II 

118TH CONGRESS 

2D SESSION S. 3750 

To reform the congressional redistricting process, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2024 

Ms. KLOBUCHAR (for herself and Ms. BUTLER) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To reform the congressional redistricting process, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Redistricting Reform 

5 Act of 2024’’. 

6 SEC. 2. FINDING OF CONSTITUTIONAL AUTHORITY. 

7 Congress finds that it has the authority to establish 

8 the terms and conditions States must follow in carrying 

9 out congressional redistricting after an apportionment of 

10 Members of the House of Representatives because— 


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1 (1) the authority granted to Congress under ar2 ticle I, section 4 of the Constitution of the United 

3 States gives Congress the power to enact laws gov4 erning the time, place, and manner of elections for 

5 Members of the House of Representatives; 

6 (2) the authority granted to Congress under 

7 section 5 of the 14th Amendment to the Constitu8 tion gives Congress the power to enact laws to en9 force section 2 of such amendment, which requires 

10 Representatives to be apportioned among the several 

11 States according to their number; 

12 (3) the authority granted to Congress under 

13 section 5 of the 14th Amendment to the Constitu14 tion gives Congress the power to enact laws to en15 force section 1 of such amendment, including protec16 tions against excessive partisan gerrymandering that 

17 Federal courts have not enforced because they un18 derstand such enforcement to be committed to Con19 gress by the Constitution; 

20 (4) of the authority granted to Congress to en21 force article IV, section 4, of the Constitution, and 

22 the guarantee of a Republican Form of Government 

23 to every State, which Federal courts have not en24 forced because they understand such enforcement to 

25 be committed to Congress by the Constitution; 


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1 (5) requiring States to use uniform redistricting 

2 criteria is an appropriate and important exercise of 

3 such authority; and 

4 (6) partisan gerrymandering dilutes citizens’ 

5 votes because partisan gerrymandering injures vot6 ers and political parties by infringing on their First 

7 Amendment right to associate freely and their Four8 teenth Amendment right to equal protection of the 

9 laws. 

10 SEC. 3. BAN ON MID-DECADE REDISTRICTING. 

11 A State that has been redistricted in accordance with 

12 this Act may not be redistricted again until after the next 

13 apportionment of Representatives under section 22(a) of 

14 the Act entitled ‘‘An Act to provide for the fifteenth and 

15 subsequent decennial censuses and to provide for an ap16 portionment of Representatives in Congress’’, approved 

17 June 18, 1929 (2 U.S.C. 2a), unless a court requires the 

18 State to conduct such subsequent redistricting to comply 

19 with the Constitution of the United States, the Voting 

20 Rights Act of 1965 (52 U.S.C. 10301 et seq.), the terms 

21 or conditions of this Act, or applicable State law. 

22 SEC. 4. CRITERIA FOR REDISTRICTING. 

23 (a) REQUIRING PLANS TO MEET CRITERIA.—A 

24 State may not use a congressional redistricting plan that 

25 is not in compliance with this section. 


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1 (b) RANKED CRITERIA.—Under the redistricting plan 

2 of a State, there shall be established single-member con3 gressional districts using the following criteria as set forth 

4 in the following order of priority: 

5 (1) Districts shall comply with the United 

6 States Constitution, including the requirement that 

7 they substantially equalize total population, without 

8 regard to age, citizenship status, or immigration sta9 tus. 

10 (2) Districts shall comply with the Voting 

11 Rights Act of 1965 (52 U.S.C. 10301 et seq.), in12 cluding by creating any districts where, if based 

13 upon the totality of the circumstances, 2 or more po14 litically cohesive groups protected by such Act are 

15 able to elect representatives of choice in coalition 

16 with one another, and all other applicable Federal 

17 laws. 

18 (3)(A) Districts shall be drawn, to the extent 

19 that the totality of the circumstances warrant, to en20 sure the practical ability of a group protected under 

21 the Voting Rights Act of 1965 (52 U.S.C. 10301 et 

22 seq.) to participate in the political process and to 

23 nominate candidates and to elect representatives of 

24 choice is not diluted or diminished, regardless of 

25 whether or not such protected group constitutes a 


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1 majority of a district’s population, voting age popu2 lation, or citizen voting age population. 

3 (B) For purposes of subparagraph (A), the as4 sessment of whether a protected group has the prac5 tical ability to nominate candidates and to elect rep6 resentatives of choice shall require the consideration 

7 of the following factors: 

8 (i) Whether the group is politically cohe9 sive. 

10 (ii) Whether there is racially polarized vot11 ing in the relevant geographic region. 

