I 

116TH CONGRESS 

1ST SESSION H. R. 3572 

To require States to carry out congressional redistricting in accordance with 

plans developed and enacted into law by independent redistricting commissions, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 27, 2019 

Ms. LOFGREN (for herself, Ms. BROWNLEY of California, Mr. LOWENTHAL, 

Mr. PETERS, Mr. THOMPSON of California, Mrs. NAPOLITANO, Mr. 

VARGAS, Mr. DESAULNIER, Mrs. TORRES of California, Mr. CA ́RDENAS, 

Ms. ROYBAL-ALLARD, Mr. CORREA, Mr. GARAMENDI, Ms. MATSUI, Mr. 

TAKANO, Mr. COX of California, Ms. PORTER, Mr. CARBAJAL, Mr. 

GOMEZ, Mr. SCHIFF, Mr. ROUDA, Mr. SWALWELL of California, Mr. TED

LIEU of California, Ms. ESHOO, Mrs. DAVIS of California, Mr. BERA, Mr. 

KHANNA, Mr. COSTA, Mr. AGUILAR, Mr. CISNEROS, Mr. HUFFMAN, Mr. 

SHERMAN, Ms. JUDY CHU of California, Mr. RUIZ, Ms. SPEIER, Mr. 

HARDER of California, Mr. MCNERNEY, and Mr. LEVIN of California) 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 plans developed and enacted into 

law by independent redistricting commissions, 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, 


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1 SECTION 1. SHORT TITLE; FINDING OF CONSTITUTIONAL 

2 AUTHORITY; TABLE OF CONTENTS. 

3 (a) SHORT TITLE.—This Act may be cited as the 

4 ‘‘Redistricting Reform Act of 2019’’. 

5 (b) FINDING OF CONSTITUTIONAL AUTHORITY.— 

6 Congress finds that it has the authority to establish the 

7 terms and conditions States must follow in carrying out 

8 congressional redistricting after an apportionment of 

9 Members of the House of Representatives because— 

10 (1) the authority granted to Congress under ar11 ticle I, section 4 of the Constitution of the United 

12 States gives Congress the power to enact laws gov13 erning the time, place, and manner of elections for 

14 Members of the House of Representatives; and 

15 (2) the authority granted to Congress under 

16 section 5 of the fourteenth amendment to the Con17 stitution gives Congress the power to enact laws to 

18 enforce section 2 of such amendment, which requires 

19 Representatives to be apportioned among the several 

20 States according to their number. 

21 (c) TABLE OF CONTENTS.—The table of contents of 

22 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. 


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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. Criteria for redistricting plan by independent commission; 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. 

1 TITLE I—REQUIREMENTS FOR 

2 CONGRESSIONAL REDIS3 TRICTING 

4 SEC. 101. REQUIRING CONGRESSIONAL REDISTRICTING TO 

5 BE CONDUCTED THROUGH PLAN OF INDE6 PENDENT STATE COMMISSION. 

7 (a) USE OF PLAN REQUIRED.—Notwithstanding any 

8 other provision of law, and except as provided in sub9 section (c) and subsection (d), any congressional redis10 tricting conducted by a State shall be conducted in accord11 ance with— 

12 (1) the redistricting plan developed and enacted 

13 into law by the independent redistricting commission 

14 established in the State, in accordance with title II; 

15 or 


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1 (2) if a plan developed by such commission is 

2 not enacted into law, the redistricting plan developed 

3 and enacted into law by a 3-judge court, in accord4 ance with section 301. 

5 (b) CONFORMING AMENDMENT.—Section 22(c) of 

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

7 subsequent decennial censuses and to provide for an ap8 portionment of Representatives in Congress’’, approved 

9 June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking 

10 ‘‘in the manner provided by the law thereof’’ and insert11 ing: ‘‘in the manner provided by the Redistricting Reform 

12 Act of 2019’’. 

13 (c) SPECIAL RULE FOR EXISTING COMMISSIONS.— 

14 Subsection (a) does not apply to any State in which, under 

15 law in effect continuously on and after the date of the 

16 enactment of this Act, congressional redistricting is car17 ried out in accordance with a plan developed and approved 

18 by an independent redistricting commission which is in 

19 compliance with each of the following requirements: 

20 (1) PUBLICLY AVAILABLE APPLICATION PROC21 ESS.—Membership on the commission is open to citi22 zens of the State through a publicly available appli23 cation process. 

24 (2) DISQUALIFICATIONS FOR GOVERNMENT

25 SERVICE AND POLITICAL APPOINTMENT.—IndividVerDate Sep 11 2014 21:42 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3572.IH H3572

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1 uals who, for a covered period of time as established 

2 by the State, hold or have held public office, individ3 uals who are or have been candidates for elected 

4 public office, and individuals who serve or have 

5 served as an officer, employee, or paid consultant of 

6 a campaign committee of a candidate for public of7 fice are disqualified from serving on the commission. 

8 (3) SCREENING FOR CONFLICTS.—Individuals 

9 who apply to serve on the commission are screened 

10 through a process that excludes persons with con11 flicts of interest from the pool of potential commis12 sioners. 

13 (4) MULTI-PARTISAN COMPOSITION.—Member14 ship on the commission represents those who are af15 filiated with the two political parties whose can16 didates received the most votes in the most recent 

17 Statewide election for Federal office held in the 

18 State, as well as those who are unaffiliated with any 

19 party or who are affiliated with political parties 

20 other than the two political parties whose candidates 

21 received the most votes in the most recent Statewide 

22 election for Federal office held in the State. 

23 (5) CRITERIA FOR REDISTRICTING.—Members 

24 of the commission are required to meet certain cri25 teria in the map drawing process, including miniVerDate Sep 11 2014 21:42 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3572.IH H3572

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1 mizing the division of communities of interest and a 

2 ban on drawing maps to favor a political party. 

3 (6) PUBLIC INPUT.—Public hearings are held 

4 and comments from the public are accepted before 

5 a final map is approved. 

6 (7) BROAD-BASED SUPPORT FOR APPROVAL OF

7 FINAL PLAN.—The approval of the final redistricting 

8 plan requires a majority vote of the members of the 

9 commission, including the support of at least one 

10 member of each of the following: 

11 (A) Members who are affiliated with the 

12 political party whose candidate received the 

13 most votes in the most recent Statewide election 

14 for Federal office held in the State. 

15 (B) Members who are affiliated with the 

16 political party whose candidate received the sec17 ond most votes in the most recent Statewide 

18 election for Federal office held in the State. 

19 (C) Members who not affiliated with any 

20 political party or who are affiliated with polit21 ical parties other than the political parties de22 scribed in subparagraphs (A) and (B). 

23 (d) TREATMENT OF STATE OF IOWA.—Subsection (a) 

24 does not apply to the State of Iowa, so long as congres25 sional redistricting in such State is carried out in accordVerDate Sep 11 2014 21:42 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3572.IH H3572

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1 ance with a plan developed by the Iowa Legislative Serv2 ices Agency with the assistance of a Temporary Redis3 tricting Advisory Commission, under law which was in ef4 fect for the most recent congressional redistricting carried 

5 out in the State prior to the date of the enactment of this 

6 Act and which remains in effect continuously on and after 

7 the date of the enactment of this Act. 

8 SEC. 102. BAN ON MID-DECADE REDISTRICTING. 

9 A State that has been redistricted in accordance with 

10 this Act and a State described in section 101(c) or section 

11 101(d) may not be redistricted again until after the next 

12 apportionment of Representatives under section 22(a) of 

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

14 subsequent decennial censuses and to provide for an ap15 portionment of Representatives in Congress’’, approved 

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

17 State to conduct such subsequent redistricting to comply 

18 with the Constitution of the United States, the Voting 

19 Rights Act of 1965 (52 U.S.C. 10301 et seq.), the Con20 stitution of the State, or the terms or conditions of this 

21 Act. 

22 TITLE II—INDEPENDENT 

23 REDISTRICTING COMMISSIONS 

24 SEC. 201. INDEPENDENT REDISTRICTING COMMISSION. 

25 (a) APPOINTMENT OF MEMBERS.— 


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1 (1) IN GENERAL.—The nonpartisan agency es2 tablished or designated by a State under section 

3 204(a) shall establish an independent redistricting 

4 commission for the State, which shall consist of 15 

5 members appointed by the agency as follows: 

6 (A) Not later than October 1 of a year 

7 ending in the numeral zero, the agency shall, at 

8 a public meeting held not earlier than 15 days 

9 after notice of the meeting has been given to 

10 the public, first appoint 6 members as follows: 

11 (i) The agency shall appoint 2 mem12 bers on a random basis from the majority 

13 category of the approved selection pool (as 

14 described in section 202(b)(1)(A)). 

