[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4000 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 4000
To establish the use of ranked choice voting in elections for
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 through
independent commissions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2019
Mr. Beyer (for himself, Mr. Raskin, Mr. McGovern, Mr. Khanna, Mr.
Cooper, 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
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 through
independent commissions, 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
Representatives.
``Subtitle C--Ranked Choice Voting
``Part 1--Requiring Ranked Choice Voting for Election of
Representatives
``Sec. 321. Requiring ranked choice voting for election of
Representatives.
``Sec. 322. Application to District of Columbia and
territories.
``Sec. 323. Treatment of States not holding primary elections
prior to date of general election.
``Part 2--Tabulation Process
``Sec. 331. Tabulation for single-seat congressional elections.
``Sec. 332. Tabulation for multi-seat congressional elections.
``Sec. 333. Exclusion of inactive ballots.
``Sec. 334. Batch elimination.
``Sec. 335. Treatment of ties between candidates.
``Sec. 336. Continuing candidate defined.
``Part 3--Payments to States To Implement Ranked Choice Voting
``Sec. 341. Payments to States to implement ranked choice
voting.
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. Requiring certain States to elect all Representatives at
large.
Sec. 203. Establishing minimum number of candidates in general
election.
Sec. 204. Conforming amendments.
Sec. 205. Exception for States in which use of multi-member districts
will result in diminishment of voting
rights.
Sec. 206. Effective date.
TITLE III--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING
Subtitle A--General Requirements
Sec. 301. Requiring congressional redistricting to be conducted through
plan of independent State commission.
Sec. 302. Limit on congressional redistricting after an apportionment.
Subtitle B--Independent Redistricting Commissions
Sec. 311. Independent redistricting commission.
Sec. 312. Establishment of selection pool of individuals eligible to
serve as members of commission.
Sec. 313. Criteria for redistricting plan by independent commission;
public notice and input.
Sec. 314. Establishment of related entities.
Sec. 315. Report on diversity of memberships of independent
redistricting commissions.
Subtitle C--Role of Courts in Development of Redistricting Plans
Sec. 321. Enactment of plan developed by 3-judge court.
Sec. 322. Special rule for redistricting conducted under order of
Federal court.
Subtitle D--Administrative and Miscellaneous Provisions
Sec. 331. Payments to States for carrying out redistricting.
Sec. 332. Civil enforcement.
Sec. 333. State apportionment notice defined.
TITLE IV--GENERAL PROVISIONS
Sec. 401. No effect on elections for State and local office.
Sec. 402. Severability.
Sec. 403. Effective date.
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 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.
TITLE I--RANKED CHOICE VOTING
SEC. 101. REQUIRING RANKED CHOICE VOTING FOR ELECTION OF
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
REPRESENTATIVES
``SEC. 321. REQUIRING RANKED CHOICE VOTING FOR ELECTION OF
REPRESENTATIVES.
``(a) Ranked Choice Voting.--Each State shall carry out elections
for the office of Representative in Congress using a system of ranked
choice voting under which each voter shall rank the candidates for the
office in the order of the voter's preference, in accordance with the
following:
``(1) In any single-seat election, the State shall carry
out the election using single-seat ranked choice voting as
described in section 331.
``(2) In any multi-seat election, the State shall carry out
the election using multi-seat ranked choice voting as described
in section 332.
``(b) Ballot Design.--Each State shall ensure that the ballot used
in an election carried out using a system of ranked choice voting under
this title meets each of the following requirements:
``(1) The ballot shall be simple and easy to understand.
``(2) 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. If feasible,
the ballot shall permit voters to rank every candidate in the
election. If it is not feasible for the ballot to permit voters
to rank every candidate, the State may limit the number of
candidates who may be ranked on the ballot to not fewer than
six.
``(3) 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.
``(c) Definition.--In this title--
``(1) 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, and any general election in which only one
Representative is elected at large; and
``(2) 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.
``SEC. 322. 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.
``SEC. 323. TREATMENT OF STATES NOT HOLDING PRIMARY ELECTIONS PRIOR TO
DATE OF GENERAL ELECTION.
``Nothing in this title shall be construed to require a State to
hold a primary election for the office of 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.
