[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5335 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 5335
To reform congressional redistricting.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 21, 2022
Ms. Klobuchar introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reform congressional redistricting.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Redistricting Reform Act of 2022''.
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 because--
(1) the authority granted to Congress under article I,
section 4 of the Constitution of the United States gives
Congress the power to enact laws governing the time, place, and
manner of elections for Members of the House of
Representatives;
(2) the authority granted to Congress under section 5 of
the 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;
(3) 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 1 of such amendment, including
protections against excessive partisan gerrymandering that
Federal courts have not enforced because they understand such
enforcement to be committed to Congress by the Constitution;
(4) of the authority granted to Congress to enforce article
IV, section 4, of the Constitution, and the guarantee of a
Republican Form of Government to every State, which Federal
courts have not enforced because they understand such
enforcement to be committed to Congress by the Constitution;
(5) requiring States to use uniform redistricting criteria
is an appropriate and important exercise of such authority; and
(6) partisan gerrymandering dilutes citizens' votes because
partisan gerrymandering injures voters and political parties by
infringing on their 1st Amendment right to associate freely and
their 14th Amendment right to equal protection of the laws.
SEC. 3. BAN ON MID-DECADE REDISTRICTING.
A State that has been redistricted in accordance with this Act may
not be redistricted again until after the next apportionment of
Representatives under section 22(a) of the Act entitled ``An Act to
provide for the fifteenth and subsequent decennial censuses and to
provide for an apportionment of Representatives in Congress'', approved
June 18, 1929 (2 U.S.C. 2a), unless a court requires the State to
conduct such subsequent redistricting to comply with the Constitution
of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.), the terms or conditions of this Act, or applicable State law.
SEC. 4. CRITERIA FOR REDISTRICTING.
(a) Requiring Plans To Meet Criteria.--A State may not use a
congressional redistricting plan which is not in compliance with this
section.
(b) Ranked Criteria.--Under the redistricting plan of a State,
there shall be established single-member congressional districts using
the following criteria as set forth in the following order of priority:
(1) Districts shall comply with the United States
Constitution, including the requirement that they substantially
equalize total population.
(2) Districts shall comply with the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.), including by creating any
districts where, if based upon the totality of the
circumstances, 2 or more politically cohesive groups protected
by such Act are able to elect representatives of choice in
coalition with one another, and all applicable Federal laws.
(3)(A) Districts shall be drawn, to the extent that the
totality of the circumstances warrant, to ensure the practical
ability of a group protected under the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.) to participate in the political
process and to nominate candidates and to elect representatives
of choice is not diluted or diminished, regardless of whether
or not such protected group constitutes a majority of a
district's citizen voting age population.
(B) For purposes of subparagraph (A), the assessment of
whether a protected group has the practical ability to nominate
candidates and to elect representatives of choice shall require
the consideration of the following factors:
(i) Whether the group is politically cohesive.
(ii) Whether there is racially polarized voting in
the relevant geographic region.
(iii) If there is racially polarized voting in the
relevant geographic region, whether the preferred
candidates of the group nevertheless receive a
sufficient amount of consistent crossover support from
other voters such that the group is a functional
majority with the ability to both nominate candidates
and elect representatives of choice.
(4)(A) Districts shall be drawn to respect communities of
interest and neighborhoods to the extent practicable after
compliance with the requirements of paragraphs (1) through (3).
A community of interest is defined as an area for which the
record before the entity responsible for developing and
adopting the redistricting plan demonstrates the existence of
broadly shared interests and representational needs, including
shared interests and representational needs rooted in common
ethnic, racial, economic, Indian, social, cultural, geographic,
or historic identities, or arising from similar socioeconomic
conditions. The term communities of interest may, if the record
warrants, include political subdivisions such as counties,
municipalities, Indian lands, or school districts, but shall
not include common relationships with political parties or
political candidates.