15 (ii) The agency shall appoint 2 mem16 bers on a random basis from the minority 

17 category of the approved selection pool (as 

18 described in section 202(b)(1)(B)). 

19 (iii) The agency shall appoint 2 mem20 bers on a random basis from the inde21 pendent category of the approved selection 

22 pool (as described in section 202(b)(1)(C)). 

23 (B) Not later than November 15 of a year 

24 ending in the numeral zero, the members ap25 pointed by the agency under subparagraph (A) 


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1 shall, at a public meeting held not earlier than 

2 15 days after notice of the meeting has been 

3 given to the public, then appoint 9 members as 

4 follows: 

5 (i) The members shall appoint 3 mem6 bers from the majority category of the ap7 proved selection pool (as described in sec8 tion 202(b)(1)(A)). 

9 (ii) The members shall appoint 3 

10 members from the minority category of the 

11 approved selection pool (as described in 

12 section 202(b)(1)(B)). 

13 (iii) The members shall appoint 3 

14 members from the independent category of 

15 the approved selection pool (as described in 

16 section 202(b)(1)(C)). 

17 (2) RULES FOR APPOINTMENT OF MEMBERS

18 APPOINTED BY FIRST MEMBERS.— 

19 (A) AFFIRMATIVE VOTE OF AT LEAST 4

20 MEMBERS.—The appointment of any of the 9 

21 members of the independent redistricting com22 mission who are appointed by the first members 

23 of the commission pursuant to subparagraph 

24 (B) of paragraph (1), as well as the designation 

25 of alternates for such members pursuant to 


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1 subparagraph (B) of paragraph (3) and the ap2 pointment of alternates to fill vacancies pursu3 ant to subparagraph (B) of paragraph (4), shall 

4 require the affirmative vote of at least 4 of the 

5 members appointed by the nonpartisan agency 

6 under subparagraph (A) of paragraph (1), in7 cluding at least one member from each of the 

8 categories referred to in such subparagraph. 

9 (B) ENSURING DIVERSITY.—In appointing 

10 the 9 members pursuant to subparagraph (B) 

11 of paragraph (1), as well as in designating al12 ternates pursuant to subparagraph (B) of para13 graph (3) and in appointing alternates to fill 

14 vacancies pursuant to subparagraph (B) of 

15 paragraph (4), the first members of the inde16 pendent redistricting commission shall ensure 

17 that the membership is representative of the de18 mographic groups (including racial, ethnic, eco19 nomic, and gender) and geographic regions of 

20 the State, and provides racial, ethnic, and lan21 guage minorities protected under the Voting 

22 Rights Act of 1965 with a meaningful oppor23 tunity to participate in the development of the 

24 State’s redistricting plan. 


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1 (3) DESIGNATION OF ALTERNATES TO SERVE

2 IN CASE OF VACANCIES.— 

3 (A) MEMBERS APPOINTED BY AGENCY.— 

4 At the time the agency appoints the members 

5 of the independent redistricting commission 

6 under subparagraph (A) of paragraph (1) from 

7 each of the categories referred to in such sub8 paragraph, the agency shall, on a random basis, 

9 designate 2 other individuals from such cat10 egory to serve as alternate members who may 

11 be appointed to fill vacancies in the commission 

12 in accordance with paragraph (4). 

13 (B) MEMBERS APPOINTED BY FIRST MEM14 BERS.—At the time the members appointed by 

15 the agency appoint the other members of the 

16 independent redistricting commission under 

17 subparagraph (B) of paragraph (1) from each 

18 of the categories referred to in such subpara19 graph, the members shall, in accordance with 

20 the special rules described in paragraph (2), 

21 designate 2 other individuals from such cat22 egory to serve as alternate members who may 

23 be appointed to fill vacancies in the commission 

24 in accordance with paragraph (4). 


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1 (4) APPOINTMENT OF ALTERNATES TO SERVE

2 IN CASE OF VACANCIES.— 

3 (A) MEMBERS APPOINTED BY AGENCY.—If 

4 a vacancy occurs in the commission with respect 

5 to a member who was appointed by the non6 partisan agency under subparagraph (A) of 

7 paragraph (1) from one of the categories re8 ferred to in such subparagraph, the agency 

9 shall fill the vacancy by appointing, on a ran10 dom basis, one of the 2 alternates from such 

11 category who was designated under subpara12 graph (A) of paragraph (3). At the time the 

13 agency appoints an alternate to fill a vacancy 

14 under the previous sentence, the agency shall 

15 designate, on a random basis, another indi16 vidual from the same category to serve as an al17 ternate member, in accordance with subpara18 graph (A) of paragraph (3). 

19 (B) MEMBERS APPOINTED BY FIRST MEM20 BERS.—If a vacancy occurs in the commission 

21 with respect to a member who was appointed by 

22 the first members of the commission under sub23 paragraph (B) of paragraph (1) from one of the 

24 categories referred to in such subparagraph, the 

25 first members shall, in accordance with the speVerDate Sep 11 2014 21:42 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3572.IH H3572

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1 cial rules described in paragraph (2), fill the va2 cancy by appointing one of the 2 alternates 

3 from such category who was designated under 

4 subparagraph (B) of paragraph (3). At the time 

5 the first members appoint an alternate to fill a 

6 vacancy under the previous sentence, the first 

7 members shall, in accordance with the special 

8 rules described in paragraph (2), designate an9 other individual from the same category to 

10 serve as an alternate member, in accordance 

11 with subparagraph (B) of paragraph (3). 

12 (5) REMOVAL.—A member of the independent 

13 redistricting commission may be removed by a ma14 jority vote of the remaining members of the commis15 sion if it is shown by a preponderance of the evi16 dence that the member is not eligible to serve on the 

17 commission under section 202(a). 

18 (b) PROCEDURES FOR CONDUCTING COMMISSION

19 BUSINESS.— 

20 (1) CHAIR.—Members of an independent redis21 tricting commission established under this section 

22 shall select by majority vote one member who was 

23 appointed from the independent category of the ap24 proved selection pool described in section 

25 202(b)(1)(C) to serve as chair of the commission. 


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1 The commission may not take any action to develop 

2 a redistricting plan for the State under section 203 

3 until the appointment of the commission’s chair. 

4 (2) REQUIRING MAJORITY APPROVAL FOR AC5 TIONS.—The independent redistricting commission 

6 of a State may not publish and disseminate any 

7 draft or final redistricting plan, or take any other 

8 action, without the approval of at least— 

9 (A) a majority of the whole membership of 

10 the commission; and 

11 (B) at least one member of the commission 

12 appointed from each of the categories of the ap13 proved selection pool described in section 

14 202(b)(1). 

15 (3) QUORUM.—A majority of the members of 

16 the commission shall constitute a quorum. 

17 (c) STAFF; CONTRACTORS.— 

18 (1) STAFF.—Under a public application process 

19 in which all application materials are available for 

20 public inspection, the independent redistricting com21 mission of a State shall appoint and set the pay of 

22 technical experts, legal counsel, consultants, and 

23 such other staff as it considers appropriate, subject 

24 to State law. 


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1 (2) CONTRACTORS.—The independent redis2 tricting commission of a State may enter into such 

3 contracts with vendors as it considers appropriate, 

4 subject to State law, except that any such contract 

5 shall be valid only if approved by the vote of a ma6 jority of the members of the commission, including 

7 at least one member appointed from each of the cat8 egories of the approved selection pool described in 

9 section 202(b)(1). 

