To provide that a State may use a proportional voting system for multiseat congressional districts, to require the use of instant runoff voting in certain elections for Federal office, and for other purposes.

Summary: Voter Choice Act of 2005 - Authorizes a state entitled to more than one Representative in Congress to establish a number of districts for election of Representatives that is less than the number of Representatives to which the state is entitled, as long as the Representatives are elected: (1) under a system meeting the constitutional standard of majority rule and of individuals having equal voting power; (2) the system ensures the election of any candidate in a multiseat district who receives a share of votes cast that is at least one vote greater than one-third of the total number of votes cast in the district; and (3) the number of residents per Representative is equal for all Representatives elected in the state.

Requires each state to conduct general elections for federal office held in the state during 2008 and each succeeding year using an instant runoff voting system, and ensure that the voting equipment and technology used to conduct the elections is compatible with such a system.

Establishes a program under which the Election Assistance Commission shall make grants to eligible states to defray the costs of administering an instant runoff voting system or a proportional voting system.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voter Choice Act of 2005''.

   TITLE I--PERMITTING USE OF MULTISEAT DISTRICTS FOR HOUSE ELECTIONS

SEC. 101. MULTISEAT DISTRICTS PERMITTED FOR ELECTION OF REPRESENTATIVES 
              FOR STATES WITH A PROPORTIONAL VOTING SYSTEM.

    (a) In General.--Notwithstanding the Act entitled ``An Act for the 
relief of Doctor Ricardo Vallejo Samala and to provide for 
congressional redistricting'', approved December 14, 1967 (Public Law 
90-196; 2 U.S.C. 2c), a State that is entitled to more than one 
Representative in Congress may establish a number of districts for 
election of Representatives that is less than the number of 
Representatives to which the State is entitled so long as 
Representatives are elected under a system which meets the following 
conditions:
            (1) The system meets the constitutional standard of 
        majority rule and of individuals having equal voting power.
            (2) The system ensures the election of any candidate in a 
        multiseat district who receives a share of votes cast that is 
        at least one vote greater than one-third of the total number of 
        votes cast in the district.
            (3) The number of residents per Representative is equal for 
        all Representatives elected in the State.
    (b) No Restriction on Selection.--Nothing in subsection (a)(2) may 
be construed to prohibit a State from using a system under which a 
candidate may be elected with less than one-third of the total votes 
cast in a multiseat district.
    (c) Single-Seat Districts Permitted in States Using Multiseat 
Districts.--A State establishing multiseat districts under this title 
may establish such districts for the election of all Representatives in 
the State or in combination with one or more single-seat districts.

SEC. 102. RELATION TO VOTING RIGHTS ACT OF 1965.

    The rights and remedies established by this title are in addition 
to all other rights and remedies provided by law, and the rights and 
remedies established by this title shall not supersede, restrict, or 
limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 
et seq.). Nothing in this title authorizes or requires conduct that is 
prohibited by the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).

         TITLE II--INSTANT RUNOFF VOTING FOR FEDERAL ELECTIONS

SEC. 201. REQUIRING USE OF INSTANT RUNOFF VOTING FOR GENERAL ELECTIONS 
              FOR FEDERAL OFFICE.

    (a) In General.--Notwithstanding any other provision of law and 
except as provided in subsection (b), each State shall conduct general 
elections for Federal office held in the State during 2008 and each 
succeeding year using an instant runoff voting system, and shall ensure 
that the voting equipment and technology used to conduct the elections 
is compatible with such a system.
    (b) Exception for House Elections in Multiseat Districts.--
Subsection (a) shall not apply with respect to any election for the 
office of Member of the House of Representatives which is held in a 
multiseat district (as provided in title I).
    (c) Definitions.--In this title, the following definitions apply:
            (1) The term ``Federal office'' has the meaning given such 
        term in section 301(3) of the Federal Election Campaign Act of 
        1971 (2 U.S.C. 431(3)).
            (2) The term ``instant runoff voting system'' means a 
        system for the election of candidates under which--
                    (A) runoff counts of candidates are conducted in 
                rounds;
                    (B) voters may rank candidates on the ballot 
                according to the order of preference;
                    (C) if in any round no candidate receives a 
                majority of the votes cast, the candidate with the 
                fewest number of votes is eliminated and the remaining 
                candidates advance to the next round;
                    (D) in each round, a voter shall be considered to 
                have cast one vote for the candidate the voter ranked 
                highest on the ballot who has not been eliminated; and
                    (E) the runoff counts are carried out automatically 
                at the time the votes are cast and tabulated.
            (3) The term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        American Samoa, Guam, and the United States Virgin Islands.

SEC. 202. GRANTS TO STATES TO DEFRAY COSTS OF ADMINISTERING INSTANT 
              RUNOFF VOTING SYSTEM.

    (a) Establishment of Grant Program.--There is established a program 
under which the Election Assistance Commission (hereafter in this title 
referred to as the ``Commission'') shall make grants to eligible States 
to defray the costs of administering an instant runoff voting system or 
a proportional voting system, including the costs of purchasing voting 
equipment, software, and other technology necessary for such a system.
    (b) Plan for Program.--Not later than 60 days after the date of the 
enactment of this Act, the Commission shall develop and make public a 
plan describing the criteria to be used in the solicitation and 
approval of applications for grants under this title and the criteria 
to be used in overseeing the use of funds provided under such grants, 
except that under such criteria the Commission may not require a State 
to match any portion of the amount awarded as a condition of 
eligibility.
    (c) Eligibility of States.--
            (1) In general.--A State is eligible to receive a grant 
        under the program under this section if it submits to the 
        Commission (in such form and manner as the Commission may 
        require) an application containing such information and 
        assurances as the Commission may require.
            (2) Deadline for application.--The Commission may not 
        consider an application for a grant under this section unless 
        the application is submitted prior to the expiration of the 60-
        day period which begins on the date the Commission makes public 
        the plan developed under subsection (b).
            (3) Deadline for response.--The Commission shall approve or 
        reject an application submitted under this subsection not later 
        than 120 days after receiving the application.
            (4) Criteria for rejection.--The Commission may not reject 
        an application submitted under this subsection unless it finds 
        that--
                    (A) the equipment, software, or other technology 
                used to administer elections in the State is not 
                compatible with an instant runoff voting system or a 
                proportional voting system; or
                    (B) the State does not provide for appropriate 
                education for voters, poll workers, and election 
                officials in the use of an instant runoff voting system 
                or a proportional voting system.
    (d) Cap on Amount of Grant.--The amount of any grant awarded to a 
State under the program under this section may not exceed the product 
of--
            (1) the number of residents in the State at the time the 
        grant is awarded (based on the most recent decennial census); 
        and
            (2) $12.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the program under this section--
            (1) $500,000,000 for fiscal year 2006; and
            (2) such sums as may be necessary for fiscal year 2007 and 
        each succeeding fiscal year.

SEC. 203. RELATIONSHIP TO OTHER LAWS.

    Nothing in this title may be construed to supersede or conflict 
with the Voting Rights Act of 1965 (42 U.S.C. 1973aa et seq.) or the 
National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.).