(B) For purposes of subparagraph (A), in considering the
needs of multiple, overlapping communities of interest, the
entity responsible for developing and adopting the
redistricting plan shall give greater weight to those
communities of interest whose representational needs would most
benefit from the community's inclusion in a single
congressional district.
(c) No Favoring or Disfavoring of Political Parties.--
(1) Prohibition.--A State may not use a redistricting plan
to conduct an election if the plan's congressional districts,
considered cumulatively on a statewide basis, have been drawn
with the intent, or have the effect, of materially favoring or
disfavoring any political party.
(2) Determination of effect.--The determination of whether
a redistricting plan has the effect of materially favoring or
disfavoring a political party shall be based on an evaluation
of the totality of circumstances which, at a minimum, shall
involve consideration of each of the following factors:
(A) Computer modeling based on relevant statewide
general elections for Federal office held over the 8
years preceding the adoption of the redistricting plan
setting forth the probable electoral outcomes for the
plan under a range of reasonably foreseeable
conditions.
(B) An analysis of whether the redistricting plan
is statistically likely to result in partisan advantage
or disadvantage on a statewide basis, the degree of any
such advantage or disadvantage, and whether such
advantage or disadvantage is likely to be present under
a range of reasonably foreseeable electoral conditions.
(C) A comparison of the modeled electoral outcomes
for the redistricting plan to the modeled electoral
outcomes for alternative plans that demonstrably comply
with the requirements of paragraphs (1), (2), and (3)
of subsection (b) in order to determine whether
reasonable alternatives exist that would result in
materially lower levels of partisan advantage or
disadvantage on a statewide basis. For purposes of this
subparagraph, alternative plans considered may include
both actual plans proposed during the redistricting
process and other plans prepared for purposes of
comparison.
(D) Any other relevant information, including how
broad support for the redistricting plan was among
members of the entity responsible for developing and
adopting the plan and whether the processes leading to
the development and adoption of the plan were
transparent and equally open to all members of the
entity and to the public.
(3) Rebuttable presumption.--
(A) Trigger.--In any civil action brought under
section 7 in which a party asserts a claim that a State
has enacted a redistricting plan which is in violation
of this subsection, a party may file a motion not later
than 30 days after the enactment of the plan (or, in
the case of a plan enacted before the effective date of
this Act, not later than 30 days after the effective
date of this Act) requesting that the court determine
whether a presumption of such a violation exists. If
such a motion is timely filed, the court shall hold a
hearing not later than 15 days after the date the
motion is filed to assess whether a presumption of such
a violation exists.
(B) Assessment.--To make the determination required
under subparagraph (A), the court shall do the
following:
(i) Determine the number of congressional
districts under the plan that would have been
carried by each political party's candidates
for the office of President and the office of
Senator in the 2 most recent general elections
for the office of President and the 2 most
recent general elections for the office of
Senator (other than special general elections)
immediately preceding the enactment of the
plan, except that if a State conducts a primary
election for the office of Senator which is
open to candidates of all political parties,
the primary election shall be used instead of
the general election and the number of
districts carried by a party's candidates for
the office of Senator shall be determined on
the basis of the combined vote share of all
candidates in the election who are affiliated
with such party.
(ii) Determine, for each of the 4 elections
assessed under clause (i), whether the number
of districts that would have been carried by
any party's candidate as determined under
clause (i) results in partisan advantage or
disadvantage in excess of the applicable
threshold described in subparagraph (C). The
degree of partisan advantage or disadvantage
shall be determined by one or more standard
quantitative measures of partisan fairness
that--
(I) use a party's share of the
statewide vote to calculate a
corresponding benchmark share of seats;
and
(II) measure the amount by which
the share of seats the party's
candidate would have won in the
election involved exceeds the benchmark
share of seats.
(C) Applicable threshold described.--The applicable
threshold described in this subparagraph is, with
respect to a State and a number of seats, the greater
of--
(i) an amount equal to 7 percent of the
number of congressional districts in the State;
or
(ii) one congressional district.