12 (iii) If there is racially polarized voting in 

13 the relevant geographic region, whether the pre14 ferred candidates of the group nevertheless re15 ceive a sufficient amount of consistent crossover 

16 support from other voters such that the group 

17 is a functional majority with the ability to both 

18 nominate candidates and elect representatives 

19 of choice. 

20 (4)(A) Districts shall be drawn to represent 

21 communities of interest and neighborhoods to the 

22 extent practicable after compliance with the require23 ments of paragraphs (1) through (3). 

24 (B) For purposes of this paragraph, the term 

25 ‘‘community of interest’’— 


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1 (i) means an area for which the record be2 fore the entity responsible for developing and 

3 adopting the redistricting plan demonstrates 

4 the existence of broadly shared interests and 

5 representational needs, including shared inter6 ests and representational needs rooted in com7 mon ethnic, racial, economic, Indian, social, cul8 tural, geographic, or historic identities, or aris9 ing from similar socioeconomic conditions; and 

10 (ii) may, if the record warrants, include 

11 political subdivisions such as counties, munici12 palities, Indian lands, or school districts, but 

13 shall not include common relationships with po14 litical parties or political candidates. 

15 (C) For purposes of subparagraph (A), in con16 sidering the needs of multiple, overlapping commu17 nities of interest, the entity responsible for devel18 oping and adopting the redistricting plan shall give 

19 greater weight to those communities of interest 

20 whose representational needs would most benefit 

21 from the community’s inclusion in a single congres22 sional district. 

23 (c) NO FAVORING OR DISFAVORING OF POLITICAL

24 PARTIES.— 


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1 (1) PROHIBITION.—A State may not use a re2 districting plan to conduct an election if the plan’s 

3 congressional districts, when considered cumulatively 

4 on a statewide basis, have been drawn with the in5 tent, or have the effect of, materially favoring or 

6 disfavoring any political party. 

7 (2) DETERMINATION OF EFFECT.—The deter8 mination of whether a redistricting plan has the ef9 fect of materially favoring or disfavoring a political 

10 party shall be based on an evaluation of the totality 

11 of circumstances which, at a minimum, shall involve 

12 consideration of each of the following factors: 

13 (A) Computer modeling based on relevant 

14 statewide general elections for Federal office 

15 held over the 8 years preceding the adoption of 

16 the redistricting plan setting forth the probable 

17 electoral outcomes for the plan under a range 

18 of reasonably foreseeable conditions. 

19 (B) An analysis of whether the redis20 tricting plan is statistically likely to result in 

21 partisan advantage or disadvantage on a state22 wide basis, the degree of any such advantage or 

23 disadvantage, and whether such advantage or 

24 disadvantage is likely to be present under a 


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1 range of reasonably foreseeable electoral condi2 tions. 

3 (C) A comparison of the modeled electoral 

4 outcomes for the redistricting plan to the mod5 eled electoral outcomes for alternative plans 

6 that demonstrably comply with the require7 ments of paragraphs (1), (2), and (3) of sub8 section (b) in order to determine whether rea9 sonable alternatives exist that would result in 

10 materially lower levels of partisan advantage or 

11 disadvantage on a statewide basis. For purposes 

12 of this subparagraph, alternative plans consid13 ered may include both actual plans proposed 

14 during the redistricting process and other plans 

15 prepared for purposes of comparison. 

16 (D) Any other relevant information, includ17 ing how broad support for the redistricting plan 

18 was among members of the entity responsible 

19 for developing and adopting the plan and 

20 whether the processes leading to the develop21 ment and adoption of the plan were transparent 

22 and equally open to all members of the entity 

23 and to the public. 

24 (3) REBUTTABLE PRESUMPTION.— 


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1 (A) TRIGGER.—In any civil action brought 

2 under section 7 in which a party asserts a claim 

3 that a State has enacted a redistricting plan 

4 which is in violation of this subsection, a party 

5 may file a motion not later than 30 days after 

6 the enactment of the plan (or, in the case of a 

7 plan enacted before the date of enactment of 

8 this Act, not later than 30 days after the date 

9 of enactment of this Act) requesting that the 

10 court determine whether a presumption of such 

11 a violation exists. If such a motion is timely 

12 filed, the court shall hold a hearing not later 

13 than 15 days after the date the motion is filed 

14 to assess whether a presumption of such a vio15 lation exists. 

