State until the court develops and
publishes a final plan in accordance with this section. Nothing in this
subsection may be construed to limit or otherwise affect the authority
or discretion of the court to develop and publish the final
redistricting plan, including the discretion to make any changes the
court deems necessary to an interim redistricting plan.
(g) Appeals.--Review on appeal of any final or interim plan adopted
by the court in accordance with this section shall be governed by the
appellate process in section 306.
(h) Stay of State Proceedings.--The filing of an action under this
section shall act as a stay of any proceedings in State court with
respect to the State's congressional redistricting plan unless
otherwise ordered by the court.
SEC. 306. CIVIL ENFORCEMENT.
(a) Civil Enforcement.--
(1) Actions by attorney general.--The Attorney General may
bring a civil action for such relief as may be appropriate to
carry out this title.
(2) Availability of private right of action.--
(A) In general.--Any person residing or domiciled
in a State who is aggrieved by the failure of the State
to meet the requirements of the Constitution or Federal
law, including this title, with respect to the State's
congressional redistricting, may bring a civil action
in the United States district court for the applicable
venue for such relief as may be appropriate to remedy
the failure.
(B) Special rule for claims relating to partisan
advantage.--For purposes of subparagraph (A), a person
who is aggrieved by the failure of a State to meet the
requirements of section 303(b) may include--
(i) any political party or committee in the
State; and
(ii) any registered voter in the State who
resides in a congressional district that the
voter alleges was drawn in a manner that
contributes to a violation of such section.
(C) No awarding of damages to prevailing party.--
Except for an award of attorney's fees under subsection
(d), a court in a civil action under this section shall
not award the prevailing party any monetary damages,
compensatory, punitive, or otherwise.
(3) Delivery of complaint to house and senate.--In any
action brought under this section, a copy of the complaint
shall be delivered promptly to the Clerk of the House of
Representatives and the Secretary of the Senate.
(4) Exclusive jurisdiction and applicable venue.--The
district courts of the United States shall have exclusive
jurisdiction to hear and determine claims asserting that a
congressional redistricting plan violates the requirements of
the Constitution or Federal law, including this title. The
applicable venue for such an action shall be the United States
District Court for the District of Columbia or for the judicial
district in which the Capital of the State is located, as
selected by the person bringing the action. In a civil action
that includes a claim that a redistricting plan is in violation
of subsection (a) or (b) of section 303, the United States
District Court for the District of Columbia shall have
jurisdiction over any defendant who has been served in any
United States judicial district in which the defendant resides,
is found, or has an agent, or in the United States judicial
district in which the Capital of the State is located. Process
may be served in any United States judicial district where a
defendant resides, is found, or has an agent, or in the United
States judicial district in which the Capital of the State is
located.
(5) Use of 3-judge court.--If an action under this section
raises statewide claims under the Constitution or this title,
the action shall be heard by a 3-judge court convened pursuant
to section 2284 of title 28, United States Code.
(6) Review of final decision.--A final decision in an
action brought under this section shall be reviewable on appeal
by the United States Court of Appeals for the District of
Columbia Circuit, which shall hear the matter sitting en banc.
There shall be no right of appeal in such proceedings to any
other court of appeals. Such appeal shall be taken by the
filing of a notice of appeal within 10 days of the entry of the
final decision. A final decision by the Court of Appeals may be
reviewed by the Supreme Court of the United States by writ of
certiorari.
(b) Expedited Consideration.--In any action brought under this
section, it shall be the duty of the district court, the United States
Court of Appeals for the District of Columbia Circuit, and the Supreme
Court of the United States (if it chooses to hear the action) to
advance on the docket and to expedite to the greatest possible extent
the disposition of the action and appeal.
(c) Remedies.--
(1) Adoption of replacement plan.--
(A) In general.--If the district court in an action
under this section finds that the congressional
redistricting plan of a State violates, in whole or in
part, the requirements of this title--
(i) the court shall adopt a replacement
congressional redistricting plan for the State
in accordance with the process set forth in
section 305; or
(ii) if circumstances warrant and no delay
to an upcoming regularly scheduled election for
the House of Representatives in the State would
result, the district court, in its discretion,
may allow a State to develop and propose a
remedial congressional redistricting plan for
review by the court to determine whether the
plan is in compliance with this title, except
that--
(I) the State may not develop and
propose a remedial plan under this
clause if the court determines that the
congressional redistricting plan of the
State was enacted with discriminatory
intent in violation of the Constitution
or section 303(b); and
(II) nothing in this clause may be
construed to permit a State to use such
a remedial plan which has not been
approved by the court.
(B) Prohibiting use of plans in violation of
requirements.--No court shall order a State to use a
congressional redistricting plan which violates, in
whole or in part, the requirements of this title, or to
conduct an election under terms and conditions which
violate, in whole or in part, the requirements of this
title.
