[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4125 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 4125
To establish the total number of Representatives at a number that
provides that the average number of constituents represented by a
Member from any State is equal to 500,000 and to apportion
Representatives among the States accordingly, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 25, 2025
Mr. Casten introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on House
Administration, and Transportation and Infrastructure, 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 total number of Representatives at a number that
provides that the average number of constituents represented by a
Member from any State is equal to 500,000 and to apportion
Representatives among the States accordingly, 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; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Equal Voices
Act''.
(b) Findings.--Congress finds the following:
(1) Our Nation's founders intended the House of
Representatives to be the chamber closest to the American
people: ``the People's House''.
(2) The number of Representatives in Congress has been 435
since 1911 when the U.S. population was 92,228,531 (1910 U.S.
Census). The U.S. population has grown to more than three times
that size to 331,449,281 in 2020 (2020 U.S. Census) while the
size of the House has remained the same.
(3) Our electorate has changed significantly since the size
of the House last grew in 1911. Prior to the passage of the
19th Amendment in 1920, the Civil Rights Act in 1957, and the
Voting Rights Act in 1965, women and people of color faced
barriers and in some cases, legal prohibitions, to voting.
(4) When the cap on the size of the House was statutorily
set in 1929, the average Member of the House represented
approximately 280,000 people, compared to approximately 762,000
people in 2020.
(5) Based on the 2020 Census, individuals in the State with
the smallest population, Wyoming, had 1.3x more relative
representation compared to the national average district size.
(6) Each Member of the House represents far more people on
average than legislators in nearly all developed and developing
democracies, and is an outlier among other member countries of
the Organization for Economic Cooperation and Development
(OECD), with nearly 3 times the citizen to representative ratio
as Japan, the country with next largest district size.
(7) Representatives who serve fewer people are more likely
to have contact with their constituents, receive higher marks
for their constituent service, and better reflect the views of
their districts.
SEC. 2. ESTABLISHMENT OF NUMBER OF MEMBERS OF THE HOUSE OF
REPRESENTATIVES.
(a) Method for Determination of Number.--Section 22(a) of the Act
entitled ``An Act to provide for the fifteenth and subsequent decennial
census and to provide for apportionment of Representatives in
Congress'', approved June 18, 1929 (2 U.S.C. 2a(a)), is amended--
(1) by striking ``(a) On the first day'' and inserting
``(a)(1) On the first day'';
(2) by striking ``the then existing number of
Representatives'' and inserting ``the number of Representatives
determined under paragraph (2)''; and
(3) by adding at the end the following new paragraph:
``(2) The number of Representatives determined under this paragraph
is, with respect to a regular decennial census of the population of the
United States, a number equal to--
``(A) the whole number of persons in all States (as shown
in the statement under paragraph (1)); divided by
``(B) 500,000,
rounded to the nearest whole odd number.''.
(b) Conforming Amendment.--The first section and section 2 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. 2 note), are repealed.
(c) Effective Date.--The amendments made by this section shall
apply with respect to the first regular decennial census conducted
after the date of the enactment of this Act and each subsequent
decennial census.
SEC. 3. OPTIONAL USE OF MULTI-MEMBER DISTRICTS.
(a) Optional Use of Multi-Member Districts.--
(1) In general.--At its option, a State may establish a
number of districts for the election of Representatives in
Congress in the State that is less than the number of
Representatives to which the State is entitled, and may
establish that Representatives shall be elected only from
districts so established.
(2) Equal population per representative.--In establishing
the number of districts under paragraph (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.
(3) Conforming amendment.--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 section 2(b) of the Equal
Voices Act, in each State''.
(b) Effective Date.--This section and the amendments made by this
section shall apply with respect to the first regular decennial census
conducted after the date of the enactment of this Act and each
subsequent decennial census.
SEC. 4. OPTIONAL USE OF RANKED CHOICE VOTING BY STATES OPTING TO USE
MULTI-MEMBER DISTRICTS.
(a) Optional Use of Ranked Choice Voting.--At its option, a State
which establishes multi-Member districts for the election of
Representatives in Congress in the State under section 3 may carry out
such elections in the State under ranked choice voting as described in
subsection (c).
