Bill Summary
This legislation outlines the requirements and procedures for congressional redistricting, including the use of independent redistricting commissions, criteria for eligibility and selection of commission members, public notice and input, and the process for enacting a final redistricting plan. It also establishes a nonpartisan agency and Select Committee on Redistricting for each state and allows for the use of a 3-judge court in certain circumstances. The legislation also addresses the treatment of the state of Iowa, provides guidelines for the treatment of protected groups, and prohibits partisan favoritism in the redistricting process.
Possible Impacts
1) The legislation will require states to use an independent redistricting commission when conducting congressional redistricting, which will impact the selection and composition of these commissions.
2) People will be affected by the legislation through the establishment of an independent redistricting commission, which will be responsible for developing and enacting a fair and unbiased redistricting plan.
3) The legislation outlines specific criteria and processes for developing and enacting redistricting plans, including public input and considerations for diversity and demographic representation. This will impact the overall fairness and representation in future elections.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7910 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7910
To require States to carry out congressional redistricting in
accordance with a redistricting plan developed by an independent
redistricting commission, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 9, 2024
Mr. Nickel (for himself and Ms. Lofgren) 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 redistricting plan developed by an independent
redistricting commission, 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; TABLE OF
CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fair And Impartial
Redistricting for Meaningful and Accountable Political Systems Act'' or
the ``FAIR MAPS Act''.
(b) 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; 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 their number.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; finding of constitutional authority; table of
contents.
TITLE I--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING
Sec. 101. Requiring congressional redistricting to be conducted through
plan of independent State commission.
Sec. 102. Ban on mid-decade redistricting.
Sec. 103. Criteria for redistricting.
TITLE II--INDEPENDENT REDISTRICTING COMMISSIONS
Sec. 201. Independent redistricting commission.
Sec. 202. Establishment of selection pool of individuals eligible to
serve as members of commission.
Sec. 203. Public notice and input.
Sec. 204. Establishment of related entities.
Sec. 205. Report on diversity of memberships of independent
redistricting commissions.
TITLE III--ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS
Sec. 301. Enactment of plan developed by 3-judge court.
Sec. 302. Special rule for redistricting conducted under order of
Federal court.
TITLE IV--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
Sec. 401. Payments to States for carrying out redistricting.
Sec. 402. Civil enforcement.
Sec. 403. State apportionment notice defined.
Sec. 404. No effect on elections for State and local office.
Sec. 405. Effective date.
TITLE V--REQUIREMENTS FOR REDISTRICTING CARRIED OUT PURSUANT TO 2020
CENSUS
Subtitle A--Application of Certain Requirements for Redistricting
Carried Out Pursuant to 2020 Census
Sec. 501. Application of certain requirements for redistricting carried
out pursuant to 2020 Census.
Sec. 502. Triggering events.
Subtitle B--Independent Redistricting Commissions for Redistricting
Carried Out Pursuant to 2020 Census
Sec. 511. Use of independent redistricting commissions for
redistricting carried out pursuant to 2020
Census.
Sec. 512. Establishment of selection pool of individuals eligible to
serve as members of commission.
Sec. 513. Criteria for redistricting plan; public notice and input.
Sec. 514. Establishment of related entities.
Sec. 515. Report on diversity of memberships of independent
redistricting commissions.
TITLE I--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING
SEC. 101. 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 title II; 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 301.
(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 FAIR MAPS Act''.
(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 are 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. 102. BAN ON MID-DECADE REDISTRICTING.
A State that has been redistricted in accordance with this Act and
a State described in section 101(c) or section 101(d) 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 Constitution of the State, or the terms or conditions of
this Act.
SEC. 103. CRITERIA FOR REDISTRICTING.
(a) 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 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 two 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) 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.
(4) Districts shall respect communities of interest,
neighborhoods, and political subdivisions to the extent
practicable and after compliance with the requirements of
paragraphs (1) through (3). A community of interest is defined
as an area with recognized similarities of interests, including
but not limited to ethnic, racial, economic, tribal, social,
cultural, geographic or historic identities. The term
communities of interest may, in certain circumstances, include
political subdivisions such as counties, municipalities, tribal
lands and reservations, or school districts, but shall not
include common relationships with political parties or
political candidates.