10 (3) REPORTS ON EXPENDITURES FOR POLIT11 ICAL ACTIVITY.— 

12 (A) REPORT BY APPLICANTS.—Each indi13 vidual who applies for a position as an employee 

14 of the independent redistricting commission and 

15 each vendor who applies for a contract with the 

16 commission shall, at the time of applying, file 

17 with the commission a report summarizing— 

18 (i) any expenditure for political activ19 ity made by such individual or vendor dur20 ing the 10 most recent calendar years; and 

21 (ii) any income received by such indi22 vidual or vendor during the 10 most recent 

23 calendar years which is attributable to an 

24 expenditure for political activity. 


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1 (B) ANNUAL REPORTS BY EMPLOYEES

2 AND VENDORS.—Each person who is an em3 ployee or vendor of the independent redis4 tricting commission shall, not later than one 

5 year after the person is appointed as an em6 ployee or enters into a contract as a vendor (as 

7 the case may be) and annually thereafter for 

8 each year during which the person serves as an 

9 employee or a vendor, file with the commission 

10 a report summarizing the expenditures and in11 come described in subparagraph (A) during the 

12 10 most recent calendar years. 

13 (C) EXPENDITURE FOR POLITICAL ACTIV14 ITY DEFINED.—In this paragraph, the term 

15 ‘‘expenditure for political activity’’ means a dis16 bursement for any of the following: 

17 (i) An independent expenditure, as de18 fined in section 301(17) of the Federal 

19 Election Campaign Act of 1971 (52 U.S.C. 

20 30101(17)). 

21 (ii) An electioneering communication, 

22 as defined in section 304(f)(3) of such Act 

23 (52 U.S.C. 30104(f)(3)) or any other pub24 lic communication, as defined in section 

25 301(22) of such Act (52 U.S.C. 


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1 30101(22)) that would be an electioneering 

2 communication if it were a broadcast, 

3 cable, or satellite communication. 

4 (iii) Any dues or other payments to 

5 trade associations or organizations de6 scribed in section 501(c) of the Internal 

7 Revenue Code of 1986 and exempt from 

8 tax under section 501(a) of such Code that 

9 are, or could reasonably be anticipated to 

10 be, used or transferred to another associa11 tion or organization for a use described in 

12 paragraph (1), (2), or (4) of section 501(c) 

13 of such Code. 

14 (4) GOAL OF IMPARTIALITY.—The commission 

15 shall take such steps as it considers appropriate to 

16 ensure that any staff appointed under this sub17 section, and any vendor with whom the commission 

18 enters into a contract under this subsection, will 

19 work in an impartial manner, and may require any 

20 person who applies for an appointment to a staff po21 sition or for a vendor’s contract with the commission 

22 to provide information on the person’s history of po23 litical activity beyond the information on the per24 son’s expenditures for political activity provided in 

25 the reports required under paragraph (3) (including 


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1 donations to candidates, political committees, and 

2 political parties) as a condition of the appointment 

3 or the contract. 

4 (5) DISQUALIFICATION; WAIVER.— 

5 (A) IN GENERAL.—The independent redis6 tricting commission may not appoint an indi7 vidual as an employee, and may not enter into 

8 a contract with a vendor, if the individual or 

9 vendor meets any of the criteria for the dis10 qualification of an individual from serving as a 

11 member of the commission which are set forth 

12 in section 202(a)(2). 

13 (B) WAIVER.—The commission may by 

14 unanimous vote of its members waive the appli15 cation of subparagraph (A) to an individual or 

16 a vendor after receiving and reviewing the re17 port filed by the individual or vendor under 

18 paragraph (3). 

19 (d) TERMINATION.— 

20 (1) IN GENERAL.—The independent redis21 tricting commission of a State shall terminate on the 

22 earlier of— 

23 (A) June 14 of the next year ending in the 

24 numeral zero; or 


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1 (B) the day on which the nonpartisan 

2 agency established or designated by a State 

3 under section 204(a) has, in accordance with 

4 section 202(b)(1), submitted a selection pool to 

5 the Select Committee on Redistricting for the 

6 State established under section 204(b). 

7 (2) PRESERVATION OF RECORDS.—The State 

8 shall ensure that the records of the independent re9 districting commission are retained in the appro10 priate State archive in such manner as may be nec11 essary to enable the State to respond to any civil ac12 tion brought with respect to congressional redis13 tricting in the State. 

14 SEC. 202. ESTABLISHMENT OF SELECTION POOL OF INDI15 VIDUALS ELIGIBLE TO SERVE AS MEMBERS 

16 OF COMMISSION. 

17 (a) CRITERIA FOR ELIGIBILITY.— 

18 (1) IN GENERAL.—An individual is eligible to 

19 serve as a member of an independent redistricting 

20 commission if the individual meets each of the fol21 lowing criteria: 

22 (A) As of the date of appointment, the in23 dividual is registered to vote in elections for 

24 Federal office held in the State. 


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1 (B) During the 3-year period ending on 

2 the date of the individual’s appointment, the in3 dividual has been continuously registered to 

4 vote with the same political party, or has not 

5 been registered to vote with any political party. 

6 (C) The individual submits to the non7 partisan agency established or designated by a 

8 State under section 203, at such time and in 

9 such form as the agency may require, an appli10 cation for inclusion in the selection pool under 

11 this section, and includes with the application a 

12 written statement, with an attestation under 

13 penalty of perjury, containing the following in14 formation and assurances: 

15 (i) The full current name and any 

16 former names of, and the contact informa17 tion for, the individual, including an elec18 tronic mail address, the address of the in19 dividual’s residence, mailing address, and 

20 telephone numbers. 

21 (ii) The individual’s race, ethnicity, 

22 gender, age, date of birth, and household 

23 income for the most recent taxable year. 

24 (iii) The political party with which the 

25 individual is affiliated, if any. 


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1 (iv) The reason or reasons the indi2 vidual desires to serve on the independent 

3 redistricting commission, the individual’s 

4 qualifications, and information relevant to 

5 the ability of the individual to be fair and 

6 impartial, including, but not limited to— 

7 (I) any involvement with, or fi8 nancial support of, professional, so9 cial, political, religious, or community 

10 organizations or causes; and 

11 (II) the individual’s employment 

12 and educational history. 

13 (v) An assurance that the individual 

14 shall commit to carrying out the individ15 ual’s duties under this Act in an honest, 

16 independent, and impartial fashion, and to 

17 upholding public confidence in the integrity 

18 of the redistricting process. 

19 (vi) An assurance that, during the 

20 covered periods described in paragraph (3), 

21 the individual has not taken and will not 

22 take any action which would disqualify the 

23 individual from serving as a member of the 

24 commission under paragraph (2). 


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1 (2) DISQUALIFICATIONS.—An individual is not 

2 eligible to serve as a member of the commission if 

3 any of the following applies during any of the cov4 ered periods described in paragraph (3): 

5 (A) The individual or (in the case of the 

6 covered periods described in subparagraphs (A) 

7 and (B) of paragraph (3)) an immediate family 

8 member of the individual holds public office or 

9 is a candidate for election for public office. 

10 (B) The individual or (in the case of the 

11 covered periods described in subparagraphs (A) 

12 and (B) of paragraph (3)) an immediate family 

13 member of the individual serves as an officer of 

14 a political party or as an officer, employee, or 

15 paid consultant of a campaign committee of a 

16 candidate for public office or of any political ac17 tion committee (as determined in accordance 

18 with the law of the State). 

19 (C) The individual or (in the case of the 

20 covered periods described in subparagraphs (A) 

21 and (B) of paragraph (3)) an immediate family 

22 member of the individual holds a position as a 

23 registered lobbyist under the Lobbying Disclo24 sure Act of 1995 (2 U.S.C. 1601 et seq.) or an 

25 equivalent State or local law. 


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1 (D) The individual or (in the case of the 

2 covered periods described in subparagraphs (A) 

3 and (B) of paragraph (3)) an immediate family 

4 member of the individual is an employee of an 

5 elected public official, a contractor with the gov6 ernment of the State, or a donor to the cam7 paign of any candidate for public office or to 

8 any political action committee (other than a 

9 donor who, during any of such covered periods, 

10 gives an aggregate amount of $1,000 or less to 

11 the campaigns of all candidates for all public 

12 offices and to all political action committees). 