(D) Description of quantitative measures;
prohibiting rounding.--In carrying out this
subsection--
(i) the standard quantitative measures of
partisan fairness used by the court may include
the simplified efficiency gap but may not
include strict proportionality; and
(ii) the court may not round any number.
(E) Presumption of violation.--A plan is presumed
to violate paragraph (1) if it exceeds the threshold
described in subparagraph (C) with respect to 2 or more
of the 4 elections assessed under subparagraph (B).
(F) Stay of use of plan.--Notwithstanding any other
provision of this Act, in any action under this
paragraph, the following rules shall apply:
(i) Upon filing of a motion under
subparagraph (A), a State's use of the plan
which is the subject of the motion shall be
automatically stayed pending resolution of such
motion.
(ii) If after considering the motion, the
court rules that the plan is presumed under
subparagraph (E) to violate paragraph (1), a
State may not use such plan until and unless
the court which is carrying out the
determination of the effect of the plan under
paragraph (2) determines that, notwithstanding
the presumptive violation, the plan does not
violate paragraph (1).
(G) No effect on other assessments.--The absence of
a presumption of a violation with respect to a
redistricting plan as determined under this paragraph
shall not affect the determination of the effect of the
plan under paragraph (2).
(4) Determination of intent.--A court may rely on all
available evidence when determining whether a redistricting
plan was drawn with the intent to materially favor or disfavor
a political party, including evidence of the partisan effects
of a plan, the degree of support the plan received from members
of the entity responsible for developing and adopting the plan,
and whether the processes leading to development and adoption
of the plan were transparent and equally open to all members of
the entity and to the public.
(5) No violation based on certain criteria.--No
redistricting plan shall be found to be in violation of
paragraph (1) because of the proper application of the criteria
set forth in paragraph (1), (2), or (3) of subsection (b),
unless one or more alternative plans could have complied with
such paragraphs without having the effect of materially
favoring or disfavoring a political party.
(d) Factors Prohibited From Consideration.--In developing the
redistricting plan for the State, the State may not take into
consideration any of the following factors, except as necessary to
comply with the criteria described in paragraphs (1) through (3) of
subsection (b), to achieve partisan fairness and comply with subsection
(c), and to enable the redistricting plan to be measured against the
external metrics described in section 5(c):
(1) The residence of any Member of the House of
Representatives or candidate.
(2) The political party affiliation or voting history of
the population of a district.
(e) Additional Criteria.--A State may not rely upon criteria not
set forth in this section to justify non-compliance with the
requirements of this section.
(f) Applicability.--
(1) In general.--This section applies to any authority,
whether appointed, elected, judicial, or otherwise, responsible
for enacting the congressional redistricting plan of a State.
(2) Date of enactment.--This section applies to any
congressional redistricting plan that would be, or is, in
effect after the date of enactment of this Act, regardless of
the date of enactment by the State of the congressional
redistricting plan.
(g) Severability of Criteria.--If any of the criteria set forth in
this section or any amendment made by this section, or the application
of such criteria to any person, circumstance, or amendment, is held to
be unconstitutional, the remaining criteria set forth in this section,
and the application of such criteria to any person, circumstance, or
amendment, shall not be affected by the holding.
SEC. 5. DEVELOPMENT OF PLAN.
(a) Public Notice and Input.--
(1) Use of open and transparent process.--The entity
responsible for developing and adopting the congressional
redistricting plan of a State shall solicit and take into
consideration comments from the public throughout the process
of developing the plan, and shall carry out its duties in an
open and transparent manner which provides for the widest
public dissemination reasonably possible of its proposed and
final redistricting plans.
(2) Website.--
(A) Features.--The entity shall maintain a public
internet site which is not affiliated with or
maintained by the office of any elected official and
which includes the following features:
(i) All proposed redistricting plans and
the final redistricting plan, including the
accompanying written evaluation under
subsection (c).
