I 

111TH CONGRESS 

2D SESSION H. R. 4918 

To require States to carry out Congressional redistricting in accordance 

with a process under which members of the public are informed of 

redistricting proposals and have the opportunity to participate in the 

development of such proposals prior to their adoption, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 23, 2010 

Mr. TANNER (for himself and Mr. CASTLE) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To require States to carry out Congressional redistricting 

in accordance with a process under which members of 

the public are informed of redistricting proposals and 

have the opportunity to participate in the development 

of such proposals prior to their adoption, 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; FINDING OF CONSTITUTIONAL 

4 AUTHORITY. 

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

6 ‘‘Redistricting Transparency Act of 2010’’. 


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1 (b) FINDING.—Congress finds that it has the author2 ity to require States to follow certain procedures in car3 rying out Congressional redistricting after an apportion4 ment of Members of the House of Representatives be5 cause— 

6 (1) the authority granted to Congress under ar7 ticle I, section 4 of the Constitution of the United 

8 States gives Congress the power to enact laws gov9 erning the time, place, and manner of elections for 

10 Members of the House of Representatives; and 

11 (2) the authority granted to Congress under 

12 section 5 of the 14th Amendment to the Constitu13 tion gives Congress the power to enact laws to en14 force section 2 of such Amendment, which requires 

15 Representatives to be apportioned among the several 

16 States according to their number. 

17 SEC. 2. REQUIRING REDISTRICTING TO BE CONDUCTED 

18 UNDER PROCEDURES PROVIDING OPPOR19 TUNITY FOR PUBLIC PARTICIPATION. 

20 (a) REQUIREMENT.— 

21 (1) IN GENERAL.—Notwithstanding any other 

22 provision of law, any Congressional redistricting con23 ducted by a State shall be conducted in accordance 

24 with a process under which the entity responsible for 

25 developing Congressional redistricting plans in the 


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1 State (hereafter in this Act referred to as the ‘‘State 

2 redistricting entity’’)— 

3 (A) in accordance with section 3, estab4 lishes and operates an Internet site; 

5 (B) in accordance with section 4, provides 

6 opportunities for participation by members of 

7 the public in the initial development of such 

8 plans; 

9 (C) in accordance with section 5, provides 

10 opportunities for members of the public to re11 spond to the proposed final Congressional redis12 tricting plan; and 

13 (D) in accordance with section 6, notifies 

14 members of the public regarding the final Con15 gressional redistricting plan adopted for the 

16 State. 

17 (2) OTHER PROCEDURES PERMITTED.—Noth18 ing in this Act or the amendments made by this Act 

19 may be construed to prohibit a State from con20 ducting Congressional redistricting in accordance 

21 with such procedures as the State considers appro22 priate, to the extent that such procedures are con23 sistent with the applicable requirements of this Act 

24 and the amendments made by this Act. 


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1 (3) NO EFFECT ON REDISTRICTING FOR STATE

2 OR LOCAL ELECTIONS.—Nothing in this Act or the 

3 amendments made by this Act may be construed to 

4 affect any procedures a State or a unit of local gov5 ernment in a State may use to conduct redistricting 

6 with respect to elections for State or local offices. 

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

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

9 subsequent decennial censuses and to provide for an ap10 portionment of Representatives in Congress’’, approved 

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

12 ‘‘in the manner provided by the law thereof’’ and insert13 ing: ‘‘in a manner consistent with the requirements of the 

14 Redistricting Transparency Act of 2010’’. 

15 SEC. 3. PUBLIC INTERNET SITE FOR STATE REDISTRICTING 

16 ENTITY. 

17 (a) ESTABLISHMENT AND OPERATION OF SITE.— 

18 Each State redistricting entity shall establish and main19 tain a public Internet site which meets the following re20 quirements: 

21 (1) The site is updated continuously to provide 

22 advance notice of meetings held by the entity and to 

23 otherwise provide timely information on the entity’s 

24 activities. 


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1 (2) The site contains the most recent available 

2 information from the Bureau of the Census on vot3 ing-age population, voter registration, and voting re4 sults in the State, including precinct-level and cen5 sus tract-level data with respect to such information, 

6 as well as detailed maps reflecting such information. 

7 (3) The site permits any individual to submit 

8 comments on any plan proposed by the entity, and 

9 to submit questions, comments, and other informa10 tion with respect to the entity’s activities. 

11 (4) The site includes any other information the 

12 entity is required to post under this Act. 