(b) No Favoring or Disfavoring of Political Parties.--
(1) Prohibition.--The redistricting plan enacted by a State
shall not, when considered on a Statewide basis, be drawn with
the intent or the effect of unduly favoring or disfavoring any
political party.
(2) Determination of effect.--
(A) Totality of circumstances.--For purposes of
paragraph (1), the determination of whether a
redistricting plan has the effect of unduly favoring or
disfavoring a political party shall be based on the
totality of circumstances, including evidence regarding
the durability and severity of a plan's partisan bias.
(B) Plans deemed to have effect of unduly favoring
or disfavoring a political party.--Without limiting
other ways in which a redistricting plan may be
determined to have the effect of unduly favoring or
disfavoring a political party under the totality of
circumstances under subparagraph (A), a redistricting
plan shall be deemed to have the effect of unduly
favoring or disfavoring a political party if--
(i) modeling based on relevant historical
voting patterns shows that the plan is
statistically likely to result in a partisan
bias of more than one seat in States with 20 or
fewer congressional districts or a partisan
bias of more than 2 seats in States with more
than 20 congressional districts, as determined
using quantitative measures of partisan
fairness, which may include, but are not
limited to, the seats-to-votes curve for an
enacted plan, the efficiency gap, the
declination, partisan asymmetry, and the mean-
median difference, and
(ii) alternative plans, which may include,
but are not limited to, those generated by
redistricting algorithms, exist that could have
complied with the requirements of law and not
been in violation of paragraph (1).
(3) Determination of intent.--For purposes of paragraph
(A), a rebuttable presumption shall exist that a redistricting
plan enacted by the legislature of a State was not enacted with
the intent of unduly favoring or disfavoring a political party
if the plan was enacted with the support of at least a third of
the members of the second largest political party in each house
of the legislature.
(4) No violation based on certain criteria.--No
redistricting plan shall be found to be in violation of
paragraph (1) because of partisan bias attributable to the
application of the criteria set forth in paragraphs (1), (2),
or (3) of subsection (a), unless one or more alternative plans
could have complied with such paragraphs without having the
effect of unduly favoring or disfavoring a political party.
(c) Factors Prohibited From Consideration.--In developing the
redistricting plan for the State, the independent redistricting
commission may not take into consideration any of the following
factors, except to the extent necessary to comply with the criteria
described in paragraphs (1) through (3) of subsection (a), subsection
(b), and to enable the redistricting plan to be measured against the
external metrics described in section 203(d):
(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.
(d) Applicability.--This section applies to any authority, whether
appointed, elected, judicial, or otherwise, that designs or enacts a
congressional redistricting plan of a State.
(e) Severability of Criteria.--If any of the criteria set forth in
this section, or the application of such criteria to any person or
circumstance, is held to be unconstitutional, the remaining criteria
set forth in this section, and the application of such criteria to any
person or circumstance, shall not be affected by the holding.
TITLE II--INDEPENDENT REDISTRICTING COMMISSIONS
SEC. 201. INDEPENDENT REDISTRICTING COMMISSION.
(a) Appointment of Members.--
(1) In general.--The nonpartisan agency established or
designated by a State under section 204(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 202(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 202(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 202(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
202(b)(1)(A)).
(ii) The members shall appoint 3 members
from the minority category of the approved
selection pool (as described in section
202(b)(1)(B)).
(iii) The members shall appoint 3 members
from the independent category of the approved
selection pool (as described in section
202(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 202(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
202(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 203 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 202(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 202(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 1 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 202(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
204(a) has, in accordance with section 202(b)(1),
submitted a selection pool to the Select Committee on
Redistricting for the State established under section
204(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. 202. 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 203, 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; or
(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 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 204(a) shall develop and
submit to the Select Committee on Redistricting for the State
established under section 204(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, by majority
vote--
(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 201(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, by majority vote--
(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 201(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, by majority vote--
(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 201(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 title III.
SEC. 203. PUBLIC NOTICE AND INPUT.
(a) 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
(b) and the final redistricting plan developed
under subsection (c), including the
accompanying written evaluation under
subsection (d).
(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 201(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 (c)(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.