16 (B) ASSESSMENT.—To conduct the assess17 ment required under subparagraph (A), the 

18 court shall do the following: 

19 (i) Determine the number of congres20 sional districts under the plan that would 

21 have been carried by each political party’s 

22 candidates for the office of President and 

23 the office of Senator in the 2 most recent 

24 general elections for the office of President 

25 and the 2 most recent general elections for 


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1 the office of Senator (other than special 

2 general elections) immediately preceding 

3 the enactment of the plan, except that if a 

4 State conducts a primary election for the 

5 office of Senator which is open to can6 didates of all political parties, the primary 

7 election shall be used instead of the gen8 eral election and the number of districts 

9 carried by a party’s candidates for the of10 fice of Senator shall be determined on the 

11 basis of the combined vote share of all can12 didates in the election who are affiliated 

13 with such party. 

14 (ii) Determine, for each of the 4 elec15 tions assessed under clause (i), whether 

16 the number of districts that would have 

17 been carried by any party’s candidate as 

18 determined under clause (i) results in par19 tisan advantage or disadvantage in excess 

20 of the applicable threshold described in 

21 subparagraph (C). The degree of partisan 

22 advantage or disadvantage shall be deter23 mined by one or more standard quan24 titative measures of partisan fairness 

25 that— 


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1 (I) use a party’s share of the 

2 statewide vote to calculate a cor3 responding benchmark share of seats; 

4 and 

5 (II) measure the amount by 

6 which the share of seats the party’s 

7 candidate would have won in the elec8 tion involved exceeds the benchmark 

9 share of seats. 

10 (C) APPLICABLE THRESHOLD DE11 SCRIBED.—The applicable threshold described 

12 in this subparagraph is, with respect to a State 

13 and a number of seats, the greater of— 

14 (i) an amount equal to 7 percent of 

15 the number of congressional districts in 

16 the State; or 

17 (ii) one congressional district. 

18 (D) DESCRIPTION OF QUANTITATIVE

19 MEASURES; PROHIBITING ROUNDING.—In car20 rying out this subsection— 

21 (i) the standard quantitative measures 

22 of partisan fairness used by the court may 

23 include the simplified efficiency gap but 

24 may not include strict proportionality; and 


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1 (ii) the court may not round any num2 ber. 

3 (E) PRESUMPTION OF VIOLATION.—A plan 

4 is presumed to violate paragraph (1) if, on the 

5 basis of at least one standard quantitative 

6 measure of partisan fairness, it exceeds the ap7 plicable threshold described in subparagraph 

8 (C) with respect to 2 or more of the 4 elections 

9 assessed under subparagraph (B). 

10 (F) STAY OF USE OF PLAN.—Notwith11 standing any other provision of this Act, in any 

12 action under this paragraph, the following rules 

13 shall apply: 

14 (i) Upon filing of a motion under sub15 paragraph (A), a State’s use of the plan 

16 which is the subject of the motion shall be 

17 automatically stayed pending resolution of 

18 such motion. 

19 (ii) If after considering the motion, 

20 the court rules that the plan is presumed 

21 under subparagraph (E) to violate para22 graph (1), a State may not use such plan 

23 until and unless the court which is car24 rying out the determination of the effect of 

25 the plan under paragraph (2) determines 


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1 that, notwithstanding the presumptive vio2 lation, the plan does not violate paragraph 

3 (1). 

4 (G) NO EFFECT ON OTHER ASSESS5 MENTS.—The absence of a presumption of a 

6 violation with respect to a redistricting plan as 

7 determined under this paragraph shall not af8 fect the determination of the effect or intent of 

9 the plan under this section. 

10 (4) DETERMINATION OF INTENT.—A court may 

11 rely on all available evidence when determining 

12 whether a redistricting plan was drawn with the in13 tent to materially favor or disfavor a political party, 

14 including evidence of the partisan effects of a plan, 

15 the degree of support the plan received from mem16 bers of the entity responsible for developing and 

17 adopting the plan, and whether the processes leading 

18 to development and adoption of the plan were trans19 parent and equally open to all members of the entity 

20 and to the public. 

21 (5) NO VIOLATION BASED ON CERTAIN CRI22 TERIA.—No redistricting plan shall be found to be 

23 in violation of paragraph (1) because of the proper 

24 application of the criteria set forth in paragraph (1), 

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1 ternative plans could have complied with such para2 graphs without having the effect of materially favor3 ing or disfavoring a political party. 

4 (d) FACTORS PROHIBITED FROM CONSIDERATION.— 

5 In developing the redistricting plan for the State, the 

6 State may not, except as necessary to comply with the cri7 teria described in paragraphs (1) through (3) of sub8 section (b), to achieve partisan fairness and comply with 

9 subsection (b), and to enable the redistricting plan to be 

10 measured against the external metrics described in section 

11 5(c), take into consideration any of the following factors: 

12 (1) The residence of any Member of the House 

13 of Representatives or candidate. 

14 (2) The political party affiliation or voting his15 tory of the population of a district. 