``PART 2--TABULATION PROCESS
``SEC. 331. TABULATION FOR SINGLE-SEAT CONGRESSIONAL ELECTIONS.
``(a) In General.--
``(1) Determination of candidate's number of votes.--In the
case of a single-seat election, the number of votes received by
a candidate in either the initial tabulation or in an
additional round of tabulation shall be equal to the number of
ballots on which that candidate is the highest ranked
continuing candidate.
``(2) Criteria for election.--In the case of a single-seat
election, a candidate shall be elected to the office of
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) if--
``(A) in the initial tabulation of ballots, the
candidate receives a number of votes greater than 50
percent of the number of ballots cast in the election;
or
``(B) if the election official carries out an
additional round of tabulation under subsection (b),
the candidate receives the greatest number of votes of
the 2 remaining continuing candidates (as described in
such subsection).
``(b) Process in Case No Candidate Elected Under Initial
Tabulation.--
``(1) Additional rounds of tabulation.--If, under the
initial tabulation of ballots, no candidate is elected to
office (or, in the case of a primary election, no candidate
advances to the general election for such office) under the
criteria described in subsection (a)(2)(A), the election
official shall carry out additional rounds of tabulation in
accordance with paragraph (2) until only two continuing
candidates remain.
``(2) Treatment of ballots in additional rounds.--In each
additional round of tabulation carried out under this
subsection--
``(A) the candidate receiving the fewest number of
votes among all candidates (or, in the case of a State
which applies batch elimination under section 334, each
candidate in the batch elimination group) shall be
treated as a defeated candidate;
``(B) for each ballot cast for a defeated
candidate, the election official shall determine the
highest-ranked candidate on the ballot who is a
continuing candidate; and
``(C) the vote cast on the ballot shall be
transferred to, and added to the total number of votes
received by, the highest-ranked continuing candidate
determined under subparagraph (B).
``SEC. 332. TABULATION FOR MULTI-SEAT CONGRESSIONAL ELECTIONS.
``(a) In General.--
``(1) Votes counted in rounds.--In the case of a multi-seat
election, the votes shall be counted in a series of rounds of
tabulation until the number of winning candidates equals the
required number of winning candidates with respect to the
election, as described in paragraph (4).
``(2) Criteria for election.--In the case of a multi-seat
election, a candidate shall be considered a winning candidate
and shall be elected to one of the offices of Representative in
the congressional district (or, in the case of a primary
election, shall advance to the general election for such
offices as provided under the law of State involved) if--
``(A) in any round, the candidate has a vote total
that exceeds the multi-seat election threshold, as
determined under this section; or
``(B) the candidate is a continuing candidate and
the number of remaining continuing candidates plus the
number of candidates already designated as winning
candidates is equal to or less than the required number
of winning candidates with respect to the election.
``(3) Determination of multi-seat election threshold.--The
multi-seat election threshold with respect to an election shall
be equal to the total number of valid votes cast in the
election divided by the sum of the number one and the required
number of winning candidates with respect to the election,
rounded up to four decimal places.
``(4) Tabulation process.--In the case of a multi-seat
election, the votes shall be counted in a series of rounds,
beginning with the initial round, under which each candidate
has a number of votes equal to the number of votes cast in the
election in which the candidate was the highest-ranked
candidate, and proceeding as follows:
``(A) If, following any round of counting, the
number of winning and continuing candidates combined is
greater than the required number of winning candidates
with respect to the election, and at least one
candidate has a vote total that exceeds the multi-seat
election threshold, as determined under this section,
then the following round shall be a surplus tabulation
round.
``(B) If, following any round of counting, the
number of winning and continuing candidates combined is
greater than the required number of winning candidates
with respect to the election, and no candidate has a
vote total that exceeds the multi-seat election
threshold, as determined under this section, then the
following round shall be a candidate elimination round.
``(C) If, following any round of counting, the
number of winning and continuing candidates combined is
equal to or less than the required number of winning
candidates with respect to the election, then the
remaining continuing candidates shall be designated as
winning candidates, and the tabulation is complete.
``(5) Tabulation rounds described.--
``(A) Surplus tabulation round.--In this section, a
`surplus tabulation round' is a tabulation round under
which each candidate with a vote total greater than the
multi-seat election threshold is designated as a
winning candidate and the surplus votes for such
candidate are transferred to other candidates, as
described in subsection (b)(2).