(ii) All comments received from the public
submitted under paragraph (1).
(iii) Access in an easily usable format to
the demographic and other data used by the
entity to develop and analyze the proposed
redistricting plans, together with any reports
analyzing and evaluating such plans and access
to software that members of the public may use
to draw maps of proposed districts.
(iv) A method by which members of the
public may submit comments directly to the
entity.
(B) Searchable format.--The entity shall ensure
that all information posted and maintained on the site
under this paragraph, including information and
proposed maps submitted by the public, shall be
maintained in an easily searchable format.
(3) Multiple language requirements for all notices.--The
entity responsible for developing and adopting the plan shall
make each notice which is required to be posted and published
under this section available in any language in which the State
(or any jurisdiction in the State) is required to provide
election materials under section 203 of the Voting Rights Act
of 1965 (52 U.S.C. 10503).
(b) Development of Plan.--
(1) Hearings.--The entity responsible for developing and
adopting the congressional redistricting plan shall hold
hearings both before and after releasing proposed plans in
order to solicit public input on the content of such plans.
These hearings shall--
(A) be held in different regions of the State and
streamed live on the public internet site maintained
under subsection (a)(2);
(B) be sufficient in number, scheduled at times and
places, and noticed and conducted in a manner to ensure
that all members of the public, including members of
racial, ethnic, and language minorities protected under
the Voting Rights Act of 1965, have a meaningful
opportunity to attend and provide input both before and
after the entity releases proposed plans.
(2) Posting of maps.--The entity responsible for developing
and adopting the congressional redistricting plan shall make
proposed plans, amendments to proposed plans, and the data
needed to analyze such plans for compliance with the criteria
of this Act available for public review, including on the
public internet site required under subsection (a)(2), for a
period of not less than 5 days before any vote or hearing is
held on any such plan or any amendment to such a plan.
(c) Written Evaluation of Plan Against External Metrics.--The
entity responsible for developing and adopting the congressional
redistricting plan for a State shall include with each redistricting
plan voted upon by such entity, or a committee of such entity, and
published under this section a written evaluation that measures each
such plan against external metrics which cover the criteria set forth
in section 4(b), including the impact of the plan on the ability of
members of a class of citizens protected by the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.) to elect candidates of choice, the
degree to which the plan preserves or divides communities of interest,
and any analysis used by the State to assess compliance with the
requirements of section 4(b) and (c).
(d) Public Input and Comments.--The entity responsible for
developing and adopting the congressional redistricting plan for a
State shall make all public comments received about potential plans,
including alternative plans, available to the public on the internet
site required under subsection (a)(2), at no cost, not later than 24
hours prior to holding a vote on final adoption of a plan.
SEC. 6. FAILURE BY STATE TO ENACT PLAN.
(a) Deadline for Enactment of Plan.--
(1) In general.--Except as provided in paragraph (2), each
State shall enact a final congressional redistricting plan
following transmission of a notice of apportionment to the
President by the earliest of--
(A) the deadline set forth in State law, including
any extension to the deadline provided in accordance
with State law;
(B) February 15 of the year in which regularly
scheduled general elections for Federal office are held
in the State; or
(C) 90 days before the date of the next regularly
scheduled primary election for Federal office held in
the State.
(2) Special rule for plans enacted prior to effective date
of this act.--If a State enacted a final congressional
redistricting plan prior to the effective date of this Act and
the plan is not in compliance with the requirements of this
Act, the State shall enact a final redistricting plan which is
in compliance with the requirements of this Act not later than
45 days after the effective date of this Act.