(b) Ballot Design.--
(1) In general.--Each State shall ensure that the ballot
used in an ranked choice voting election under this section
meets each of the following requirements:
(A) The ballot shall allow voters to rank
candidates in order of choice.
(B) The number of candidates whom a voter may rank
in the election, as determined under paragraph (2),
shall be uniform for all voters in the election within
the State.
(C) The ballot shall include all qualified
candidates for the election and (to the extent
permitted under State law) options for voters to select
write-in candidates.
(D) The ballot shall include such instructions as
the State considers necessary to enable the voter to
rank candidates and successfully cast the ballot under
the system.
(2) Determination of number of candidates voter may rank.--
The number of candidates a voter may rank in a ranked choice
voting election shall be determined as follows:
(A) If feasible, the ballot shall permit voters to
rank a number of candidates in the election which is
not fewer than the number of seats in the election plus
4.
(B) If the number of candidates in the election is
less than the number of ranking provided under
subparagraph (A), the ballot shall permit voters to
rank a number of candidates which is not fewer than the
number of candidates in the election, including write-
in candidates.
(C) If it is not feasible for the ballot to permit
voters to rank as many candidates as required under
subparagraph (A) or (B), the State may limit the number
of candidates who may be ranked for each election on
the ballot to a maximum feasible number established by
the State, except that such number may not be less than
5 for any election on the ballot.
(c) Tabulation.--
(1) Process for tabulation.--In a ranked choice voting
election under this section, each ballot cast in the election
shall count at its current transfer value for the highest-
ranked active candidate on the ballot. Tabulation shall proceed
as described in paragraphs (2), (3), and (4).
(2) Election of candidates during tabulation; surplus-
transfer round.--If any active candidate has a number of votes
greater than or equal to the election threshold, that candidate
shall be designated as elected, and the surplus votes shall be
transferred to other candidates as follows:
(A) Unless paragraph (4) applies, each ballot
counting for an elected candidate shall be assigned a
new transfer value by multiplying the ballot's current
transfer value by the surplus fraction for the elected
candidate, truncated after 4 decimal places.
(B) Each candidate elected under this paragraph
shall be deemed to have a number of votes equal to the
election threshold for the contest in all future
rounds, each ballot counting towards the elected
candidate shall be transferred at its new transfer
value to its next-ranked active candidate, and a new
round shall begin.
(C) If two or more candidates have a number of
votes greater than the election threshold, the
surpluses shall be distributed simultaneously in the
same round.
(3) Elimination of candidates during tabulation;
elimination round.--Unless paragraph (2) or paragraph (4)
applies, the active candidate with the fewest votes is
eliminated, each vote cast on a ballot for the eliminated
candidate shall be counted for the next-ranked active candidate
on the ballot, and a new round shall begin.
(4) Completion of tabulation.--Tabulation in the election
is complete if--
(A) the number of elected candidates is equal to
the number of seats to be filled and any remaining
votes in excess of the election threshold have been
counted for each ballot's next-ranked active candidate;
or
(B) the sum of the number of elected candidates and
the number of active candidates is less than or equal
to the number of seats to be filled at any time.
(d) Treatment of Certain Ballots.--
(1) Treatment of undervotes.--A ballot which is an
undervote shall not be counted in any round of tabulation of
ballots in an election under this section. For purposes of this
paragraph, an ``undervote'' is a ballot for which the voter
does not rank any of the candidates in the election.
(2) Treatment of inactive ballots.--
(A) In general.--A ballot which becomes an inactive
ballot shall no longer count for any candidate for the
remainder of the tabulation of ballots in an election
under this section after the ballot becomes inactive.
(B) Inactive ballot defined.--For purposes of this
paragraph, an ``inactive ballot'' is a ballot on
which--
(i) all of the ranked candidates on the
ballot have become inactive; or
(ii) the voter ranks more than one
candidate at the same ranking and all
candidates at a higher ranking have become
inactive.
(3) Treatment of skipped or repeated rankings.--
(A) In general.--A ballot which includes any
skipped or repeated ranking shall remain active and
continue to be counted for the highest-ranked active
candidate in an election under this section.