``(B) Candidate elimination round.--In this
section, a `candidate elimination round' is a
tabulation round under which the candidate with the
fewest votes is designated as defeated and votes for
that candidate are transferred to other candidates, as
described in subsection (b)(3).
``(b) Process for Transferring Votes.--
``(1) Surplus tabulation rounds.--In a surplus tabulation
round, each candidate with a vote total that exceeds the multi-
seat election threshold shall be designated as a winning
candidate, and the election official shall transfer the surplus
votes for each such candidate to other candidates as follows:
``(A) The official shall determine the surplus
fraction for each candidate designated as a winning
candidate at the beginning of the round by taking the
difference between the candidate's vote total at the
beginning of the round and the multi-seat election
threshold, and dividing that difference by the
candidate's vote total at the beginning of the round.
``(B) The official shall reweight each vote
counting for each candidate designated as a winning
candidate at the beginning of the round by multiplying
the vote's current weight (equal to one if the vote has
not been reweighted in any prior surplus tabulation
round) by the surplus fraction determined with respect
to the candidate under subparagraph (A), rounding down
to four decimal places.
``(C) The official shall transfer each vote
counting for each candidate designated as a winning
candidate at the beginning of the round to the highest
ranked continuing candidate on the ballot on which the
vote was cast, counting the vote as a fraction of a
vote equal to its new weight as determined under
subparagraph (B).
``(D) For all subsequent surplus tabulation rounds,
the official shall set the vote total of each candidate
designated as a winning candidate at the beginning of
the round to be equal to the multi-seat election
threshold.
``(2) Candidate elimination rounds.--In a candidate
elimination round, the candidate with the fewest votes (or, in
the case of a State which applies batch elimination under
section 334, each candidate in the batch elimination group)
shall be designated as defeated, and the election official
shall transfer the votes for such candidate to other candidates
as follows:
``(A) The official shall transfer each vote
counting for the candidate designated as defeated at
the beginning of the round to the highest ranked
continuing candidate on the ballot on which the vote
was cast, except that if the vote was counted as a
fraction of a vote due to being reweighted in a prior
surplus transfer round, it shall continue to count as
the same fraction of a vote in the subsequent candidate
elimination round.
``(B) For all subsequent candidate elimination
rounds, the official shall set the vote total of each
candidate designated as defeated at the beginning of
the round to zero votes.
``SEC. 333. EXCLUSION OF INACTIVE BALLOTS.
``(a) Initial Tabulation.--In the initial tabulation of ballots
under section 331 or the initial round of tabulation under section 332,
if a vote is cast on an inactive ballot, no vote on the ballot shall be
counted for any candidate.
``(b) Additional Rounds of Tabulation.--
``(1) Single-seat elections.--In any additional round of
tabulation conducted with respect to a single-seat election
under section 331(b), if a vote cast for a defeated candidate
is cast on an inactive ballot, no vote on the ballot may be
transferred to a continuing candidate under section 331(b).
``(2) Multi-seat elections.--In any additional round of
tabulation conducted with respect to a multi-seat election
under section 332(b)--
``(A) if a vote cast for the winning candidate is
cast on an inactive ballot, no portion of the surplus
vote on such ballot may be transferred to a continuing
candidate under any surplus vote tabulation round
described in paragraph (2) of section 332(b); and
``(B) if a vote cast for a defeated candidate is
cast on an inactive ballot, the vote may not be
transferred to any continuing candidate under any
candidate elimination round described in paragraph (3)
of section 332(b).
``(c) Inactive Ballot Defined.--In this subsection, the term
`inactive ballot' means--
``(1) a ballot on which the voter does not rank any of the
continuing candidates in order of preference;
``(2) a ballot on which the voter ranked more than one
continuing candidate at the highest order of preference; or
``(3) a ballot on which the voter skips two or more
consecutive numerical rankings prior to the ranking for the
continuing candidate at the highest order of preference.
``SEC. 334. BATCH ELIMINATION.