(b) Development of Plan by Court in Case of Missed Deadline.--If a
State has not enacted a final congressional redistricting plan by the
applicable deadline under subsection (a), or it appears likely that a
State will fail to enact a final congressional redistricting plan by
such deadline--
(1) any citizen of the State may file an action in the
United States district court for the applicable venue asking
the district court to assume jurisdiction;
(2) the United States district court for the applicable
venue, acting through a 3-judge court convened pursuant to
section 2284 of title 28, United States Code, shall have the
exclusive authority to develop and publish the congressional
redistricting plan for the State; and
(3) the final congressional redistricting plan developed
and published by the court under this section shall be deemed
to be enacted on the date on which the court publishes the
final congressional redistricting plan, as described in
subsection (e).
(c) Applicable Venue.--For purposes of this section, the
``applicable venue'' with respect to a State is the District of
Columbia or the judicial district in which the capital of the State is
located, as selected by the first party to file with the court
sufficient evidence that a State has failed to, or is reasonably likely
to fail to, enact a final redistricting plan for the State prior to the
expiration of the applicable deadline set forth in subsection (a).
(d) Procedures for Development of Plan.--
(1) Criteria.--In developing a redistricting plan for a
State under this section, the court shall adhere to the same
terms and conditions that applied (or that would have applied,
as the case may be) to the development of a plan by the State
under section 4.
(2) Access to information and records.--The court shall
have access to any information, data, software, or other
records and material that was used (or that would have been
used, as the case may be) by the State in carrying out its
duties under this 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.
(e) Publication of Plan.--
(1) Public availability of initial plan.--Upon completing
the development of one or more initial redistricting plans, the
court shall make the plans available to the public at no cost,
and shall also make available the underlying data used to
develop the plans and a written evaluation of the plans against
external metrics (as described in section 5(c)).
(2) Publication of final plan.--At any time after the
expiration of the 14-day period which begins on the date the
court makes the plans available to the public under paragraph
(1), and taking into consideration any submissions and comments
by the public which are received during such period, the court
shall develop and publish the final redistricting plan for the
State.
(f) Use of Interim Plan.--In the event that the court is not able
to develop and publish a final redistricting plan for the State with
sufficient time for an upcoming election to proceed, the court may
develop and publish an interim redistricting plan which shall serve as
the redistricting plan for the State until the court develops and
publishes a final plan in accordance with this section. Nothing in this
subsection may be construed to limit or otherwise affect the authority
or discretion of the court to develop and publish the final
redistricting plan, including the discretion to make any changes the
court deems necessary to an interim redistricting plan.
(g) Appeals.--Review on appeal of any final or interim plan adopted
by the court in accordance with this section shall be governed by the
appellate process in section 7.
(h) Stay of State Proceedings.--The filing of an action under this
section shall act as a stay of any proceedings in State court with
respect to the State's congressional redistricting plan unless
otherwise ordered by the court.
SEC. 7. CIVIL ENFORCEMENT.
(a) Civil Enforcement.--
(1) Actions by attorney general.--The Attorney General may
bring a civil action for such relief as may be appropriate to
carry out this Act.
(2) Availability of private right of action.--
(A) In general.--Any citizen of a State who is
aggrieved by the failure of the State to meet the
requirements of the Constitution or Federal law,
including this Act, with respect to the State's
congressional redistricting, may bring a civil action
in the United States district court for the applicable
venue for such relief as may be appropriate to remedy
the failure.
(B) Special rule for claims relating to partisan
advantage.--For purposes of subparagraph (A), a person
who is aggrieved by the failure of a State to meet the
requirements of section 4(c) may include--
(i) any political party or committee in the
State; and
(ii) any registered voter in the State who
resides in a congressional district that the
voter alleges was drawn in a manner that
contributes to a violation of such section.
(C) No awarding of damages to prevailing party.--
Except for an award of attorney's fees under subsection
(d), a court in a civil action under this section shall
not award the prevailing party any monetary damages,
compensatory, punitive, or otherwise.
(3) Delivery of complaint to house and senate.--In any
action brought under this section, a copy of the complaint
shall be delivered promptly to the Clerk of the House of
Representatives and the Secretary of the Senate.