13 (E) The individual or (in the case of the 

14 covered periods described in subparagraphs (A) 

15 and (B) of paragraph (3)) an immediate family 

16 member of the individual paid a civil money 

17 penalty or criminal fine, or was sentenced to a 

18 term of imprisonment, for violating any provi19 sion of the Federal Election Campaign Act of 

20 1971 (52 U.S.C. 30101 et seq.). 

21 (F) The individual or (in the case of the 

22 covered periods described in subparagraphs (A) 

23 and (B) of paragraph (3)) an immediate family 

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1 istration Act of 1938, as amended (22 U.S.C. 

2 611 et seq.). 

3 (3) COVERED PERIODS DESCRIBED.—In this 

4 subsection, the term ‘‘covered period’’ means, with 

5 respect to the appointment of an individual to the 

6 commission, any of the following: 

7 (A) The 10-year period ending on the date 

8 of the individual’s appointment. 

9 (B) The period beginning on the date of 

10 the individual’s appointment and ending on Au11 gust 14 of the next year ending in the numeral 

12 one. 

13 (C) The 10-year period beginning on the 

14 day after the last day of the period described in 

15 subparagraph (B). 

16 (4) IMMEDIATE FAMILY MEMBER DEFINED.—In 

17 this subsection, the term ‘‘immediate family mem18 ber’’ means, with respect to an individual, a father, 

19 stepfather, mother, stepmother, son, stepson, daugh20 ter, stepdaughter, brother, stepbrother, sister, step21 sister, husband, wife, father-in-law, or mother-in22 law. 

23 (b) DEVELOPMENT AND SUBMISSION OF SELECTION

24 POOL.— 


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1 (1) IN GENERAL.—Not later than June 15 of 

2 each year ending in the numeral zero, the non3 partisan agency established or designated by a State 

4 under section 204(a) shall develop and submit to the 

5 Select Committee on Redistricting for the State es6 tablished under section 204(b) a selection pool of 36 

7 individuals who are eligible to serve as members of 

8 the independent redistricting commission of the 

9 State under this Act, consisting of individuals in the 

10 following categories: 

11 (A) A majority category, consisting of 12 

12 individuals who are affiliated with the political 

13 party whose candidate received the most votes 

14 in the most recent Statewide election for Fed15 eral office held in the State. 

16 (B) A minority category, consisting of 12 

17 individuals who are affiliated with the political 

18 party whose candidate received the second most 

19 votes in the most recent Statewide election for 

20 Federal office held in the State. 

21 (C) An independent category, consisting of 

22 12 individuals who are not affiliated with either 

23 of the political parties described in subpara24 graph (A) or subparagraph (B). 


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1 (2) FACTORS TAKEN INTO ACCOUNT IN DEVEL2 OPING POOL.—In selecting individuals for the selec3 tion pool under this subsection, the nonpartisan 

4 agency shall— 

5 (A) ensure that the pool is representative 

6 of the demographic groups (including racial, 

7 ethnic, economic, and gender) and geographic 

8 regions of the State, and includes applicants 

9 who would allow racial, ethnic, and language 

10 minorities protected under the Voting Rights 

11 Act of 1965 a meaningful opportunity to par12 ticipate in the development of the State’s redis13 tricting plan; and 

14 (B) take into consideration the analytical 

15 skills of the individuals selected in relevant 

16 fields (including mapping, data management, 

17 law, community outreach, demography, and the 

18 geography of the State) and their ability to 

19 work on an impartial basis. 

20 (3) INTERVIEWS OF APPLICANTS.—To assist 

21 the nonpartisan agency in developing the selection 

22 pool under this subsection, the nonpartisan agency 

23 shall conduct interviews of applicants under oath. If 

24 an individual is included in a selection pool devel25 oped under this section, all of the interviews of the 


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1 individual shall be transcribed and the transcriptions 

2 made available on the nonpartisan agency’s website 

3 contemporaneously with release of the report under 

4 paragraph (6). 

5 (4) DETERMINATION OF POLITICAL PARTY AF6 FILIATION OF INDIVIDUALS IN SELECTION POOL.— 

7 For purposes of this section, an individual shall be 

8 considered to be affiliated with a political party only 

9 if the nonpartisan agency is able to verify (to the 

10 greatest extent possible) the information the indi11 vidual provides in the application submitted under 

12 subsection (a)(1)(D), including by considering addi13 tional information provided by other persons with 

14 knowledge of the individual’s history of political ac15 tivity. 

16 (5) ENCOURAGING RESIDENTS TO APPLY FOR

17 INCLUSION IN POOL.—The nonpartisan agency shall 

18 take such steps as may be necessary to ensure that 

19 residents of the State across various geographic re20 gions and demographic groups are aware of the op21 portunity to serve on the independent redistricting 

22 commission, including publicizing the role of the 

23 panel and using newspapers, broadcast media, and 

24 online sources, including ethnic media, to encourage 


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1 individuals to apply for inclusion in the selection 

2 pool developed under this subsection. 

3 (6) REPORT ON ESTABLISHMENT OF SELEC4 TION POOL.—At the time the nonpartisan agency 

5 submits the selection pool to the Select Committee 

6 on Redistricting under paragraph (1), it shall pub7 lish and post on the agency’s public website a report 

8 describing the process by which the pool was devel9 oped, and shall include in the report a description of 

10 how the individuals in the pool meet the eligibility 

11 criteria of subsection (a) and of how the pool reflects 

12 the factors the agency is required to take into con13 sideration under paragraph (2). 

14 (7) PUBLIC COMMENT ON SELECTION POOL.— 

15 During the 14-day period which begins on the date 

16 the nonpartisan agency publishes the report under 

17 paragraph (6), the agency shall accept comments 

18 from the public on the individuals included in the se19 lection pool. The agency shall post all such com20 ments contemporaneously on the nonpartisan agen21 cy’s website and shall transmit them to the Select 

22 Committee on Redistricting immediately upon the 

23 expiration of such period. 

24 (8) ACTION BY SELECT COMMITTEE.— 


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1 (A) IN GENERAL.—Not earlier than 15 

2 days and not later than 21 days after receiving 

3 the selection pool from the nonpartisan agency 

4 under paragraph (1), the Select Committee on 

5 Redistricting shall— 

6 (i) approve the pool as submitted by 

7 the nonpartisan agency, in which case the 

8 pool shall be considered the approved selec9 tion pool for purposes of section 201(a)(1); 

10 or 

11 (ii) reject the pool, in which case the 

12 nonpartisan agency shall develop and sub13 mit a replacement selection pool in accord14 ance with subsection (c). 

15 (B) INACTION DEEMED REJECTION.—If 

16 the Select Committee on Redistricting fails to 

17 approve or reject the pool within the deadline 

18 set forth in subparagraph (A), the Select Com19 mittee shall be deemed to have rejected the pool 

20 for purposes of such subparagraph. 

21 (c) DEVELOPMENT OF REPLACEMENT SELECTION

22 POOL.— 

23 (1) IN GENERAL.—If the Select Committee on 

24 Redistricting rejects the selection pool submitted by 

25 the nonpartisan agency under subsection (b), not 


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1 later than 14 days after the rejection, the non2 partisan agency shall develop and submit to the Se3 lect Committee a replacement selection pool, under 

4 the same terms and conditions that applied to the 

5 development and submission of the selection pool 

6 under paragraphs (1) through (7) of subsection (b). 

7 The replacement pool submitted under this para8 graph may include individuals who were included in 

9 the rejected selection pool submitted under sub10 section (b), so long as at least one of the individuals 

11 in the replacement pool was not included in such re12 jected pool. 

13 (2) ACTION BY SELECT COMMITTEE.— 

14 (A) IN GENERAL.—Not later than 21 days 

15 after receiving the replacement selection pool 

16 from the nonpartisan agency under paragraph 

17 (1), the Select Committee on Redistricting 

18 shall— 

19 (i) approve the pool as submitted by 

20 the nonpartisan agency, in which case the 

21 pool shall be considered the approved selec22 tion pool for purposes of section 201(a)(1); 

23 or 

24 (ii) reject the pool, in which case the 

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1 mit a second replacement selection pool in 

2 accordance with subsection (d). 

