[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7095 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7095
To require States to carry out congressional redistricting in
accordance with a process under which members of the public are
informed of redistricting proposals and have the opportunity to
participate in the development of such proposals prior to their
adoption, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2024
Ms. Ross (for herself, Mr. Nickel, Ms. Manning, Mr. Jackson of North
Carolina, Mrs. Foushee, Ms. Adams, and Mr. Davis of North Carolina)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To require States to carry out congressional redistricting in
accordance with a process under which members of the public are
informed of redistricting proposals and have the opportunity to
participate in the development of such proposals prior to their
adoption, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY.
(a) Short Title.--This Act may be cited as the ``Redistricting
Transparency and Accountability Act of 2024''.
(b) Finding.--Congress finds that it has the authority to require
States to follow certain procedures in carrying out congressional
redistricting after an apportionment of Members of the House of
Representatives because--
(1) the authority granted to Congress under article I,
section 4 of the Constitution of the United States gives
Congress the power to enact laws governing the time, place, and
manner of elections for Members of the House of
Representatives; and
(2) the authority granted to Congress under section 5 of
the fourteenth amendment to the Constitution gives Congress the
power to enact laws to enforce section 2 of such amendment,
which requires Representatives to be apportioned among the
several States according to the number of whole persons in each
State.
SEC. 2. REQUIRING REDISTRICTING TO BE CONDUCTED UNDER PROCEDURES
PROVIDING OPPORTUNITY FOR PUBLIC PARTICIPATION.
(a) Requirement.--
(1) In general.--Notwithstanding any other provision of
law, any congressional redistricting conducted by a State shall
be conducted in accordance with a process under which the
entity responsible for developing congressional redistricting
plans in the State (hereafter in this Act referred to as the
``State redistricting entity'')--
(A) in accordance with section 3, establishes and
operates an internet site;
(B) in accordance with section 4, provides
opportunities for participation by members of the
public in the initial development of such plans; and
(C) in accordance with section 5, notifies members
of the public regarding the proposed final
congressional redistricting plan and provides
opportunities for members of the public to respond to
the plan.
(2) Treatment of subordinate entities.--Except as otherwise
provided in this Act, the requirements of this Act shall apply
with respect to any entity which is subordinate to the entity
responsible for the final adoption of a congressional
redistricting plan under State law, including any commission,
board, committee, or subcommittee responsible under State law
for performing certain functions on behalf of such entity in
conjunction with the development and adoption of the plan for
the State, in the same manner as such requirements apply with
respect to the State redistricting entity.
(3) Other procedures permitted.--Nothing in this Act or the
amendments made by this Act may be construed to prohibit a
State from conducting congressional redistricting in accordance
with such procedures as the State considers appropriate, to the
extent that such procedures are consistent with the applicable
requirements of this Act and the amendments made by this Act.
(4) No effect on redistricting for state or local
elections.--Nothing in this Act or the amendments made by this
Act may be construed to affect any procedures a State or a unit
of local government in a State may use to conduct redistricting
with respect to elections for State or local offices.
(b) Conforming Amendment.--Section 22(c) of the Act entitled ``An
Act to provide for the fifteenth and subsequent decennial censuses and
to provide for an apportionment of Representatives in Congress'',
approved June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking ``in
the manner provided by the law thereof'' and inserting: ``in a manner
consistent with the requirements of the Redistricting Transparency and
Accountability Act of 2024''.
SEC. 3. PUBLIC INTERNET SITE FOR STATE REDISTRICTING ENTITY.
(a) Establishment and Operation of Site.--Each State redistricting
entity shall establish and maintain a public internet site which meets
the following minimum requirements:
(1) The site provides general information about the
congressional redistricting process, including information on--
(A) applicable legal requirements; and
(B) any redistricting principles or policies that
the State redistricting entity will use in creating or
evaluating congressional redistricting plans.
(2) The site is updated continuously to provide timely
advance notice of meetings held by the entity and to otherwise
provide information on the activities of the entity and any
subordinate entity described in section 2(a)(2).
(3) The site provides access to all congressional
redistricting plans or district maps submitted by any person or
entity as part of the redistricting process.
(4) The site provides members of the public with no-cost
access to easily assessable digital files containing the block
equivalency, shapefiles, and demographic and election data
needed for analysis, evaluation, or creation of proposed
redistricting plans, including assessment of a plan's partisan
performance and compliance with the Voting Rights Act of 1965
and other applicable legal requirements.