16 (e) ADDITIONAL CRITERIA.—A State may not rely 

17 upon criteria, districting principles, or other policies of the 

18 State which are not set forth in this section to justify non19 compliance with the requirements of this section. 

20 (f) APPLICABILITY.— 

21 (1) IN GENERAL.—This section applies to any 

22 authority, whether appointed, elected, judicial, or 

23 otherwise, responsible for enacting the congressional 

24 redistricting plan of a State. 


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1 (2) DATE OF ENACTMENT.—This section ap2 plies to any congressional redistricting plan that 

3 would be, or is, in effect after the date of enactment 

4 of this Act, regardless of the date of enactment by 

5 the State of the congressional redistricting plan. 

6 (g) SEVERABILITY OF CRITERIA.—If any provision of 

7 this section, or the application of any such provision to 

8 any person or circumstance, is held to be unconstitutional, 

9 the remainder of this section, and the application of such 

10 provision to any other person or circumstance, shall not 

11 be affected by the holding. 

12 SEC. 5. DEVELOPMENT OF PLAN. 

13 (a) PUBLIC NOTICE AND INPUT.— 

14 (1) USE OF OPEN AND TRANSPARENT PROC15 ESS.—The entity responsible for developing and 

16 adopting the congressional redistricting plan of a 

17 State shall solicit and take into consideration com18 ments from the public throughout the process of de19 veloping the plan, and shall carry out its duties in 

20 an open and transparent manner which provides for 

21 the widest public dissemination reasonably possible 

22 of its proposed and final redistricting plans. 

23 (2) WEBSITE.— 

24 (A) FEATURES.—The entity described in 

25 paragraph (1) shall maintain a public internet 


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1 site which is not affiliated with or maintained 

2 by the office of any elected official and which 

3 includes the following features: 

4 (i) All proposed redistricting plans 

5 and the final redistricting plan, including 

6 the accompanying written evaluation under 

7 subsection (c). 

8 (ii) All comments received from the 

9 public submitted under paragraph (1). 

10 (iii) Access in an easily usable format 

11 to the demographic and other data used by 

12 the entity to develop and analyze the pro13 posed redistricting plans, together with any 

14 reports analyzing and evaluating such 

15 plans and access to software that members 

16 of the public may use to draw maps of pro17 posed districts. 

18 (iv) A method by which members of 

19 the public may submit comments directly 

20 to the entity. 

21 (B) SEARCHABLE FORMAT.—The entity 

22 described in paragraph (1) shall ensure that all 

23 information posted and maintained on the site 

24 under this paragraph, including information 

25 and proposed maps submitted by the public, 


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1 shall be maintained in an easily searchable for2 mat. 

3 (3) MULTIPLE LANGUAGE REQUIREMENTS FOR

4 ALL NOTICES.—The entity described in paragraph 

5 (1) shall make each notice which is required to be 

6 posted and published under this section available in 

7 any language in which the State (or any jurisdiction 

8 in the State) is required to provide election materials 

9 under section 203 of the Voting Rights Act of 1965 

10 (52 U.S.C. 10503). 

11 (b) DEVELOPMENT OF PLAN.— 

12 (1) HEARINGS.—The entity responsible for de13 veloping and adopting the congressional redistricting 

14 plan shall hold hearings both before and after releas15 ing proposed plans in order to solicit public input on 

16 the content of such plans. These hearings shall— 

17 (A) be held in different regions of the 

18 State and streamed live on the public internet 

19 site maintained under subsection (a)(2); and 

20 (B) be sufficient in number, scheduled at 

21 times and places, and noticed and conducted in 

22 a manner to ensure that all members of the 

23 public, including members of racial, ethnic, and 

24 language minorities protected under the Voting 

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1 tunity to attend and provide input both before 

2 and after the entity releases proposed plans. 

3 (2) POSTING OF MAPS.—The entity described in 

4 paragraph (1) shall make proposed plans, amend5 ments to proposed plans, and the data needed to 

6 analyze such plans for compliance with the criteria 

7 of this Act available for public review, including on 

8 the public internet site required under subsection 

9 (a)(2), for a period of not less than 5 days before 

10 any vote or hearing is held on any such plan or any 

11 amendment to such a plan. 

12 (c) RELEASE OF WRITTEN EVALUATION OF PLAN

13 AGAINST EXTERNAL METRICS REQUIRED PRIOR TO

14 VOTE.—The entity responsible for developing and adopt15 ing the congressional redistricting plan for a State may 

16 not hold a vote on a proposed redistricting plan, including 

17 a vote in a committee, unless at least 48 hours prior to 

18 holding the vote the State has released a written evalua19 tion that measures each such plan against external metrics 

20 which cover the criteria set forth in section 4(b), including 

21 the impact of the plan on the ability of members of a class 

22 of citizens protected by the Voting Rights Act of 1965 (52 

23 U.S.C. 10301 et seq.) to elect candidates of choice, the 

24 degree to which the plan preserves or divides communities 

25 of interest, and any analysis used by the State to assess 


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1 compliance with the requirements of subsections (b) and 

2 (c) of section 4. 