(B) Skipped and repeated rankings defined.--For
purposes of this paragraph--
(i) a ``skipped ranking'' is a ranking a
voter does not assign to any candidate while
assigning a subsequent ranking to a candidate;
and
(ii) a ``repeated ranking'' is a ranking
for which the voter has assigned the same
candidate that the voter assigned to another
ranking.
(e) Treatment of Ties Between Candidates.--
(1) Resolution by lot.--If a tie occurs between candidates
with the greatest number of votes or the fewest number of votes
at any point in the tabulation of ballots under this part and
the tabulation cannot proceed until the tie is resolved, the
tie shall be resolved by lot or by such other method as may be
provided under State law.
(2) Resolution prior to tabulation.--Prior to tabulation,
the chief election official of the State may resolve
prospective ties between candidates by lot or according to the
method provided under State law, as described in subsection
(a).
(3) Use during recount.--The result of the resolution of
any tie shall be recorded and reused for purposes of any
recount under State law.
(f) Definitions.--In this section, the following definitions apply:
(1) The term ``active candidate'' means, with respect to
any round of tabulation under this part, a candidate who has
not been elected or eliminated, and who is not a withdrawn
candidate.
(2) The term ``election threshold'' means the number of
votes sufficient for a candidate to be elected in a multi-seat
election. Such number is equal to the total votes counted for
active candidates in the first round of tabulation, divided by
the sum of one plus the number of seats to be filled, then
increased by one, disregarding any fractions.
(3) The term ``highest-ranked active candidate'' means the
active candidate assigned to a higher ranking than any other
active candidate.
(4) The term ``multi-seat election'' means any primary
election in which more than one candidate in the primary
election will advance to the general election, any special
election for more than one seat, and any general election in
which more than one Representative is elected at large or in a
multi-member district.
(5) The term ``ranking'' means the number available to be
assigned by a voter to a candidate to express the voter's
choice for that candidate, with ``1'' as the highest ranking
and each succeeding positive number as the next highest
ranking.
(6) The term ``surplus fraction'' means, with respect to an
elected candidate as described in subsection (c), the number
obtained by subtracting the election threshold from the
candidate's vote total, then dividing that number by the
candidate's vote total, truncated after four decimal places.
(7) The term ``transfer value'' means the proportion of a
vote that a ballot will contribute to its highest-ranked active
candidate. Each ballot begins with a transfer value of 1. If a
ballot contributes to the election of a candidate under
subsection (c), the transfer value shall be the new transfer
value assigned under such subsection.
(8) The term ``vote total'' means, with respect to a
candidate in a round of counting, the total transfer value of
all ballots counting for the candidate in the round.
(9) The term ``withdrawn candidate'' means a candidate who,
prior to the date of the election, files or has an authorized
designee file a signed letter of withdrawal from the election,
in accordance with such rules as the chief election official of
the State may establish.
SEC. 5. COMMISSION TO RECOMMEND NUMBER OF MEMBERS OF THE HOUSE OF
REPRESENTATIVES IN EVENT OF SIGNIFICANT POPULATION
CHANGE.
(a) Establishment.--If, with respect to a regular decennial census
of the population of the United States, the number of Representatives
determined under section 22(a) of the Act entitled ``An Act to provide
for the fifteenth and subsequent decennial census and to provide for
apportionment of Representatives in Congress'', approved June 18, 1929
(2 U.S.C. 2a(a)), as amended by section 2(a), is 15 percent greater or
lesser than the number of Representatives determined under such section
with respect to the previous regular decennial census, there shall be
established in Congress a commission to carry out the duties described
in subsection (d) with respect to the apportionment of Representatives
resulting from that census.
(b) Membership.--
(1) Appointment.--A commission established under this
section shall consist of 15 members appointed as follows:
(A) 5 members appointed by the Speaker of the House
of Representatives.
(B) 5 members appointed by the minority leader of
the House of Representatives.
(C) 2 members appointed by the majority leader of
the Senate.
(D) 2 members appointed by the minority leader of
the Senate.