(5) The site permits any individual to submit, view, and
search comments on proposed redistricting plans, and to submit
questions, comments, and other information with respect to the
entity's activities.
(6) The site permits members of the public to watch, in
both live and archival formats, and review transcripts of, any
public hearings or meetings of the State redistricting entity.
(7) The site includes any other information the entity is
required to make public under this Act or other applicable law.
(b) Deadline for Posting of Comments Submitted by Public.--The
State redistricting entity shall ensure that any oral or written
comment relating to Congressional redistricting in the State which is
submitted by a member of the public to the State redistricting agency,
including a comment on any plan proposed by the entity or any other
person, is made available on the site not later than 72 hours after
submission.
(c) Updating of Information.--The State redistricting entity shall
take all actions necessary to ensure that the site established under
this section is updated continuously to provide timely advance notice
of the entity's meetings and to otherwise provide timely information on
the entity's activities.
(d) Multiple Language Requirements.--All of the information which
is described in paragraphs (1), (2), and (6) of subsection (a) this
section shall be posted and published 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).
(e) Deadline; Preservation of Information.--
(1) Deadline.--The State redistricting entity shall
establish the internet site required under this section not
later than August 1 of the year in which the regular decennial
census is conducted.
(2) Preservation of information.--All information on the
internet site established under this section with respect to a
congressional redistricting plan shall be preserved in an
accessible format for a period of not less than 10 years
following adoption of the plan.
SEC. 4. PUBLIC HEARINGS AND OTHER OPPORTUNITIES FOR PUBLIC
PARTICIPATION IN INITIAL DEVELOPMENT OF CONGRESSIONAL
REDISTRICTING PLANS.
(a) Requirements for Public Hearings.--
(1) In general.--To ensure that development of the State's
congressional redistricting plan is informed by public input,
the State redistricting entity shall hold hearings before and
after the development of any proposed congressional
redistricting plans. Such hearings--
(A) shall be held in different regions of the
State, with an option for participants to participate
virtually, and shall be streamed live on the public
internet site maintained by the State redistricting
entity under section 3; and
(B) shall 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,
including--
(i) comments on the criteria the entity
will use to develop the plans;
(ii) the content of the plans; and
(iii) any other issues relating to
congressional redistricting in the State.
(2) Development and adoption of schedule.--
(A) Initial proposed schedule.--Prior to conducting
hearings under this section, the State redistricting
entity shall develop and publish a proposed schedule of
hearings that it determines are sufficient in number to
ensure that persons in all parts of the State,
including members of racial, ethnic, and language
minorities protected under the Voting Rights Act of
1965, have a meaningful opportunity to provide input
and comments regarding the contents of redistricting
plans for the State, except that the number of hearings
under the proposed schedule may not be fewer than
three.
(B) Public response to proposed schedule.--
Following publication of the proposed schedule of
hearings under subparagraph (A), members of the public
shall have a period of not less than ten days to
comment on the number of proposed hearings, their
dates, times, and locations, and the processes by which
the State redistricting entity proposes to provide
notice of such hearings and ensure that the hearings
are equally open to all members of the communities
where the hearings are to take place.
(C) Publication of final schedule; opportunities
for additional hearings.--After giving due
consideration to any comments received under
subparagraph (B), the State redistricting entity shall
publish a final schedule of hearings under this
section, except that nothing in this paragraph may be
construed to prohibit the entity from holdings
additional hearings under this section if the entity
determines that additional hearings are necessary to
enable the entity to obtain the information it needs to
obtain sufficient public input on proposed
redistricting plans.
(b) Other Opportunities for Public Participation.--Beginning on the
date the State receives the notice of the number of Representatives to
which the State is entitled in the following Congress 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),
and continuing for not fewer than 60 days thereafter, the State
redistricting entity shall solicit the input of members of the public
in its work to develop proposed congressional redistricting plans for
the State by carrying out the following activities:
(1) Posting on the internet site established under section
3 the criteria which the entity will use to develop the
congressional redistricting plan for the State.
(2) Posting on the internet site established under section
3 a link to a video recording of each such hearing not later
than 24 hours after the conclusion of the hearing and posting
on the site a searchable version of the transcript of each such
hearing not later than 5 days after the conclusion of the
hearing.
(3) Engaging in outreach to provide information to and
encourage participation in the redistricting process by
communities with limited access to the internet or who may be
difficult to reach through English-language media.
SEC. 5. NOTIFICATION OF CONGRESSIONAL REDISTRICTING PLAN PROPOSED TO BE
ADOPTED BY REDISTRICTING ENTITY; OPPORTUNITIES FOR PUBLIC
TO RESPOND.