3 (B) INACTION DEEMED REJECTION.—If 

4 the Select Committee on Redistricting fails to 

5 approve or reject the pool within the deadline 

6 set forth in subparagraph (A), the Select Com7 mittee shall be deemed to have rejected the pool 

8 for purposes of such subparagraph. 

9 (d) DEVELOPMENT OF SECOND REPLACEMENT SE10 LECTION POOL.— 

11 (1) IN GENERAL.—If the Select Committee on 

12 Redistricting rejects the replacement selection pool 

13 submitted by the nonpartisan agency under sub14 section (c), not later than 14 days after the rejec15 tion, the nonpartisan agency shall develop and sub16 mit to the Select Committee a second replacement 

17 selection pool, under the same terms and conditions 

18 that applied to the development and submission of 

19 the selection pool under paragraphs (1) through (7) 

20 of subsection (b). The second replacement selection 

21 pool submitted under this paragraph may include in22 dividuals who were included in the rejected selection 

23 pool submitted under subsection (b) or the rejected 

24 replacement selection pool submitted under sub25 section (c), so long as at least one of the individuals 


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1 in the replacement pool was not included in either 

2 such rejected pool. 

3 (2) ACTION BY SELECT COMMITTEE.— 

4 (A) IN GENERAL.—Not earlier than 15 

5 days and not later than 14 days after receiving 

6 the second replacement selection pool from the 

7 nonpartisan agency under paragraph (1), the 

8 Select Committee on Redistricting shall— 

9 (i) approve the pool as submitted by 

10 the nonpartisan agency, in which case the 

11 pool shall be considered the approved selec12 tion pool for purposes of section 201(a)(1); 

13 or 

14 (ii) reject the pool. 

15 (B) INACTION DEEMED REJECTION.—If 

16 the Select Committee on Redistricting fails to 

17 approve or reject the pool within the deadline 

18 set forth in subparagraph (A), the Select Com19 mittee shall be deemed to have rejected the pool 

20 for purposes of such subparagraph. 

21 (C) EFFECT OF REJECTION.—If the Select 

22 Committee on Redistricting rejects the second 

23 replacement pool from the nonpartisan agency 

24 under paragraph (1), the redistricting plan for 


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1 the State shall be developed and enacted in ac2 cordance with title III. 

3 SEC. 203. CRITERIA FOR REDISTRICTING PLAN BY INDE4 PENDENT COMMISSION; PUBLIC NOTICE AND 

5 INPUT. 

6 (a) DEVELOPMENT OF REDISTRICTING PLAN.— 

7 (1) CRITERIA.—In developing a redistricting 

8 plan of a State, the independent redistricting com9 mission of a State shall establish single-member con10 gressional districts using the following criteria as set 

11 forth in the following order of priority: 

12 (A) Districts shall comply with the United 

13 States Constitution, including the requirement 

14 that they equalize total population. 

15 (B) Districts shall comply with the Voting 

16 Rights Act of 1965 (52 U.S.C. 10301 et seq.) 

17 and all applicable Federal laws. 

18 (C) Districts shall provide racial, ethnic, 

19 and language minorities with an equal oppor20 tunity to participate in the political process and 

21 to elect candidates of choice and shall not dilute 

22 or diminish their ability to elect candidates of 

23 choice whether alone or in coalition with others. 

24 (D) Districts shall respect communities of 

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1 sions to the extent practicable and after compli2 ance with the requirements of subparagraphs 

3 (A) through (C). A community of interest is de4 fined as an area with recognized similarities of 

5 interests, including but not limited to ethnic, 

6 racial, economic, social, cultural, geographic, or 

7 historic identities. The term communities of in8 terest may, in certain circumstances, include 

9 political subdivisions such as counties, munici10 palities, or school districts, but shall not include 

11 common relationships with political parties or 

12 political candidates. 

13 (2) NO FAVORING OR DISFAVORING OF POLIT14 ICAL PARTIES.—Except as may be required to meet 

15 the criteria described in paragraph (1), the redis16 tricting plan developed by the independent redis17 tricting commission shall not, when considered on a 

18 Statewide basis, unduly favor or disfavor any polit19 ical party. 

20 (3) FACTORS PROHIBITED FROM CONSIDER21 ATION.—In developing the redistricting plan for the 

22 State, the independent redistricting commission may 

23 not take into consideration any of the following fac24 tors, except to the extent necessary to comply with 

25 the criteria described in subparagraphs (A) through 


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1 (C) of paragraph (1), paragraph (2), and to enable 

2 the redistricting plan to be measured against the ex3 ternal metrics described in subsection (e): 

4 (A) The residence of any Member of the 

5 House of Representatives or candidate. 

6 (B) The political party affiliation or voting 

7 history of the population of a district. 

8 (b) PUBLIC NOTICE AND INPUT.— 

9 (1) USE OF OPEN AND TRANSPARENT PROC10 ESS.—The independent redistricting commission of a 

11 State shall hold each of its meetings in public, shall 

12 solicit and take into consideration comments from 

13 the public, including proposed maps, throughout the 

14 process of developing the redistricting plan for the 

15 State, and shall carry out its duties in an open and 

16 transparent manner which provides for the widest 

17 public dissemination reasonably possible of its pro18 posed and final redistricting plans. 

19 (2) WEBSITE.— 

20 (A) FEATURES.—The commission shall 

21 maintain a public internet site which is not af22 filiated with or maintained by the office of any 

23 elected official and which includes the following 

24 features: 


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1 (i) General information on the com2 mission, its role in the redistricting proc3 ess, and its members, including contact in4 formation. 

5 (ii) An updated schedule of commis6 sion hearings and activities, including 

7 deadlines for the submission of comments. 

8 (iii) All draft redistricting plans devel9 oped by the commission under subsection 

10 (c) and the final redistricting plan devel11 oped under subsection (d), including the 

12 accompanying written evaluation under 

13 subsection (e). 

14 (iv) All comments received from the 

15 public on the commission’s activities, in16 cluding any proposed maps submitted 

17 under paragraph (1). 

18 (v) Live streaming of commission 

19 hearings and an archive of previous meet20 ings, including any documents considered 

21 at any such meeting, which the commission 

22 shall post not later than 24 hours after the 

23 conclusion of the meeting. 

24 (vi) Access in an easily useable format 

25 to the demographic and other data used by 


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1 the commission to develop and analyze the 

2 proposed redistricting plans, together with 

3 access to any software used to draw maps 

4 of proposed districts and to any reports 

5 analyzing and evaluating any such maps. 

6 (vii) A method by which members of 

7 the public may submit comments and pro8 posed maps directly to the commission. 

9 (viii) All records of the commission, 

10 including all communications to or from 

11 members, employees, and contractors re12 garding the work of the commission. 

13 (ix) A list of all contractors receiving 

14 payment from the commission, together 

15 with the annual disclosures submitted by 

16 the contractors under section 201(c)(3). 

17 (x) A list of the names of all individ18 uals who submitted applications to serve 

19 on the commission, together with the appli20 cations submitted by individuals included 

21 in any selection pool, except that the com22 mission may redact from such applications 

23 any financial or other personally sensitive 

24 information. 


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1 (B) SEARCHABLE FORMAT.—The commis2 sion shall ensure that all information posted 

3 and maintained on the site under this para4 graph, including information and proposed 

5 maps submitted by the public, shall be main6 tained in an easily searchable format. 

7 (C) DEADLINE.—The commission shall en8 sure that the public internet site under this 

9 paragraph is operational (in at least a prelimi10 nary format) not later than January 1 of the 

11 year ending in the numeral one. 

12 (3) PUBLIC COMMENT PERIOD.—The commis13 sion shall solicit, accept, and consider comments 

14 from the public with respect to its duties, activities, 

15 and procedures at any time during the period— 

16 (A) which begins on January 1 of the year 

17 ending in the numeral one; and 

18 (B) which ends 7 days before the date of 

19 the meeting at which the commission shall vote 

20 on approving the final redistricting plan for en21 actment into law under subsection (d)(2). 

22 (4) MEETINGS AND HEARINGS IN VARIOUS GEO23 GRAPHIC LOCATIONS.—To the greatest extent prac24 ticable, the commission shall hold its meetings and 


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1 hearings in various geographic regions and locations 

2 throughout the State. 