(b) Development and Publication of Preliminary Redistricting
Plan.--
(1) In general.--Prior to developing and publishing a final
redistricting plan under subsection (c), 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 (a)(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 (a)(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 (a)(3), on the website maintained
under subsection (a)(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 (a)(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 (a)(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 (a)(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.
(c) 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 (b), 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 (e), 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 (a)(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 (b).
(C) Any dissenting or additional views with respect
to the plan of individual members of the commission.
(4) Enactment.--Subject to paragraph (5), the final
redistricting plan developed and published under this
subsection shall be deemed to be enacted into law upon the
expiration of the 45-day period which begins on the date on
which--
(A) such final 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 202(b)(1) approves such final
plan.
(5) Review by department of justice.--
(A) Requiring submission of plan for review.--The
final redistricting plan shall not be deemed to be
enacted into law unless the State submits the plan to
the Department of Justice for an administrative review
to determine if the plan is in compliance with the
criteria described in subparagraphs (B) and (C) of
section 203(a)(1).
(B) Termination of review.--The Department of
Justice shall terminate any administrative review under
subparagraph (A) if, during the 45-day period which
begins on the date the plan is enacted into law, an
action is filed in a United States district court
alleging that the plan is not in compliance with the
criteria described in subparagraphs (B) and (C) of
section 203(a)(1).
(d) 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 section 103(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.
(e) 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. 204. 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 201.
(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 202.
(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.
(5) Rule of construction.--Nothing in this subsection may
be construed to prohibit the leader of any political party in a
legislature from appointment to the Select Committee on
Redistricting.
SEC. 205. 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 title with
respect to the immediately preceding year ending in the numeral zero
meet the diversity requirements as provided for in sections
201(a)(2)(B) and 202(b)(2).
TITLE III--ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS
SEC. 301. 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
103.
(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
subtitle.
(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
203(d)).
(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
204(a) prior to the expiration of the deadline set forth in
section 204(a)(5).
(2) The failure of the State to appoint a Select Committee
on Redistricting under section 204(b) prior to the expiration
of the deadline set forth in section 204(b)(4).
(3) The failure of the Select Committee on Redistricting to
approve any selection pool under section 202 prior to the
expiration of the deadline set forth for the approval of the
second replacement selection pool in section 202(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 203(e).
SEC. 302. 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 203 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.
TITLE IV--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
SEC. 401. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING.
(a) Authorization of Payments.--Subject to subsection (d), not
later than 30 days after a State receives a State apportionment notice,
the Election Assistance Commission shall, subject to the availability
of appropriations provided pursuant to subsection (e), 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 With Single Member.--The Election
Assistance Commission shall not make a payment under this section to
any State which is not entitled to more than one Representative under
its State apportionment notice.
(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 204(a) has,
in accordance with section 202(b)(1), submitted a selection
pool to the Select Committee on Redistricting for the State
established under section 204(b).
(2) Exception for states with existing commissions.--In the
case of a State which, pursuant to section 101(c), is exempt
from the requirements of section 101(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 101(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 101(d).
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for payments under this
section.
SEC. 402. 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 subtitle.
(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) 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 301; 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 may allow a State to
develop and propose a remedial congressional
redistricting plan for consideration by the
court, and such remedial plan may be developed
by the State by adopting such appropriate
changes to the State's enacted plan as may be
ordered by the court.
(B) Special rule in case final adjudication not
expected within 3 months of election.--If final
adjudication of an action under this section is not
reasonably expected to be completed at least three
months prior to the next regularly scheduled election
for the House of Representatives in the State, the
district court shall, as the balance of equities
warrant--
(i) order development, adoption, and use of
an interim congressional redistricting plan in
accordance with section 301(e) to address any
claims under this title for which a party
seeking relief has demonstrated a substantial
likelihood of success; or
(ii) order adjustments to the timing of
primary elections for the House of
Representatives, 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.
(2) No injunctive relief permitted.--Any remedial or
replacement congressional redistricting plan ordered under this
subsection shall not be subject to temporary or preliminary
injunctive relief from any court unless the record establishes
that a writ of mandamus is warranted.
(3) 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.
(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 subtitle.
SEC. 403. STATE APPORTIONMENT NOTICE DEFINED.
In this Act, 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), of the number of Representatives to which
the State is entitled.