3 (d) PUBLIC INPUT AND COMMENTS.—The entity re4 sponsible for developing and adopting the congressional 

5 redistricting plan for a State shall make all public com6 ments received about potential plans, including alternative 

7 plans, available to the public on the internet site required 

8 under subsection (a)(2), at no cost, not later than 24 

9 hours prior to holding a vote on final adoption of a plan. 

10 SEC. 6. FAILURE BY STATE TO ENACT PLAN. 

11 (a) DEADLINE FOR ENACTMENT OF PLAN.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (2), each State shall enact a final congres14 sional redistricting plan following transmission of a 

15 notice of apportionment to the President by the ear16 liest of— 

17 (A) the deadline set forth in State law, in18 cluding any extension to the deadline provided 

19 in accordance with State law; 

20 (B) February 15 of the year in which reg21 ularly scheduled general elections for Federal 

22 office are held in the State; or 

23 (C) 90 days before the date of the next 

24 regularly scheduled primary election for Federal 

25 office held in the State. 


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1 (2) SPECIAL RULE FOR PLANS ENACTED PRIOR

2 TO DATE OF ENACTMENT OF ACT.—If a State en3 acted a final congressional redistricting plan prior to 

4 the date of enactment of this Act and the plan is not 

5 in compliance with the requirements of this Act, the 

6 State shall enact a final redistricting plan which is 

7 in compliance with the requirements of this Act not 

8 later than 45 days after the date of enactment of 

9 this Act. 

10 (b) DEVELOPMENT OF PLAN BY COURT IN CASE OF

11 MISSED DEADLINE.—If a State has not enacted a final 

12 congressional redistricting plan by the applicable deadline 

13 under subsection (a), or it appears reasonably likely that 

14 a State will fail to enact a final congressional redistricting 

15 plan by such deadline— 

16 (1) any citizen of the State may file an action 

17 in the United States district court for the applicable 

18 venue asking the district court to assume jurisdic19 tion; 

20 (2) the United States district court for the ap21 plicable venue, acting through a 3-judge court con22 vened pursuant to section 2284 of title 28, United 

23 States Code, shall have the exclusive authority to de24 velop and publish the congressional redistricting 

25 plan for the State; and 


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1 (3) the final congressional redistricting plan de2 veloped and published by the court under this sec3 tion shall be deemed to be enacted on the date on 

4 which the court publishes the final congressional re5 districting plan, as described in subsection (e). 

6 (c) APPLICABLE VENUE.—For purposes of this sec7 tion, the term ‘‘applicable venue’’ with respect to a State 

8 is the District of Columbia or the judicial district in which 

9 the capital of the State is located, as selected by the first 

10 party to file with the court sufficient evidence that a State 

11 has failed to, or is reasonably likely to fail to, enact a final 

12 redistricting plan for the State prior to the expiration of 

13 the applicable deadline set forth in subsection (a). 

14 (d) PROCEDURES FOR DEVELOPMENT OF PLAN.— 

15 (1) CRITERIA.—In developing a redistricting 

16 plan for a State under this section, the court shall 

17 adhere to the same terms and conditions that ap18 plied (or that would have applied, as the case may 

19 be) to the development of a plan by the State under 

20 section 4. 

21 (2) ACCESS TO INFORMATION AND RECORDS.— 

22 The court shall have access to any information, 

23 data, software, or other records and material that 

24 was used (or that would have been used, as the case 


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1 may be) by the State in carrying out its duties 

2 under this Act. 

3 (3) HEARING; PUBLIC PARTICIPATION.—In de4 veloping a redistricting plan for a State, the court 

5 shall— 

6 (A) hold one or more evidentiary hearings 

7 at which interested members of the public may 

8 appear and be heard and present testimony, in9 cluding expert testimony, in accordance with 

10 the rules of the court; and 

11 (B) consider other submissions and com12 ments by the public, including proposals for re13 districting plans to cover the entire State or 

14 any portion of the State. 

15 (4) USE OF SPECIAL MASTER.—To assist in the 

16 development and publication of a redistricting plan 

17 for a State under this section, the court may appoint 

18 a special master to make recommendations to the 

19 court on possible plans for the State. 