(4) Exclusive jurisdiction and applicable venue.--
(A) In general.--The district courts of the United
States shall have exclusive jurisdiction to hear and
determine claims asserting that a congressional
redistricting plan violates the requirements of the
Constitution or Federal law, including this Act.
(B) Applicable venue.--The applicable venue for
such an action shall be the United States District
Court for the District of Columbia or for the judicial
district in which the capital of the State is located,
as selected by the person bringing the action.
(C) Special rule.--In a civil action that includes
a claim that a redistricting plan is in violation of
subsection (b) or (c) of section 4 the United States
District Court for the District of Columbia shall have
jurisdiction over any defendant who has been served in
any United States judicial district in which the
defendant resides, is found, or has an agent, or in the
United States judicial district in which the capital of
the State is located.
(D) Process.--Process may be served in any United
States judicial district where a defendant resides, is
found, or has an agent, or in the United States
judicial district in which the capital of the State is
located.
(5) Use of 3-judge court.--If an action under this section
raises statewide claims under the Constitution or this Act, the
action shall be heard by a 3-judge court convened pursuant to
section 2284 of title 28, United States Code.
(6) Review of final decision.--A final decision in an
action brought under this section shall be reviewable on appeal
by the United States Court of Appeals for the District of
Columbia Circuit. There shall be no right of appeal in such
proceedings to any other court of appeals. Such appeal shall be
taken by the filing of a notice of appeal within 10 days of the
entry of the final decision. A final decision by the Court of
Appeals may be reviewed by the Supreme Court of the United
States by writ of certiorari.
(b) Expedited Consideration.--In any action brought under this
section, it shall be the duty of the district court, the United States
Court of Appeals for the District of Columbia Circuit, and the Supreme
Court of the United States (if it chooses to hear the action) to
advance on the docket and to expedite to the greatest possible extent
the disposition of the action and appeal.
(c) Remedies.--
(1) Adoption of replacement plan.--
(A) In general.--If the district court in an action
under this section finds that the congressional
redistricting plan of a State violates, in whole or in
part, the requirements of this Act--
(i) the court shall adopt a replacement
congressional redistricting plan for the State
in accordance with the process set forth in
section 6; or
(ii) if circumstances warrant and no delay
to an upcoming regularly scheduled election for
the House of Representatives in the State would
result, the district court, in its discretion,
may allow a State to develop and propose a
remedial congressional redistricting plan for
review by the court to determine whether the
plan is in compliance with this Act, except
that--
(I) the State may not develop and
propose a remedial plan under this
clause if the court determines that the
congressional redistricting plan of the
State was enacted with discriminatory
intent in violation of the Constitution
or section 4(b); and
(II) nothing in this clause may be
construed to permit a State to use such
a remedial plan which has not been
approved by the court.
(B) Prohibiting use of plans in violation of
requirements.--No court shall order a State to use a
congressional redistricting plan which violates, in
whole or in part, the requirements of this Act, or to
conduct an election under terms and conditions which
violate, in whole or in part, the requirements of this
Act.
(C) Special rule in case final adjudication not
expected within 3 months of election.--
(i) Duty of court.--If final adjudication
of an action under this section is not
reasonably expected to be completed at least 3
months prior to the next regularly scheduled
primary election for the House of
Representatives in the State, the district
court shall, as the balance of equities
warrant--
(I) develop, adopt, and order the
use of an interim congressional
redistricting plan in accordance with
section 6(f) to address any claims
under this Act for which a party
seeking relief has demonstrated a
substantial likelihood of success; or
(II) order adjustments to the
timing of primary elections for the
House of Representatives and other
related deadlines, as needed, to allow
sufficient opportunity for adjudication
of the matter and adoption of a
remedial or replacement plan for use in
the next regularly scheduled general
elections for the House of
Representatives.
(ii) Prohibiting failure to act on grounds
of pendency of election.--The court may not
refuse to take any action described in clause
(i) on the grounds of the pendency of the next
election held in the State or the potential for
disruption, confusion, or additional burdens
with respect to the administration of the
election in the State.