(a) Notice of Proposed Final Plan.--Not later than 10 days prior to
holding a final vote on the adoption of a final congressional
redistricting plan for the State, the State redistricting entity shall
post information about the plan on the internet site established under
section 3, including at a minimum the following:
(1) An analysis of the proposed final plan, including--
(A) a map showing each congressional district
established under the plan, together with easily
accessible digital files containing the block
equivalency and shapefiles for each such district;
(B) a statement of the total population, the voting
age population, and citizen population of each such
district, broken down by race and membership in a
language minority group ; and
(C) a statement of the number of registered voters
in each such district, broken down by political party
affiliation to the extent that such information is
available under State law;
(D) a statement of the results in each such
district for all statewide elections conducted in the
State in the 6 years preceding the year in which the
most recent decennial census was conducted;
(E) an analysis of the plan's compliance with
applicable laws, including the Voting Rights Act of
1965;
(F) an assessment of the partisan fairness of the
plan under one or more standard quantitative measures
of partisan bias;
(G) a statement identifying all individuals and
entities responsible for the drafting of, or who were
consulted in conjunction with drafting of, the plan;
and
(H) a statement describing any changes made to the
plan in response to input from members of the public.
(2) A statement explaining the entity's reasons for
adopting the proposed final plan and the reasons why the
adoption of the plan, as opposed to the adoption of alternative
plans, will best serve the public interest, together with an
assessment of how the plan is consistent with the policies
described in section 3(a)(1).
(3) Any dissenting statement of any member of the entity
who did not approve the proposed final plan.
(4) A statement that members of the public may submit
comments regarding the proposed final plan through the internet
site, together with information on how members of the public
may submit such comments to the entity through other methods.
(b) Public Hearing Prior to Adoption of Final Plan.--
(1) Mandatory public hearing.--Not later than 7 days prior
to holding a final vote on the adoption of the final
congressional redistricting plan for the State, the State
redistricting entity shall hold hearings in accordance with the
requirements of section 4 at which members of the public may
provide comments on the plan.
(2) Video and transcripts of hearings.--The entity shall
post a link to a video recording of each such hearing on the
internet site established under section 3 immediately following
the conclusion of the hearing, and shall publish and post on
such website a searchable version of a transcript of the
hearing not later than 48 hours after the conclusion of the
hearing.
(c) Treatment of Amended and New Plans.--If the State redistricting
entity posts an amended version of the proposed final congressional
redistricting plan or posts a new proposed final congressional
redistricting plan, subsections (a) and (b) shall apply with respect to
the amended version of the plan or the new plan in the same manner as
such subsections apply with respect to the proposed final plan which is
first posted under subsection (a).
(d) Application to Subordinate Entities Holding Votes on
Recommending Adoption of Plan.--If a subordinate entity of a State
redistricting entity described in section 2(a)(2), including a
committee or subcommittee of the State redistricting entity, is
directed under State law to hold a vote on recommending the adoption of
a final congressional redistricting plan to the State redistricting
entity, subsections (a) and (b) shall apply with respect to the
subordinate entity and the vote held by the subordinate entity on
recommending the adoption of the plan in the same manner as such
subsections apply to the State redistricting entity and the final vote
held on the adoption of the final plan by the State redistricting
entity.
SEC. 6. EFFECTIVE DATE; APPLICATION TO REDISTRICTING CONDUCTED PURSUANT
TO 2020 CENSUS FOR CERTAIN STATES.
(a) Effective Date.--This Act and the amendments made by this Act
shall apply with respect to any congressional redistricting which
occurs after the regular decennial census conducted during 2030.
(b) Application to Redistricting Conducted Pursuant to 2020 Census
for States Without Enacted Congressional Redistricting Plans.--If a
State is ordered by a court to revise its congressional redistricting
plan for conducting redistricting pursuant to the regular decennial
census conducted during 2020, and the State has not enacted such a
final congressional redistricting plan as of the date of the enactment
of this Act, this Act and the amendments made by this Act shall apply
with respect to congressional redistricting in the State which is
conducted pursuant to the regular decennial census conducted during
2020, except that--
(1) the State shall establish the Internet site described
in section 3 as soon as practicable after the date of the
enactment of this Act; and
(2) the State redistricting entity shall begin to solicit
the input of members of the public under section 4(b) not later
than 30 days after the court issues the order to the State or
such earlier deadline as the court may require under the order.
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