20 (e) PUBLICATION OF PLAN.— 

21 (1) PUBLIC AVAILABILITY OF INITIAL PLAN.— 

22 Upon completing the development of one or more 

23 initial redistricting plans, the court shall make the 

24 plans available to the public at no cost, and shall 

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1 velop the plans and a written evaluation of the plans 

2 against external metrics (as described in section 

3 5(c)). 

4 (2) PUBLICATION OF FINAL PLAN.—At any 

5 time after the expiration of the 14-day period which 

6 begins on the date the court makes the plans avail7 able to the public under paragraph (1), and taking 

8 into consideration any submissions and comments by 

9 the public which are received during such period, the 

10 court shall develop and publish the final redistricting 

11 plan for the State. 

12 (f) USE OF INTERIM PLAN.—In the event that the 

13 court is not able to develop and publish a final redis14 tricting plan for the State with sufficient time for an up15 coming election to proceed, the court may develop and 

16 publish an interim redistricting plan which shall serve as 

17 the redistricting plan for the State until the court develops 

18 and publishes a final plan in accordance with this section. 

19 Nothing in this subsection may be construed to limit or 

20 otherwise affect the authority or discretion of the court 

21 to develop and publish the final redistricting plan, includ22 ing the discretion to make any changes the court deems 

23 necessary to an interim redistricting plan. 

24 (g) APPEALS.—Review on appeal of any final or in25 terim plan adopted by the court in accordance with this 


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1 section shall be governed by the appellate process in sec2 tion 7. 

3 (h) STAY OF STATE PROCEEDINGS.—The filing of an 

4 action under this section shall act as a stay of any pro5 ceedings in State court with respect to the State’s congres6 sional redistricting plan unless otherwise ordered by the 

7 court. 

8 SEC. 7. CIVIL ENFORCEMENT. 

9 (a) CIVIL ENFORCEMENT.— 

10 (1) ACTIONS BY ATTORNEY GENERAL.—The At11 torney General may bring a civil action for such re12 lief as may be appropriate to carry out this Act. 

13 (2) AVAILABILITY OF PRIVATE RIGHT OF AC14 TION.— 

15 (A) IN GENERAL.—Any person residing or 

16 domiciled in a State who is aggrieved by the 

17 failure of the State to meet the requirements of 

18 the Constitution or Federal law, including this 

19 Act, with respect to the State’s congressional 

20 redistricting, may bring a civil action in the 

21 United States district court for the applicable 

22 venue for such relief as may be appropriate to 

23 remedy the failure. 

24 (B) SPECIAL RULE FOR CLAIMS RELATING

25 TO PARTISAN ADVANTAGE.—For purposes of 


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1 subparagraph (A), a person who is aggrieved by 

2 the failure of a State to meet the requirements 

3 of section 4(c) may include— 

4 (i) any political party or committee in 

5 the State; and 

6 (ii) any registered voter in the State 

7 who resides in a congressional district that 

8 the voter alleges was drawn in a manner 

9 that contributes to a violation of such sec10 tion. 

11 (C) NO AWARDING OF DAMAGES TO PRE12 VAILING PARTY.—Except for an award of attor13 ney’s fees under subsection (d), a court in a 

14 civil action under this section shall not award 

15 the prevailing party any monetary damages, 

16 compensatory, punitive, or otherwise. 

17 (3) DELIVERY OF COMPLAINT TO HOUSE AND

18 SENATE.—In any action brought under this section, 

19 a copy of the complaint shall be delivered promptly 

20 to the Clerk of the House of Representatives and the 

21 Secretary of the Senate. 

22 (4) EXCLUSIVE JURISDICTION AND APPLICABLE

23 VENUE.—The district courts of the United States 

24 shall have exclusive jurisdiction to hear and deter25 mine claims asserting that a congressional redisVerDate Sep 11 2014 01:42 Feb 11, 2024 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S3750.IS S3750

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1 tricting plan violates the requirements of the Con2 stitution or Federal law, including this Act. The ap3 plicable venue for such an action shall be the United 

4 States District Court for the District of Columbia or 

5 for the judicial district in which the capital of the 

6 State is located, as selected by the person bringing 

7 the action. In a civil action that includes a claim 

8 that a redistricting plan is in violation of subsection 

9 (b) or (c) of section 4, the United States District 

10 Court for the District of Columbia shall have juris11 diction over any defendant who has been served in 

12 any United States judicial district in which the de13 fendant resides, is found, or has an agent, or in the 

14 United States judicial district in which the capital of 

15 the State is located. Process may be served in any 

16 United States judicial district where a defendant re17 sides, is found, or has an agent, or in the United 

18 States judicial district in which the capital of the 

19 State is located. 

20 (5) USE OF 3-JUDGE COURT.—If an action 

21 under this section raises statewide claims under the 

22 Constitution or this Act, the action shall be heard by 

23 a 3-judge court convened pursuant to section 2284 

24 of title 28, United States Code. 