SEC. 404. 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. 405. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with
respect to redistricting carried out pursuant to the decennial census
conducted during 2030 or any succeeding decennial census.
TITLE V--REQUIREMENTS FOR REDISTRICTING CARRIED OUT PURSUANT TO 2020
CENSUS
Subtitle A--Application of Certain Requirements for Redistricting
Carried Out Pursuant to 2020 Census
SEC. 501. APPLICATION OF CERTAIN REQUIREMENTS FOR REDISTRICTING CARRIED
OUT PURSUANT TO 2020 CENSUS.
Notwithstanding section 405, titles I, III, and IV of this Act and
the amendments made by such titles shall apply with respect to
congressional redistricting carried out pursuant to the decennial
census conducted during 2020 in the same manner as such titles and the
amendments made by such titles apply with respect to redistricting
carried out pursuant to the decennial census conducted during 2030,
except as follows:
(1) Except as provided in subsection (c) and subsection (d)
of section 101, the redistricting shall be conducted in
accordance with--
(A) the redistricting plan developed and enacted
into law by the independent redistricting commission
established in the State in accordance with subtitle B;
or
(B) 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 301.
(2) If any of the triggering events described in section
502 occur with respect to the State, the United States district
court for the applicable venue shall develop and publish the
redistricting plan for the State, in accordance with section
301, not later than December 15, 2024.
(3) For purposes of section 401(d)(1), the Election
Assistance Commission may not make a payment to a State under
such section until the State certifies to the Commission that
the nonpartisan agency established or designated by a State
under section 514(a) has, in accordance with section 512(b)(1),
submitted a selection pool to the Select Committee on
Redistricting for the State established under section 514(b).
SEC. 502. TRIGGERING EVENTS.
For purposes of the redistricting carried out pursuant to the
decennial census conducted during 2020, the triggering events described
in this section are as follows:
(1) The failure of the State to establish or designate a
nonpartisan agency under section 514(a) prior to the expiration
of the deadline under section 514(a)(6).
(2) The failure of the State to appoint a Select Committee
on Redistricting under section 514(b) prior to the expiration
of the deadline under section 514(b)(4).
(3) The failure of the Select Committee on Redistricting to
approve a selection pool under section 512(b) prior to the
expiration of the deadline under section 512(b)(7).
(4) The failure of the independent redistricting commission
of the State to approve a final redistricting plan for the
State under section 513 prior to the expiration of the deadline
under section 513(e).
Subtitle B--Independent Redistricting Commissions for Redistricting
Carried Out Pursuant to 2020 Census
SEC. 511. USE OF INDEPENDENT REDISTRICTING COMMISSIONS FOR
REDISTRICTING CARRIED OUT PURSUANT TO 2020 CENSUS.
(a) Appointment of Members.--
(1) In general.--The nonpartisan agency established or
designated by a State under section 514(a) shall establish an
independent redistricting commission under this title for the
State, which shall consist of 15 members appointed by the
agency as follows:
(A) Not later than August 5, 2024, 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 512(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 512(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 512(b)(1)(C)).
(B) Not later than August 15, 2024, 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
512(b)(1)(A)).
(ii) The members shall appoint 3 members
from the minority category of the approved
selection pool (as described in section
512(b)(1)(B)).
(iii) The members shall appoint 3 members
from the independent category of the approved
selection pool (as described in section
512(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) 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),
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) 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 512(a).
(b) Procedures for Conducting Commission Business.--
(1) Requiring majority approval for actions.--The
independent redistricting commission of a State under this
title 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 512(b)(1).
(2) 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 under this
title 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 512(b)(1).
(3) 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.
(d) 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. 512. 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 under this
title 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 514, 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; or
(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 such covered
period as the State may establish with respect
to any of the subparagraphs of paragraph (2),
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 such paragraph.
(2) Disqualifications.--An individual is not eligible to
serve as a member of the commission if any of the following
applies with respect to such covered period as the State may
establish:
(A) The individual or an immediate family member of
the individual holds public office or is a candidate
for election for public office.