(E) One member who shall serve as the Chair of the
Commission, who shall be appointed by the vote of a
majority of the other members, of whom--
(i) at least 2 shall be members appointed
by the Speaker of the House of Representatives;
(ii) at least 2 shall be members appointed
by the minority leader of the House of
Representatives;
(iii) at least one shall be one of the
members appointed by the majority leader of the
Senate; and
(iv) at least one shall be one of the
members appointed by the minority leader of the
Senate.
(2) Deadline for appointment.--The appointing authorities
under paragraph (1) shall appoint the members of the commission
not later than 30 days after the President transmits to
Congress the statement showing the number of Representatives to
which each State is entitled under section 22(a) of the Act
entitled ``An Act to provide for the fifteenth and subsequent
decennial census and to provide for apportionment of
Representatives in Congress'', approved June 18, 1929 (2 U.S.C.
2a(a)), as amended by section 2(a).
(3) Qualifications.--In appointing members of the
commission, the appointing authorities under paragraph (1)
shall prioritize the appointment of individuals who are
qualified to assess the appropriate number of Members of the
House of Representatives because of their expertise or study of
politics, government, and related fields, and their
demonstrated ability to work in a nonpartisan manner.
(4) Vacancy.--A vacancy in the commission shall be filled
in the same manner as the original appointment was made.
(5) Compensation.--Members of the commission--
(A) shall be paid the daily equivalent of the
annual rate of basic pay payable for level V of the
Executive Schedule for each day (including travel time)
during which the member is engaged in the actual
performance of duties vested in the commission; and
(B) shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57
of title 5, United States Code.
(c) Staff.--
(1) Authority to appoint staff.--The chair of the
commission may appoint, prescribe the duties and
responsibilities of, and fix the pay of such staff as the chair
considers appropriate to assist the commission in carrying out
its duties, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this paragraph may exceed the rate of
pay for a member of the commission.
(2) Experts and consultants.--Section 202(i) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 4301(i)) shall
apply with respect to the commission in the same manner as such
section applies with respect to a standing committee of the
Senate.
(d) Duties.--With respect to a regular decennial census, the
commission shall carry out the following duties:
(1) Analyzing the shifts in population among the States.
(2) Analyzing how the application of section 22(a)(2) of
the Act entitled ``An Act to provide for the fifteenth and
subsequent decennial census and to provide for apportionment of
Representatives in Congress'', approved June 18, 1929 (2 U.S.C.
2a(a)(2)), as added by section 2(a), will affect the ability of
the House of Representatives to carry out its responsibilities
in an effective manner.
(3) Recommending the optimal number of Members of the House
and the optimal apportionment of Members among the States,
taking into account--
(A) shifts in population among the States;
(B) the need to reduce disparities in the size of
congressional districts; and
(C) the need to ensure that historically under
represented populations are not disenfranchised.
(e) Powers.--
(1) Hearings and other activities.--For the purpose of
carrying out its duties, the commission may hold such hearings
and undertake such other activities as the commission
determines to be necessary to carry out its duties.
(2) Authority to use subpoenas.--The commission may require
by subpoena the attendance of such witnesses and the production
of such books, papers, and documents, as it considers
appropriate.
(3) Access to legislative branch services.--The commission
shall have access to the services of the Architect of the
Capitol, the Government Accountability Office, the
Congressional Budget Office, and the Congressional Research
Service in the same manner and under the same terms and
conditions as any standing committee of the House of
Representatives or Senate.
(f) Report.--The commission shall submit a report to Congress
containing its recommendations under subsection (d)(3) not later than 6
months after the publication of the regular decennial census of the
population of the United States.
(g) Termination.--A commission established under this section shall
terminate 30 days after submitting the report under subsection (f).
(h) Effective Date.--This section shall apply with respect to the
second regular decennial census conducted after the date of the
enactment of this Act and each subsequent decennial census.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR PROVISION OF ADDITIONAL
SPACE, FACILITIES, PERSONNEL, AND RESOURCES.
There are authorized to be appropriated to the House of
Representatives and the Architect of the Capitol for the fiscal year in
which this Act is enacted and each succeeding fiscal year such sums as
may be necessary to provide for any additional space, facilities,
personnel, and other resources for the House which may be required as
the result of the enactment of this Act.
<all>