``At the option of the State, with respect to any candidate
elimination round carried out under this subsection, a State may use
batch elimination to treat multiple candidates as defeated candidates
for purposes of section 331(b)(2) and section 332(b)(2). A continuing
candidate is in the elimination batch if the number of winning and
continuing candidates with more votes than that candidate is greater
than the number of winning candidates required with respect to the
election, and it is mathematically impossible for that candidate to be
a winning candidate in the election for any of the following reasons:
``(1) The candidate's vote total in the initial tabulation
of ballots plus all of the votes that could possibly be
transferred to the candidate in the additional rounds of
tabulation would not be enough to equal or surpass the
continuing candidate with the next highest vote total in the
initial tabulation of ballots.
``(2) The candidate has a lower current vote total than a
continuing candidate who is described by paragraph (1).
``SEC. 335. TREATMENT OF TIES BETWEEN CANDIDATES.
``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 in accordance with State law.
``SEC. 336. CONTINUING CANDIDATE DEFINED.
``In this part, the term `continuing candidate' means, with respect
to any round of tabulation under this part, a candidate who is neither
a winning candidate nor a candidate who is treated as a defeated
candidate under such subsection during the tabulation of ballots under
that round of tabulation.
``PART 3--PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING
``SEC. 341. PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING.
``(a) Payments.--Not later than June 1, 2021, the Commission shall
make a payment to the State in an amount equal to--
``(1) in the case of the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, Guam, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, $1,500,000; or
``(2) in the case of any other State, the sum of $1,000,000
and the product of--
``(A) the number of Representatives to which the
State is entitled under the reapportionment of
Representatives resulting from the regular decennial
census conducted during 2020; and
``(B) $500,000.
``(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.''.
(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
Representatives
``Sec. 321. Requiring ranked choice voting for election of
Representatives.
``Sec. 322. Application to District of Columbia and
territories.
``Sec. 323. Treatment of States not holding primary elections
prior to date of general election.
``Part 2--Tabulation Process
``Sec. 331. Tabulation for single-seat congressional elections.
``Sec. 332. Tabulation for multi-seat congressional elections.
``Sec. 333. Exclusion of inactive ballots.
``Sec. 334. Batch elimination.
``Sec. 335. Treatment of ties between candidates.
``Sec. 336. Continuing candidate defined.
``Part 3--Payments to States To Implement Ranked Choice Voting
``Sec. 341. Payments to States to implement ranked choice
voting.
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 elections held pursuant to the reapportionment of
Representatives resulting from the regular decennial census conducted
during 2020 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.--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. REQUIRING CERTAIN STATES TO ELECT ALL REPRESENTATIVES 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.
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 number of
Representatives who will be elected from the district involved.
(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, so
long as the number is not less than two.
(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. EXCEPTION FOR STATES IN WHICH USE OF MULTI-MEMBER DISTRICTS
WILL RESULT IN DIMINISHMENT OF VOTING RIGHTS.
(a) Exception.--If the written evaluation of any of the
redistricting plans of the independent redistricting commission of a
State under subtitle B of title III with respect to the apportionment
of Representatives resulting from a decennial census, as developed and
published under section 313(e), 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) the independent redistricting commission shall (in
accordance with subtitle B of title III) develop and publish a
redistricting plan for the State for purposes of title III
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 to carry out congressional
redistricting in the State through the use of independent redistricting
commissions as set forth in title III.
SEC. 206. EFFECTIVE DATE.
This title and the amendments made by this title shall apply with
respect to the One Hundred Eighteenth Congress and each subsequent
Congress.
TITLE III--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING
Subtitle A--General Requirements
SEC. 301. 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 subtitle B; 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 321.
(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 2019''.
(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 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. 302. LIMIT ON CONGRESSIONAL REDISTRICTING AFTER AN APPORTIONMENT.
A State which has been redistricted in the manner provided by law
after an apportionment 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), may not be redistricted again until after
the next apportionment of Representatives under such section, unless a
court requires the State to conduct such subsequent redistricting to
comply with the Constitution, to enforce the Voting Rights Act of 1965
(52 U.S.C. 10301 et seq.), to comply with this Act, or to comply with
any other applicable Federal law.
Subtitle B--Independent Redistricting Commissions
SEC. 311. INDEPENDENT REDISTRICTING COMMISSION.