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1 (6) REVIEW OF FINAL DECISION.—A final deci2 sion in an action brought under this section shall be 

3 reviewable on appeal by the United States Court of 

4 Appeals for the District of Columbia Circuit, which 

5 shall hear the matter sitting en banc. There shall be 

6 no right of appeal in such proceedings to any other 

7 court of appeals. Such appeal shall be taken by the 

8 filing of a notice of appeal within 10 days of the 

9 entry of the final decision. A final decision by the 

10 Court of Appeals may be reviewed by the Supreme 

11 Court of the United States by writ of certiorari. 

12 (b) EXPEDITED CONSIDERATION.—In any action 

13 brought under this section, it shall be the duty of the dis14 trict court, the United States Court of Appeals for the 

15 District of Columbia Circuit, and the Supreme Court of 

16 the United States (if it chooses to hear the action) to ad17 vance on the docket and to expedite to the greatest pos18 sible extent the disposition of the action and appeal. 

19 (c) REMEDIES.— 

20 (1) ADOPTION OF REPLACEMENT PLAN.— 

21 (A) IN GENERAL.—If the district court in 

22 an action under this section finds that the con23 gressional redistricting plan of a State violates, 

24 in whole or in part, the requirements of this 

25 Act— 


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1 (i) the court shall adopt a replacement 

2 congressional redistricting plan for the 

3 State in accordance with the process set 

4 forth in section 6; or 

5 (ii) if circumstances warrant and no 

6 delay to an upcoming regularly scheduled 

7 election for the House of Representatives 

8 in the State would result, the district 

9 court, in its discretion, may allow a State 

10 to develop and propose a remedial congres11 sional redistricting plan for review by the 

12 court to determine whether the plan is in 

13 compliance with this Act, except that— 

14 (I) the State may not develop 

15 and propose a remedial plan under 

16 this clause if the court determines 

17 that the congressional redistricting 

18 plan of the State was enacted with 

19 discriminatory intent in violation of 

20 the Constitution or section 4(b); and 

21 (II) nothing in this clause may be 

22 construed to permit a State to use 

23 such a remedial plan which has not 

24 been approved by the court. 


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1 (B) PROHIBITING USE OF PLANS IN VIOLA2 TION OF REQUIREMENTS.—No court shall order 

3 a State to use a congressional redistricting plan 

4 which violates, in whole or in part, the require5 ments of this Act, or to conduct an election 

6 under terms and conditions which violate, in 

7 whole or in part, the requirements of this Act. 

8 (C) SPECIAL RULE IN CASE FINAL ADJU9 DICATION NOT EXPECTED WITHIN 3 MONTHS

10 OF ELECTION.— 

11 (i) DUTY OF COURT.—If final adju12 dication of an action under this section is 

13 not reasonably expected to be completed at 

14 least 3 months prior to the next regularly 

15 scheduled primary election for the House 

16 of Representatives in the State, the district 

17 court shall— 

18 (I) develop, adopt, and order the 

19 use of an interim congressional redis20 tricting plan in accordance with sec21 tion 6(f) to address any claims under 

22 this Act for which a party seeking re23 lief has demonstrated a substantial 

24 likelihood of success; or 


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1 (II) order adjustments to the 

2 timing of primary elections for the 

3 House of Representatives and other 

4 related deadlines, as needed, to allow 

5 sufficient opportunity for adjudication 

6 of the matter and adoption of a reme7 dial or replacement plan for use in the 

8 next regularly scheduled general elec9 tions for the House of Representa10 tives. 

11 (ii) PROHIBITING FAILURE TO ACT ON

12 GROUNDS OF PENDENCY OF ELECTION.— 

13 The court may not refuse to take any ac14 tion described in clause (i) on the grounds 

15 of the pendency of the next election held in 

16 the State or the potential for disruption, 

17 confusion, or additional burdens with re18 spect to the administration of the election 

19 in the State. 

20 (2) NO STAY PENDING APPEAL.—Notwith21 standing the appeal of an order finding that a con22 gressional redistricting plan of a State violates, in 

23 whole or in part, the requirements of this Act, no 

24 stay shall issue which shall bar the development or 

25 adoption of a replacement or remedial plan under 


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1 this subsection, as may be directed by the district 

2 court, pending such appeal. If such a replacement or 

3 remedial plan has been adopted, no appellate court 

4 may stay or otherwise enjoin the use of such plan 

5 during the pendency of an appeal, except upon an 

6 order holding, based on the record, that adoption of 

7 such plan was an abuse of discretion. 