3 (5) MULTIPLE LANGUAGE REQUIREMENTS FOR

4 ALL NOTICES.—The commission shall make each no5 tice which is required to be posted and published 

6 under this section available in any language in which 

7 the State (or any jurisdiction in the State) is re8 quired to provide election materials under section 

9 203 of the Voting Rights Act of 1965. 

10 (c) DEVELOPMENT AND PUBLICATION OF PRELIMI11 NARY REDISTRICTING PLAN.— 

12 (1) IN GENERAL.—Prior to developing and pub13 lishing a final redistricting plan under subsection 

14 (d), the independent redistricting commission of a 

15 State shall develop and publish a preliminary redis16 tricting plan. 

17 (2) MINIMUM PUBLIC HEARINGS AND OPPOR18 TUNITY FOR COMMENT PRIOR TO DEVELOPMENT.— 

19 (A) THREE HEARINGS REQUIRED.—Prior 

20 to developing a preliminary redistricting plan 

21 under this subsection, the commission shall hold 

22 not fewer than 3 public hearings at which mem23 bers of the public may provide input and com24 ments regarding the potential contents of redis25 tricting plans for the State and the process by 


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1 which the commission will develop the prelimi2 nary plan under this subsection. 

3 (B) MINIMUM PERIOD FOR NOTICE PRIOR

4 TO HEARINGS.—Not fewer than 14 days prior 

5 to the date of each hearing held under this 

6 paragraph, the commission shall post notices of 

7 the hearing on the website maintained under 

8 subsection (b)(2), and shall provide for the pub9 lication of such notices in newspapers of general 

10 circulation throughout the State. Each such no11 tice shall specify the date, time, and location of 

12 the hearing. 

13 (C) SUBMISSION OF PLANS AND MAPS BY

14 MEMBERS OF THE PUBLIC.—Any member of 

15 the public may submit maps or portions of 

16 maps for consideration by the commission. As 

17 provided under subsection (b)(2)(A), any such 

18 map shall be made publicly available on the 

19 commission’s website and open to comment. 

20 (3) PUBLICATION OF PRELIMINARY PLAN.— 

21 (A) IN GENERAL.—The commission shall 

22 post the preliminary redistricting plan devel23 oped under this subsection, together with a re24 port that includes the commission’s responses 

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1 section (b)(3), on the website maintained under 

2 subsection (b)(2), and shall provide for the pub3 lication of each such plan in newspapers of gen4 eral circulation throughout the State. 

5 (B) MINIMUM PERIOD FOR NOTICE PRIOR

6 TO PUBLICATION.—Not fewer than 14 days 

7 prior to the date on which the commission posts 

8 and publishes the preliminary plan under this 

9 paragraph, the commission shall notify the pub10 lic through the website maintained under sub11 section (b)(2), as well as through publication of 

12 notice in newspapers of general circulation 

13 throughout the State, of the pending publica14 tion of the plan. 

15 (4) MINIMUM POST-PUBLICATION PERIOD FOR

16 PUBLIC COMMENT.—The commission shall accept 

17 and consider comments from the public (including 

18 through the website maintained under subsection 

19 (b)(2)) with respect to the preliminary redistricting 

20 plan published under paragraph (3), including pro21 posed revisions to maps, for not fewer than 30 days 

22 after the date on which the plan is published. 

23 (5) POST-PUBLICATION HEARINGS.— 

24 (A) THREE HEARINGS REQUIRED.—After 

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1 tricting plan under paragraph (3), the commis2 sion shall hold not fewer than 3 public hearings 

3 in different geographic areas of the State at 

4 which members of the public may provide input 

5 and comments regarding the preliminary plan. 

6 (B) MINIMUM PERIOD FOR NOTICE PRIOR

7 TO HEARINGS.—Not fewer than 14 days prior 

8 to the date of each hearing held under this 

9 paragraph, the commission shall post notices of 

10 the hearing on the website maintained under 

11 subsection (b)(2), and shall provide for the pub12 lication of such notices in newspapers of general 

13 circulation throughout the State. Each such no14 tice shall specify the date, time, and location of 

15 the hearing. 

16 (6) PERMITTING MULTIPLE PRELIMINARY

17 PLANS.—At the option of the commission, after de18 veloping and publishing the preliminary redistricting 

19 plan under this subsection, the commission may de20 velop and publish subsequent preliminary redis21 tricting plans, so long as the process for the develop22 ment and publication of each such subsequent plan 

23 meets the requirements set forth in this subsection 

24 for the development and publication of the first pre25 liminary redistricting plan. 


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1 (d) PROCESS FOR ENACTMENT OF FINAL REDIS2 TRICTING PLAN.— 

3 (1) IN GENERAL.—After taking into consider4 ation comments from the public on any preliminary 

5 redistricting plan developed and published under 

6 subsection (c), the independent redistricting commis7 sion of a State shall develop and publish a final re8 districting plan for the State. 

9 (2) MEETING; FINAL VOTE.—Not later than the 

10 deadline specified in subsection (h), the commission 

11 shall hold a public hearing at which the members of 

12 the commission shall vote on approving the final 

13 plan for enactment into law. 

14 (3) PUBLICATION OF PLAN AND ACCOMPANYING

15 MATERIALS.—Not fewer than 14 days before the 

16 date of the meeting under paragraph (2), the com17 mission shall provide the following information to 

18 the public through the website maintained under 

19 subsection (b)(2), as well as through newspapers of 

20 general circulation throughout the State: 

21 (A) The final redistricting plan, including 

22 all relevant maps. 

23 (B) A report by the commission to accom24 pany the plan which provides the background 

25 for the plan and the commission’s reasons for 


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1 selecting the plan as the final redistricting plan, 

2 including responses to the public comments re3 ceived on any preliminary redistricting plan de4 veloped and published under subsection (c). 

5 (C) Any dissenting or additional views with 

6 respect to the plan of individual members of the 

7 commission. 

8 (4) ENACTMENT.—The final redistricting plan 

9 developed and published under this subsection shall 

10 be deemed to be enacted into law if— 

11 (A) the plan is approved by a majority of 

12 the whole membership of the commission; and 

13 (B) at least one member of the commission 

14 appointed from each of the categories of the ap15 proved selection pool described in section 

16 202(b)(1) approves the plan. 

17 (e) WRITTEN EVALUATION OF PLAN AGAINST EX18 TERNAL METRICS.—The independent redistricting com19 mission shall include with each redistricting plan devel20 oped and published under this section a written evaluation 

21 that measures each such plan against external metrics 

22 which cover the criteria set forth in paragraph (1) of sub23 section (a), including the impact of the plan on the ability 

24 of communities of color to elect candidates of choice, 

25 measures of partisan fairness using multiple accepted 


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1 methodologies, and the degree to which the plan preserves 

2 or divides communities of interest. 

3 (f) TIMING.—The independent redistricting commis4 sion of a State may begin its work on the redistricting 

5 plan of the State upon receipt of relevant population infor6 mation from the Bureau of the Census, and shall approve 

7 a final redistricting plan for the State in each year ending 

8 in the numeral one not later than 8 months after the date 

9 on which the State receives the State apportionment notice 

10 or October 1, whichever occurs later. 

11 SEC. 204. ESTABLISHMENT OF RELATED ENTITIES. 

12 (a) ESTABLISHMENT OR DESIGNATION OF NON13 PARTISAN AGENCY OF STATE LEGISLATURE.— 

14 (1) IN GENERAL.—Each State shall establish a 

15 nonpartisan agency in the legislative branch of the 

16 State government to appoint the members of the 

17 independent redistricting commission for the State 

18 in accordance with section 201. 

19 (2) NONPARTISANSHIP DESCRIBED.—For pur20 poses of this subsection, an agency shall be consid21 ered to be nonpartisan if under law the agency— 

22 (A) is required to provide services on a 

23 nonpartisan basis; 

24 (B) is required to maintain impartiality; 

25 and 


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1 (C) is prohibited from advocating for the 

2 adoption or rejection of any legislative proposal. 