(a) Appointment of Members.--
(1) In general.--The nonpartisan agency established or
designated by a State under section 314(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 312(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 312(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 312(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
312(b)(1)(A)).
(ii) The members shall appoint 3 members
from the minority category of the approved
selection pool (as described in section
312(b)(1)(B)).
(iii) The members shall appoint 3 members
from the independent category of the approved
selection pool (as described in section
312(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 312(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
312(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 313 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 312(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 312(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 one 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 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 312(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
314(a) has, in accordance with section 312(b)(1),
submitted a selection pool to the Select Committee on
Redistricting for the State established under section
314(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. 312. 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 313, 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 or (in the case of the covered
periods described in subparagraphs (A) and (B) of
paragraph (3)) an immediate family member of 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 314(a) shall develop and
submit to the Select Committee on Redistricting for the State
established under section 314(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)(D), 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 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--
(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 311(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--
(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 311(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--
(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 311(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 subtitle C.
SEC. 313. CRITERIA FOR REDISTRICTING PLAN BY INDEPENDENT COMMISSION;
PUBLIC NOTICE AND INPUT.
(a) Development of Redistricting Plan.--
(1) Criteria.--In addition to the criteria set forth in
section 311(b), the independent redistricting commission of a
State shall develop a redistricting plan for the State in
accordance with the following criteria, prioritized according
to the following order:
(A) Districts shall comply with the United States
Constitution, including the requirement that they
equalize total population per Representative elected.
(B) Districts shall be established in a manner
consistent with the Voting Rights Act of 1965 (52
U.S.C. 10301 et seq.) and all applicable Federal laws.
(C) Districts shall provide racial, ethnic, and
language minorities with an equal opportunity to
participate in the political process and to elect
candidates of choice and shall not dilute or diminish
their ability to elect candidates of choice whether
alone or in coalition with others.
(D) To the extent practicable, districts shall
reflect the diversity of political opinion in the State
such that no district in the State--
(i) 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;
(ii) 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
(iii) 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.
(E) To the greatest extent practicable the State
shall minimize the number of districts electing 4
Representatives.
(F) To the greatest extent practicable the State
shall maximize the number of districts electing 5
Representatives.
(G) To the extent practicable, districts shall
minimize the division of any community of interest,
municipality, county, or neighborhood. In this
subparagraph, the term ``community of interest'' means
an area with recognized similarities of interests,
including but not limited to ethnic, economic, social,
cultural, geographic, or historic identities. Such term
may, in circumstances, include political subdivisions
such as counties, municipalities, or school districts,
but shall not include common relationships with
political parties, officeholders, or political
candidates.
(2) No favoring or disfavoring of political parties.--The
redistricting plan developed by the independent redistricting
commission shall not, when considered on a statewide basis,
unduly favor or disfavor any political party.
(3) Prohibiting consideration of residence of member or
other candidate.--In developing the redistricting plan for the
State, the independent redistricting commission may not take
into consideration the residence of any Member of the House of
Representatives or candidate.
(b) 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
(c) and the final redistricting plan developed
under subsection (d), including the
accompanying written evaluation under
subsection (e).
(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 311(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 (d)(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.
(c) Development and Publication of Preliminary Redistricting
Plan.--
(1) In general.--Prior to developing and publishing a final
redistricting plan under subsection (d), 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 in on the website
maintained under subsection (b)(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 (b)(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 (b)(3), on the website maintained
under subsection (b)(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 (b)(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 (b)(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 in on the website
maintained under subsection (b)(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.
(d) 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 (c), 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 (h), 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 (b)(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 (c).
(C) Any dissenting or additional views with respect
to the plan of individual members of the commission.
(4) Enactment.--The final redistricting plan developed and
published under this subsection shall be deemed to be enacted
into law if--
(A) the 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 312(b)(1) approves the plan.
(e) 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 paragraph (1) of subsection (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.
(f) 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. 314. 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 311.
(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 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 312.
(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.
(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.
SEC. 315. 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 subtitle
with respect to the immediately preceding year ending in the numeral
zero meet the diversity requirements as provided for in sections
311(a)(2)(B) and 312(b)(2).
Subtitle C--Role of Courts in Development of Redistricting Plans
SEC. 321. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE COURT.