(B) The individual or 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 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 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 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 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) 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 July 15, 2024, the
nonpartisan agency established or designated by a State under
section 514(a) shall develop and submit to the Select Committee
on Redistricting for the State established under section 514(b)
a selection pool of 36 individuals who are eligible to serve as
members of the independent redistricting commission of the
State under this title, 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) 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)(C), including by considering additional
information provided by other persons with knowledge of the
individual's history of political activity.
(4) 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.
(5) 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 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).
(6) Public comment on selection pool.--During the 14-day
period which begins on the date the nonpartisan agency
publishes the report under paragraph (5), the agency shall
accept comments from the public on the individuals included in
the selection pool. The agency shall transmit all such comments
to the Select Committee on Redistricting immediately upon the
expiration of such period.
(7) Action by select committee.--
(A) In general.--Not later than August 1, 2024, 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 511(a)(1); or
(ii) reject the pool, in which case the
redistricting plan for the State shall be
developed and enacted in accordance with title
III.
(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.
SEC. 513. CRITERIA FOR REDISTRICTING PLAN; PUBLIC NOTICE AND INPUT.
(a) Public Notice and Input.--
(1) Use of open and transparent process.--The independent
redistricting commission of a State under this title 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) 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 until 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 (c)(2).
(3) 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.
(4) Multiple language requirements for all notices.--The
commission shall make each notice which is required to be
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.
(b) Development and Publication of Preliminary Redistricting
Plan.--
(1) In general.--Prior to developing and publishing a final
redistricting plan under subsection (c), the independent
redistricting commission of a State under this title shall
develop and publish a preliminary redistricting plan.
(2) Minimum public hearings and opportunity for comment
prior to development.--
(A) 2 hearings required.--Prior to developing a
preliminary redistricting plan under this subsection,
the commission shall hold not fewer than 2 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) Notice prior to hearings.--The commission shall
provide for the publication of notices of each hearing
held under this paragraph, including 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.
(3) Publication of preliminary plan.--The commission shall
provide for the publication of the preliminary redistricting
plan developed under this subsection, including in newspapers
of general circulation throughout the State, and shall make
publicly available a report that includes the commission's
responses to any public comments received under this
subsection.
(4) Public comment after publication.--The commission shall
accept and consider comments from the public with respect to
the preliminary redistricting plan published under paragraph
(3), including proposed revisions to maps, until 14 days before
the date of the meeting under subsection (c)(2) at which the
members of the commission shall vote on approving the final
redistricting plan for enactment into law.
(5) Post-publication hearings.--
(A) 2 hearings required.--After publishing the
preliminary redistricting plan under paragraph (3), and
not later than 14 days before the date of the meeting
under subsection (c)(2) at which the members of the
commission shall vote on approving the final
redistricting plan for enactment into law, the
commission shall hold not fewer than 2 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) Notice prior to hearings.--The commission shall
provide for the publication of notices of each hearing
held under this paragraph, including 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.
(c) 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 (b), the independent
redistricting commission of a State under this title shall
develop and publish a final redistricting plan for the State.
(2) Meeting; final vote.--Not later than the deadline
specified in subsection (e), 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 make the following
information to the public, including 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 (b).
(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 upon the expiration of the 45-day period which begins
on the date on which--
(A) such final 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 512(b)(1) approves such final
plan.
(d) Written Evaluation of Plan Against External Metrics.--The
independent redistricting commission of a State under this title 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 section 103(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.
(e) Deadline.--The independent redistricting commission of a State
under this title shall approve a final redistricting plan for the State
not later than November 15, 2024.
SEC. 514. 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 under this title in accordance with section 511.
(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) 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.
(4) Termination of agency specifically established for
redistricting.--If a State does not designate an existing
agency under paragraph (3) 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.
(5) 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.
(6) Deadline.--The State shall meet the requirements of
this subsection not later than June 1, 2024.
(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 this title under section 512.
(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 June 15, 2024.
(5) Rule of construction.--Nothing in this subsection may
be construed to prohibit the leader of any political party in a
legislature from appointment to the Select Committee on
Redistricting.
SEC. 515. REPORT ON DIVERSITY OF MEMBERSHIPS OF INDEPENDENT
REDISTRICTING COMMISSIONS.
Not later than November 15, 2024, 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 title with respect to the immediately preceding
year ending in the numeral zero meet the diversity requirements as
provided for in sections 511(a)(2)(B) and 512(b)(2).
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