3 (3) TRAINING OF MEMBERS APPOINTED TO

4 COMMISSION.—Not later than January 15 of a year 

5 ending in the numeral one, the nonpartisan agency 

6 established or designated under this subsection shall 

7 provide the members of the independent redistricting 

8 commission with initial training on their obligations 

9 as members of the commission, including obligations 

10 under the Voting Rights Act of 1965 and other ap11 plicable laws. 

12 (4) REGULATIONS.—The nonpartisan agency 

13 established or designated under this subsection shall 

14 adopt and publish regulations, after notice and op15 portunity for comment, establishing the procedures 

16 that the agency will follow in fulfilling its duties 

17 under this Act, including the procedures to be used 

18 in vetting the qualifications and political affiliation 

19 of applicants and in creating the selection pools, the 

20 randomized process to be used in selecting the initial 

21 members of the independent redistricting commis22 sion, and the rules that the agency will apply to en23 sure that the agency carries out its duties under this 

24 Act in a maximally transparent, publicly accessible, 

25 and impartial manner. 


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1 (5) DESIGNATION OF EXISTING AGENCY.—At 

2 its option, a State may designate an existing agency 

3 in the legislative branch of its government to appoint 

4 the members of the independent redistricting com5 mission plan for the State under this Act, so long 

6 as the agency meets the requirements for non7 partisanship under this subsection. 

8 (6) TERMINATION OF AGENCY SPECIFICALLY

9 ESTABLISHED FOR REDISTRICTING.—If a State does 

10 not designate an existing agency under paragraph 

11 (5) but instead establishes a new agency to serve as 

12 the nonpartisan agency under this section, the new 

13 agency shall terminate upon the enactment into law 

14 of the redistricting plan for the State. 

15 (7) PRESERVATION OF RECORDS.—The State 

16 shall ensure that the records of the nonpartisan 

17 agency are retained in the appropriate State archive 

18 in such manner as may be necessary to enable the 

19 State to respond to any civil action brought with re20 spect to congressional redistricting in the State. 

21 (8) DEADLINE.—The State shall meet the re22 quirements of this subsection not later than each 

23 October 15 of a year ending in the numeral nine. 

24 (b) ESTABLISHMENT OF SELECT COMMITTEE ON RE25 DISTRICTING.— 


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1 (1) IN GENERAL.—Each State shall appoint a 

2 Select Committee on Redistricting to approve or dis3 approve a selection pool developed by the inde4 pendent redistricting commission for the State under 

5 section 202. 

6 (2) APPOINTMENT.—The Select Committee on 

7 Redistricting for a State under this subsection shall 

8 consist of the following members: 

9 (A) One member of the upper house of the 

10 State legislature, who shall be appointed by the 

11 leader of the party with the greatest number of 

12 seats in the upper house. 

13 (B) One member of the upper house of the 

14 State legislature, who shall be appointed by the 

15 leader of the party with the second greatest 

16 number of seats in the upper house. 

17 (C) One member of the lower house of the 

18 State legislature, who shall be appointed by the 

19 leader of the party with the greatest number of 

20 seats in the lower house. 

21 (D) One member of the lower house of the 

22 State legislature, who shall be appointed by the 

23 leader of the party with the second greatest 

24 number of seats in the lower house. 


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1 (3) SPECIAL RULE FOR STATES WITH UNICAM2 ERAL LEGISLATURE.—In the case of a State with a 

3 unicameral legislature, the Select Committee on Re4 districting for the State under this subsection shall 

5 consist of the following members: 

6 (A) Two members of the State legislature 

7 appointed by the chair of the political party of 

8 the State whose candidate received the highest 

9 percentage of votes in the most recent State10 wide election for Federal office held in the 

11 State. 

12 (B) Two members of the State legislature 

13 appointed by the chair of the political party 

14 whose candidate received the second highest 

15 percentage of votes in the most recent State16 wide election for Federal office held in the 

17 State. 

18 (4) DEADLINE.—The State shall meet the re19 quirements of this subsection not later than each 

20 January 15 of a year ending in the numeral zero. 

21 SEC. 205. REPORT ON DIVERSITY OF MEMBERSHIPS OF 

22 INDEPENDENT REDISTRICTING COMMIS23 SIONS. 

24 Not later than May 15 of a year ending in the nu25 meral one, the Comptroller General of the United States 


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1 shall submit to Congress a report on the extent to which 

2 the memberships of independent redistricting commissions 

3 for States established under this title with respect to the 

4 immediately preceding year ending in the numeral zero 

5 meet the diversity requirements as provided for in sections 

6 201(a)(2)(B) and 202(b)(2). 

7 TITLE III—ROLE OF COURTS IN 

8 DEVELOPMENT OF REDIS9 TRICTING PLANS 

10 SEC. 301. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE 

11 COURT. 

12 (a) DEVELOPMENT OF PLAN.—If any of the trig13 gering events described in subsection (f) occur with re14 spect to a State— 

15 (1) not later than December 15 of the year in 

16 which the triggering event occurs, the United States 

17 district court for the applicable venue, acting 

18 through a 3-judge Court convened pursuant to sec19 tion 2284 of title 28, United States Code, shall de20 velop and publish the congressional redistricting 

21 plan for the State; and 

22 (2) the final plan developed and published by 

23 the Court under this section shall be deemed to be 

24 enacted on the date on which the Court publishes 

25 the final plan, as described in subsection (d). 


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1 (b) APPLICABLE VENUE DESCRIBED.—For purposes 

2 of this section, the ‘‘applicable venue’’ with respect to a 

3 State is the District of Columbia or the judicial district 

4 in which the capital of the State is located, as selected 

5 by the first party to file with the court sufficient evidence 

6 of the occurrence of a triggering event described in sub7 section (f). 

8 (c) PROCEDURES FOR DEVELOPMENT OF PLAN.— 

9 (1) CRITERIA.—In developing a redistricting 

10 plan for a State under this section, the Court shall 

11 adhere to the same terms and conditions that ap12 plied (or that would have applied, as the case may 

13 be) to the development of a plan by the independent 

14 redistricting commission of the State under section 

15 203(a). 

16 (2) ACCESS TO INFORMATION AND RECORDS OF

17 COMMISSION.—The Court shall have access to any 

18 information, data, software, or other records and 

19 material that was used (or that would have been 

20 used, as the case may be) by the independent redis21 tricting commission of the State in carrying out its 

22 duties under this Act. 

23 (3) HEARING; PUBLIC PARTICIPATION.—In de24 veloping a redistricting plan for a State, the Court 

25 shall— 


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1 (A) hold one or more evidentiary hearings 

2 at which interested members of the public may 

3 appear and be heard and present testimony, in4 cluding expert testimony, in accordance with 

5 the rules of the Court; and 

6 (B) consider other submissions and com7 ments by the public, including proposals for re8 districting plans to cover the entire State or 

9 any portion of the State. 

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

11 development and publication of a redistricting plan 

12 for a State under this section, the Court may ap13 point a special master to make recommendations to 

14 the Court on possible plans for the State. 

15 (d) PUBLICATION OF PLAN.— 

16 (1) PUBLIC AVAILABILITY OF INITIAL PLAN.— 

17 Upon completing the development of one or more 

18 initial redistricting plans, the Court shall make the 

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

20 also make available the underlying data used by the 

21 Court to develop the plans and a written evaluation 

22 of the plans against external metrics (as described in 

23 section 203(e)). 

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

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


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1 begins on the date the Court makes the plans avail2 able to the public under paragraph (1), and taking 

3 into consideration any submissions and comments by 

4 the public which are received during such period, the 

5 Court shall develop and publish the final redis6 tricting plan for the State. 

7 (e) USE OF INTERIM PLAN.—In the event that the 

8 Court is not able to develop and publish a final redis9 tricting plan for the State with sufficient time for an up10 coming election to proceed, the Court may develop and 

11 publish an interim redistricting plan which shall serve as 

12 the redistricting plan for the State until the Court devel13 ops and publishes a final plan in accordance with this sec14 tion. Nothing in this subsection may be construed to limit 

15 or otherwise affect the authority or discretion of the Court 

16 to develop and publish the final redistricting plan, includ17 ing but not limited to the discretion to make any changes 

18 the Court deems necessary to an interim redistricting 

19 plan. 