(C) Special rule in case final adjudication not
expected within 3 months of election.--
(i) Duty of court.--If final adjudication
of an action under this section is not
reasonably expected to be completed at least 3
months prior to the next regularly scheduled
primary election for the House of
Representatives in the State, the district
court shall--
(I) develop, adopt, and order the
use of an interim congressional
redistricting plan in accordance with
section 305(f) to address any claims
under this title for which a party
seeking relief has demonstrated a
substantial likelihood of success; or
(II) order adjustments to the
timing of primary elections for the
House of Representatives and other
related deadlines, as needed, to allow
sufficient opportunity for adjudication
of the matter and adoption of a
remedial or replacement plan for use in
the next regularly scheduled general
elections for the House of
Representatives.
(ii) Prohibiting failure to act on grounds
of pendency of election.--The court may not
refuse to take any action described in clause
(i) on the grounds of the pendency of the next
election held in the State or the potential for
disruption, confusion, or additional burdens
with respect to the administration of the
election in the State.
(2) No stay pending appeal.--Notwithstanding the appeal of
an order finding that a congressional redistricting plan of a
State violates, in whole or in part, the requirements of this
title, no stay shall issue which shall bar the development or
adoption of a replacement or remedial plan under this
subsection, as may be directed by the district court, pending
such appeal. If such a replacement or remedial plan has been
adopted, no appellate court may stay or otherwise enjoin the
use of such plan during the pendency of an appeal, except upon
an order holding, based on the record, that adoption of such
plan was an abuse of discretion.
(3) Special authority of court of appeals.--
(A) Ordering of new remedial plan.--If, upon
consideration of an appeal under this title, the Court
of Appeals determines that a plan does not comply with
the requirements of this title, it shall direct that
the District Court promptly develop a new remedial plan
with assistance of a special master for consideration
by the Court of Appeals.
(B) Failure of district court to take timely
action.--If, at any point during the pendency of an
action under this section, the District Court fails to
take action necessary to permit resolution of the case
prior to the next regularly scheduled election for the
House of Representatives in the State or fails to grant
the relief described in paragraph (1)(C), any party may
seek a writ of mandamus from the Court of Appeals for
the District of Columbia Circuit. The Court of Appeals
shall have jurisdiction over the motion for a writ of
mandamus and shall establish an expedited briefing and
hearing schedule for resolution of the motion. If the
Court of Appeals determines that a writ should be
granted, the Court of Appeals shall take any action
necessary, including developing a congressional
redistricting plan with assistance of a special master
to ensure that a remedial plan is adopted in time for
use in the next regularly scheduled election for the
House of Representatives in the State.
(4) Effect of enactment of replacement plan.--A State's
enactment of a redistricting plan which replaces a plan which
is the subject of an action under this section shall not be
construed to limit or otherwise affect the authority of the
court to adjudicate or grant relief with respect to any claims
or issues not addressed by the replacement plan, including
claims that the plan which is the subject of the action was
enacted, in whole or in part, with discriminatory intent, or
claims to consider whether relief should be granted under
section 3(c) of the Voting Rights Act of 1965 (52 U.S.C.
10302(c)) based on the plan which is the subject of the action.
(d) Attorney's Fees.--In a civil action under this section, the
court may allow the prevailing party (other than the United States)
reasonable attorney fees, including litigation expenses, and costs.
(e) Relation to Other Laws.--
(1) Rights and remedies additional to other rights and
remedies.--The rights and remedies established by this section
are in addition to all other rights and remedies provided by
law, and neither the rights and remedies established by this
section nor any other provision of this title shall supersede,
restrict, or limit the application of the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.).
(2) Voting rights act of 1965.--Nothing in this title
authorizes or requires conduct that is prohibited by the Voting
Rights Act of 1965 (52 U.S.C. 10301 et seq.).
(f) Legislative Privilege.--No person, legislature, or State may
claim legislative privilege under either State or Federal law in a
civil action brought under this section or in any other legal
challenge, under either State or Federal law, to a redistricting plan
enacted under this title.
(g) Removal.--
(1) In general.--At any time, a civil action brought in a
State court which asserts a claim for which the district courts
of the United States have exclusive jurisdiction under this
title may be removed by any party in the case, including an
intervenor, by filing, in the district court for an applicable
venue under this section, a notice of removal signed pursuant
to Rule 11 of the Federal Rules of Civil Procedure containing a
short and plain statement of the grounds for removal. Consent
of parties shall not be required for removal.
(2) Claims not within the original or supplemental
jurisdiction.--If a civil action removed in accordance with
paragraph (1) contains claims not within the original or
supplemental jurisdiction of the district court, the district
court shall sever all such claims and remand them to the State
court from which the action was removed.
SEC. 307. EFFECTIVE DATE.
This title and the amendments made by such title shall apply with
respect to redistricting carried out pursuant to the decennial census
conducted during 2030 or any succeeding decennial census.
TITLE IV--GENERAL PROVISIONS
SEC. 401. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.
Nothing in this Act or in any amendment made by this Act may be
construed to affect the manner in which a State carries out elections
for State or local office, including the process by which a State
establishes the districts used in such elections.
SEC. 402. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision of this Act or an amendment made by this
Act to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and the application of the provisions to any
person or circumstance, shall not be affected by the holding.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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