8 (3) SPECIAL AUTHORITY OF COURT OF AP9 PEALS.— 

10 (A) ORDERING OF NEW REMEDIAL

11 PLAN.—If, upon consideration of an appeal 

12 under this Act, the Court of Appeals determines 

13 that a plan does not comply with the require14 ments of this Act, it shall direct that the Dis15 trict Court promptly develop a new remedial 

16 plan with assistance of a special master for con17 sideration by the Court of Appeals. 

18 (B) FAILURE OF DISTRICT COURT TO

19 TAKE TIMELY ACTION.—If, at any point during 

20 the pendency of an action under this section, 

21 the District Court fails to take action necessary 

22 to permit resolution of the case prior to the 

23 next regularly scheduled election for the House 

24 of Representatives in the State or fails to grant 

25 the relief described in paragraph (1)(C), any 


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1 party may seek a writ of mandamus from the 

2 Court of Appeals for the District of Columbia 

3 Circuit. The Court of Appeals shall have juris4 diction over the motion for a writ of mandamus 

5 and shall establish an expedited briefing and 

6 hearing schedule for resolution of the motion. If 

7 the Court of Appeals determines that a writ 

8 should be granted, the Court of Appeals shall 

9 take any action necessary, including developing 

10 a congressional redistricting plan with assist11 ance of a special master to ensure that a reme12 dial plan is adopted in time for use in the next 

13 regularly scheduled election for the House of 

14 Representatives in the State. 

15 (4) EFFECT OF ENACTMENT OF REPLACEMENT

16 PLAN.—A State’s enactment of a redistricting plan 

17 which replaces a plan which is the subject of an ac18 tion under this section shall not be construed to 

19 limit or otherwise affect the authority of the court 

20 to adjudicate or grant relief with respect to any 

21 claims or issues not addressed by the replacement 

22 plan, including claims that the plan which is the 

23 subject of the action was enacted, in whole or in 

24 part, with discriminatory intent, or claims to con25 sider whether relief should be granted under section 


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1 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 

2 10302(c)) based on the plan which is the subject of 

3 the action. 

4 (d) ATTORNEY’S FEES.—In a civil action under this 

5 section, the court may allow the prevailing party (other 

6 than the United States) reasonable attorney fees, includ7 ing litigation expenses, and costs. 

8 (e) RELATION TO OTHER LAWS.— 

9 (1) RIGHTS AND REMEDIES ADDITIONAL TO

10 OTHER RIGHTS AND REMEDIES.—The rights and 

11 remedies established by this section are in addition 

12 to all other rights and remedies provided by law, and 

13 neither the rights and remedies established by this 

14 section nor any other provision of this Act shall su15 persede, restrict, or limit the application of the Vot16 ing Rights Act of 1965 (52 U.S.C. 10301 et seq.). 

17 (2) VOTING RIGHTS ACT OF 1965.—Nothing in 

18 this Act authorizes or requires conduct that is pro19 hibited by the Voting Rights Act of 1965 (52 U.S.C. 

20 10301 et seq.). 

21 (f) LEGISLATIVE PRIVILEGE.—No person, legisla22 ture, or State may claim legislative privilege under either 

23 State or Federal law in a civil action brought under this 

24 section or in any other legal challenge, under either State 


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1 or Federal law, to a redistricting plan enacted under this 

2 Act. 

3 (g) REMOVAL.— 

4 (1) IN GENERAL.—At any time, a civil action 

5 brought in a State court which asserts a claim for 

6 which the district courts of the United States have 

7 exclusive jurisdiction under this Act may be removed 

8 by any party in the case, including an intervenor, by 

9 filing, in the district court for an applicable venue 

10 under this section, a notice of removal signed pursu11 ant to Rule 11 of the Federal Rules of Civil Proce12 dure containing a short and plain statement of the 

13 grounds for removal. Consent of parties shall not be 

14 required for removal. 

15 (2) CLAIMS NOT WITHIN THE ORIGINAL OR

16 SUPPLEMENTAL JURISDICTION.—If a civil action re17 moved in accordance with paragraph (1) contains 

18 claims not within the original or supplemental juris19 diction of the district court, the district court shall 

20 sever all such claims and remand them to the State 

21 court from which the action was removed. 

22 SEC. 8. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL 

23 OFFICE. 

24 Nothing in this Act may be construed to affect the 

25 manner in which a State carries out elections for State 


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1 or local office, including the process by which a State es2 tablishes the districts used in such elections. 

3 SEC. 9. EFFECTIVE DATE. 

4 This Act shall apply on the date of enactment of this 

5 Act. 

Æ 


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