20 (f) TRIGGERING EVENTS DESCRIBED.—The ‘‘trig21 gering events’’ described in this subsection are as follows: 

22 (1) The failure of the State to establish or des23 ignate a nonpartisan agency of the State legislature 

24 under section 204(a) prior to the expiration of the 

25 deadline set forth in section 204(a)(5). 


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1 (2) The failure of the State to appoint a Select 

2 Committee on Redistricting under section 204(b) 

3 prior to the expiration of the deadline set forth in 

4 section 204(b)(4). 

5 (3) The failure of the Select Committee on Re6 districting to approve any selection pool under sec7 tion 202 prior to the expiration of the deadline set 

8 forth for the approval of the second replacement se9 lection pool in section 202(d)(2). 

10 (4) The failure of the independent redistricting 

11 commission of the State to approve a final redis12 tricting plan for the State prior to the expiration of 

13 the deadline set forth in section 203(f). 

14 SEC. 302. SPECIAL RULE FOR REDISTRICTING CONDUCTED 

15 UNDER ORDER OF FEDERAL COURT. 

16 If a Federal court requires a State to conduct redis17 tricting subsequent to an apportionment of Representa18 tives in the State in order to comply with the Constitution 

19 or to enforce the Voting Rights Act of 1965, section 203 

20 shall apply with respect to the redistricting, except that 

21 the court may revise any of the deadlines set forth in such 

22 section if the court determines that a revision is appro23 priate in order to provide for a timely enactment of a new 

24 redistricting plan for the State. 


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1 TITLE IV—ADMINISTRATIVE AND 

2 MISCELLANEOUS PROVISIONS 

3 SEC. 401. PAYMENTS TO STATES FOR CARRYING OUT RE4 DISTRICTING. 

5 (a) AUTHORIZATION OF PAYMENTS.—Subject to sub6 section (d), not later than 30 days after a State receives 

7 a State apportionment notice, the Election Assistance 

8 Commission shall, subject to the availability of appropria9 tions provided pursuant to subsection (e), make a payment 

10 to the State in an amount equal to the product of— 

11 (1) the number of Representatives to which the 

12 State is entitled, as provided under the notice; and 

13 (2) $150,000. 

14 (b) USE OF FUNDS.—A State shall use the payment 

15 made under this section to establish and operate the 

16 State’s independent redistricting commission, to imple17 ment the State redistricting plan, and to otherwise carry 

18 out congressional redistricting in the State. 

19 (c) NO PAYMENT TO STATES WITH SINGLE MEM20 BER.—The Election Assistance Commission shall not 

21 make a payment under this section to any State which 

22 is not entitled to more than one Representative under its 

23 State apportionment notice. 

24 (d) REQUIRING SUBMISSION OF SELECTION POOL AS

25 CONDITION OF PAYMENT.— 


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1 (1) REQUIREMENT.—Except as provided in 

2 paragraph (2) and paragraph (3), the Election As3 sistance Commission may not make a payment to a 

4 State under this section until the State certifies to 

5 the Commission that the nonpartisan agency estab6 lished or designated by a State under section 204(a) 

7 has, in accordance with section 202(b)(1), submitted 

8 a selection pool to the Select Committee on Redis9 tricting for the State established under section 

10 204(b). 

11 (2) EXCEPTION FOR STATES WITH EXISTING

12 COMMISSIONS.—In the case of a State which, pursu13 ant to section 101(c), is exempt from the require14 ments of section 101(a), the Commission may not 

15 make a payment to the State under this section until 

16 the State certifies to the Commission that its redis17 tricting commission meets the requirements of sec18 tion 101(c). 

19 (3) EXCEPTION FOR STATE OF IOWA.—In the 

20 case of the State of Iowa, the Commission may not 

21 make a payment to the State under this section until 

22 the State certifies to the Commission that it will 

23 carry out congressional redistricting pursuant to the 

24 State’s apportionment notice in accordance with a 

25 plan developed by the Iowa Legislative Services 


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1 Agency with the assistance of a Temporary Redis2 tricting Advisory Commission, as provided under the 

3 law described in section 101(d). 

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as may be 

6 necessary for payments under this section. 

7 SEC. 402. CIVIL ENFORCEMENT. 

8 (a) CIVIL ENFORCEMENT.— 

9 (1) ACTIONS BY ATTORNEY GENERAL.—The At10 torney General may bring a civil action in an appro11 priate district court for such relief as may be appro12 priate to carry out this Act. 

13 (2) AVAILABILITY OF PRIVATE RIGHT OF AC14 TION.—Any citizen of a State who is aggrieved by 

15 the failure of the State to meet the requirements of 

16 this Act may bring a civil action in the United 

17 States district court for the applicable venue for 

18 such relief as may be appropriate to remedy the fail19 ure. For purposes of this section, the ‘‘applicable 

20 venue’’ is the District of Columbia or the judicial 

21 district in which the capital of the State is located, 

22 as selected by the person who brings the civil action. 

23 (b) EXPEDITED CONSIDERATION.—In any action 

24 brought forth under this section, the following rules shall 

25 apply: 


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1 (1) The action shall be filed in the district court 

2 of the United States for the District of Columbia or 

3 for the judicial district in which the capital of the 

4 State is located, as selected by the person bringing 

5 the action. 

6 (2) The action shall be heard by a 3-judge 

7 court convened pursuant to section 2284 of title 28, 

8 United States Code. 

9 (3) The 3-judge court shall consolidate actions 

10 brought for relief under subsection (b)(1) with re11 spect to the same State redistricting plan. 

12 (4) A copy of the complaint shall be delivered 

13 promptly to the Clerk of the House of Representa14 tives and the Secretary of the Senate. 

15 (5) A final decision in the action shall be re16 viewable only by appeal directly to the Supreme 

17 Court of the United States. Such appeal shall be 

18 taken by the filing of a notice of appeal within 10 

19 days, and the filing of a jurisdictional statement 

20 within 30 days, of the entry of the final decision. 

21 (6) It shall be the duty of the district court and 

22 the Supreme Court of the United States to advance 

23 on the docket and to expedite to the greatest pos24 sible extent the disposition of the action and appeal. 


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1 (c) ATTORNEY’S FEES.—In a civil action under this 

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

3 than the United States) reasonable attorney fees, includ4 ing litigation expenses, and costs. 

5 (d) RELATION TO OTHER LAWS.— 

6 (1) RIGHTS AND REMEDIES ADDITIONAL TO

7 OTHER RIGHTS AND REMEDIES.—The rights and 

8 remedies established by this section are in addition 

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

10 neither the rights and remedies established by this 

11 section nor any other provision of this Act shall su12 persede, restrict, or limit the application of the Vot13 ing Rights Act of 1965 (52 U.S.C. 10301 et seq.). 

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

15 this Act authorizes or requires conduct that is pro16 hibited by the Voting Rights Act of 1965 (52 U.S.C. 

17 10301 et seq.). 

18 SEC. 403. STATE APPORTIONMENT NOTICE DEFINED. 

19 In this Act, the ‘‘State apportionment notice’’ means, 

20 with respect to a State, the notice sent to the State from 

21 the Clerk of the House of Representatives under section 

22 22(b) of the Act entitled ‘‘An Act to provide for the fif23 teenth and subsequent decennial censuses and to provide 

24 for an apportionment of Representatives in Congress’’, apVerDate Sep 11 2014 21:42 Jul 09, 2019 Jkt 089200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H3572.IH H3572

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1 proved June 18, 1929 (2 U.S.C. 2a), of the number of 

2 Representatives to which the State is entitled. 

3 SEC. 404. NO EFFECT ON ELECTIONS FOR STATE AND 

4 LOCAL OFFICE. 

5 Nothing in this Act or in any amendment made by 

6 this Act may be construed to affect the manner in which 

7 a State carries out elections for State or local office, in8 cluding the process by which a State establishes the dis9 tricts used in such elections. 

10 SEC. 405. EFFECTIVE DATE. 

11 This Act and the amendments made by this Act shall 

12 apply with respect to redistricting carried out pursuant to 

13 the decennial census conducted during 2020 or any suc14 ceeding decennial census. 

Æ 


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