(2) No stay pending appeal.--Notwithstanding the appeal of
an order finding that a congressional redistricting plan of a
State violates, in whole or in part, the requirements of this
Act, no stay shall issue which shall bar the development or
adoption of a replacement or remedial plan under this
subsection, as may be directed by the district court, pending
such appeal. If such a replacement or remedial plan has been
adopted, no appellate court may stay or otherwise enjoin the
use of such plan during the pendency of an appeal, except upon
an order holding, based on the record, that adoption of such
plan was an abuse of discretion.
(3) Special authority of court of appeals.--
(A) Ordering of new remedial plan.--If, upon
consideration of an appeal under this Act, the Court of
Appeals determines that a plan does not comply with the
requirements of this Act, it shall direct that the
District Court promptly develop a new remedial plan
with assistance of a special master for consideration
by the Court of Appeals.
(B) Failure of district court to take timely
action.--If, at any point during the pendency of an
action under this section, the District Court fails to
take action necessary to permit resolution of the case
prior to the next regularly scheduled election for the
House of Representatives in the State or fails to grant
the relief described in paragraph (1)(C), any party may
seek a writ of mandamus from the Court of Appeals for
the District of Columbia Circuit. The Court of Appeals
shall have jurisdiction over the motion for a writ of
mandamus and shall establish an expedited briefing and
hearing schedule for resolution of the motion. If the
Court of Appeals determines that a writ should be
granted, the Court of Appeals shall take any action
necessary, including developing a congressional
redistricting plan with assistance of a special master
to ensure that a remedial plan is adopted in time for
use in the next regularly scheduled election for the
House of Representatives in the State.
(4) Effect of enactment of replacement plan.--A State's
enactment of a redistricting plan which replaces a plan which
is the subject of an action under this section shall not be
construed to limit or otherwise affect the authority of the
court to adjudicate or grant relief with respect to any claims
or issues not addressed by the replacement plan, including
claims that the plan which is the subject of the action was
enacted, in whole or in part, with discriminatory intent, or
claims to consider whether relief should be granted under
section 3(c) of the Voting Rights Act of 1965 (52 U.S.C.
10302(c)) based on the plan which is the subject of the action.
(d) Attorney's Fees.--In a civil action under this section, the
court may allow the prevailing party (other than the United States)
reasonable attorney fees, including litigation expenses, and costs.
(e) Relation to Other Laws.--
(1) Rights and remedies additional to other rights and
remedies.--The rights and remedies established by this section
are in addition to all other rights and remedies provided by
law, and neither the rights and remedies established by this
section nor any other provision of this Act shall supersede,
restrict, or limit the application of the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.).
(2) Voting rights act of 1965.--Nothing in this Act
authorizes or requires conduct that is prohibited by the Voting
Rights Act of 1965 (52 U.S.C. 10301 et seq.).
(f) Legislative Privilege.--No person, legislature, or State may
claim legislative privilege under either State or Federal law in a
civil action brought under this section or in any other legal
challenge, under either State or Federal law, to a redistricting plan
enacted under this Act.
(g) Removal.--
(1) In general.--At any time, a civil action brought in a
State court which asserts a claim for which the district courts
of the United States have exclusive jurisdiction under this Act
may be removed by any party in the case, including an
intervenor, by filing, in the district court for an applicable
venue under this section, a notice of removal signed pursuant
to Rule 11 of the Federal Rules of Civil Procedure containing a
short and plain statement of the grounds for removal. Consent
of parties shall not be required for removal.
(2) Claims not within the original or supplemental
jurisdiction.--If a civil action removed in accordance with
paragraph (1) contains claims not within the original or
supplemental jurisdiction of the district court, the district
court shall sever all such claims and remand them to the State
court from which the action was removed.
SEC. 8. 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. 9. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply on the
date of enactment of this Act.
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