(a) Development of Plan.--If any of the triggering events described
in subsection (f) occur with respect to a State--
(1) not later than December 15 of the year in which the
triggering event occurs, 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
develop and publish the congressional redistricting plan for
the State; and
(2) the final 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 plan, as described in
subsection (d).
(b) Applicable Venue Described.--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 of the occurrence of a triggering event described
in subsection (f).
(c) 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
independent redistricting commission of the State under section
313(a).
(2) Access to information and records of commission.--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 independent redistricting
commission of the State in carrying out its duties under this
Act.
(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.
(d) 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 by the
Court to develop the plans and a written evaluation of the
plans against external metrics (as described in section
313(e)).
(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.
(e) 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 but not limited to the discretion to make
any changes the Court deems necessary to an interim redistricting plan.
(f) Triggering Events Described.--The ``triggering events''
described in this subsection are as follows:
(1) The failure of the State to establish or designate a
nonpartisan agency of the State legislature under section
314(a) prior to the expiration of the deadline set forth in
section 314(a)(5).
(2) The failure of the State to appoint a Select Committee
on Redistricting under section 314(b) prior to the expiration
of the deadline set forth in section 314(b)(4).
(3) The failure of the Select Committee on Redistricting to
approve any selection pool under section 312 prior to the
expiration of the deadline set forth for the approval of the
second replacement selection pool in section 312(d)(2).
(4) The failure of the independent redistricting commission
of the State to approve a final redistricting plan for the
State prior to the expiration of the deadline set forth in
section 313(f).
SEC. 322. 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 313 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.
Subtitle D--Administrative and Miscellaneous Provisions
SEC. 331. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING.
(a) Authorization of Payments.--Subject to subsections (c) and (d),
not later than 30 days after a State receives a State apportionment
notice, the Election Assistance Commission shall 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 Electing Members at Large.--The Election
Assistance Commission shall not make a payment under this section to
any State which, under the apportionment notice, will elect all of its
Representatives at large.
(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 314(a) has,
in accordance with section 312(b)(1), submitted a selection
pool to the Select Committee on Redistricting for the State
established under section 314(b).
(2) Exception for states with existing commissions.--In the
case of a State which, pursuant to section 301(c), is exempt
from the requirements of section 301(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 301(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 301(d).
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for payments under this
section.
SEC. 332. CIVIL ENFORCEMENT.
(a) Civil Enforcement.--
(1) Actions by attorney general.--The Attorney General may
bring a civil action in an appropriate district court for such
relief as may be appropriate to carry out this Act.
(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 this Act 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. For
purposes of this section, the ``applicable venue'' is the
District of Columbia or the judicial district in which the
capital of the State is located, as selected by the person who
brings the civil action.
(b) Expedited Consideration.--In any action brought forth under
this section, the following rules shall apply:
(1) The action shall be filed in the district court of the
United States 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.
(2) The action shall be heard by a 3-judge court convened
pursuant to section 2284 of title 28, United States Code.
(3) The 3-judge court shall consolidate actions brought for
relief under subsection (b)(1) with respect to the same State
redistricting plan.
(4) A copy of the complaint shall be delivered promptly to
the Clerk of the House of Representatives and the Secretary of
the Senate.
(5) A final decision in the action shall be reviewable only
by appeal directly to the Supreme Court of the United States.
Such appeal shall be taken by the filing of a notice of appeal
within 10 days, and the filing of a jurisdictional statement
within 30 days, of the entry of the final decision.
(6) It shall be the duty of the district court and the
Supreme Court of the United States to advance on the docket and
to expedite to the greatest possible extent the disposition of
the action and appeal.
(c) 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.
(d) 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.).
SEC. 333. STATE APPORTIONMENT NOTICE DEFINED.
In this title, 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(b)), of the number of
Representatives to which the State is entitled.
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.
SEC. 403. EFFECTIVE DATE.
(a) Redistricting.--Title III and the amendments made by such title
shall apply with respect to redistricting carried out pursuant to the
decennial census conducted during 2020 or any succeeding decennial
census.
(b) Ranked Choice Voting; Use of Multi-Member Districts.--Titles I
and II and the amendments made by such titles shall apply with respect
to elections for Federal office held in 2022 and each succeeding year.
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