13 (b) DEADLINE FOR POSTING OF COMMENTS SUB14 MITTED BY PUBLIC.—The State redistricting entity shall 

15 ensure that any comment submitted by a member of the 

16 public to the site established under this section, including 

17 a comment on any plan proposed by the entity or any 

18 other person, and any other comment relating to Congres19 sional redistricting in the State, is posted on the site not 

20 later than 72 hours after submission. 

21 (c) UPDATING OF INFORMATION.—The State redis22 tricting entity shall take all actions necessary to ensure 

23 that the site established under this section is updated con24 tinuously to provide timely advance notice of the entity’s 


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1 meetings and to otherwise provide timely information on 

2 the entity’s activities. 

3 (d) DEADLINE.—The State redistricting entity shall 

4 establish the site under this section as soon as practicable 

5 after the completion of the regular decennial census, but 

6 in no case later than the final deadline provided under 

7 section 22(b) of the Act entitled ‘‘An Act to provide for 

8 the fifteenth and subsequent decennial censuses and to 

9 provide for an apportionment of Representatives in Con10 gress’’, approved June 18, 1929 (2 U.S.C. 2a), for the 

11 Clerk of the House of Representatives to transmit to the 

12 State the notice of the number of Representatives to which 

13 the State is entitled in the following Congress. 

14 SEC. 4. OPPORTUNITIES FOR PARTICIPATION IN INITIAL 

15 DEVELOPMENT OF CONGRESSIONAL REDIS16 TRICTING PLANS. 

17 During the 60-day period which begins on the date 

18 the State receives the notice referred to in section 3(d), 

19 the State redistricting entity shall solicit the input of 

20 members of the public in its work to develop initial Con21 gressional redistricting plans for the State by carrying out 

22 the following activities: 

23 (1) Publishing and posting on the Internet site 

24 established under section 3 the criteria which the enVerDate Nov 24 2008 01:07 Mar 24, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4918.IH H4918

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1 tity will use to develop the Congressional redis2 tricting plan for the State. 

3 (2) Holding at least one hearing in the State at 

4 which members of the public may provide comments 

5 on such criteria and any other issues relating to 

6 Congressional redistricting in the State. 

7 (3) Publishing and posting the transcript of 

8 each such hearing, or posting a link to a video re9 cording of each such hearing, on the Internet site 

10 not later than 7 days after the conclusion of the 

11 hearing. 

12 SEC. 5. OPPORTUNITIES TO RESPOND TO PROPOSED FINAL 

13 CONGRESSIONAL REDISTRICTING PLAN 

14 ADOPTED BY REDISTRICTING ENTITY. 

15 (a) NOTICE OF FINAL PLAN.—Not later than 10 

16 days prior to adopting a final Congressional redistricting 

17 plan for the State, the State redistricting entity shall post 

18 on the Internet site established under section 3 (and, if 

19 practicable, cause to have published in newspapers of gen20 eral circulation throughout the State) the following infor21 mation: 

22 (1) A detailed version of the proposed final 

23 plan, including— 

24 (A) a map showing each Congressional dis25 trict established under the plan; 


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1 (B) a statement of the voting age popu2 lation by race and membership in a language 

3 minority group of each such district; and 

4 (C) a statement of the number of reg5 istered voters in each such district, broken 

6 down by political party affiliation to the extent 

7 that such information is available under State 

8 law. 

9 (2) A statement explaining the entity’s reasons 

10 for adopting the proposed final plan and the reasons 

11 why the adoption of the plan will best serve the pub12 lic interest. 

13 (3) Any dissenting statement of any member of 

14 the entity who did not approve the proposed final 

15 plan. 

16 (4) A statement that members of the public 

17 may submit comments regarding the proposed final 

18 plan through the Internet site, together with infor19 mation on how members of the public may submit 

20 such comments to the entity through other methods. 

21 (b) PUBLIC HEARING PRIOR TO ADOPTION OF FINAL

22 PLAN.—Not later than 7 days prior to adopting the final 

23 Congressional redistricting plan for the State, the State 

24 redistricting entity shall hold at least one hearing in the 

25 State at which members of the public may provide comVerDate Nov 24 2008 01:07 Mar 24, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4918.IH H4918

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1 ments on the plan and members of the entity may explain 

2 the reasons why the adoption of the plan will best serve 

3 the public interest. The entity shall publish and post the 

4 transcript of each such hearing, or post a link to a video 

5 recording of each such hearing, on the Internet site estab6 lished under section 3. 

7 (c) TREATMENT OF AMENDED AND NEW PLANS.— 

8 If, in response to public comment or for any other reason, 

9 the State redistricting entity posts an amended version of 

10 the proposed final Congressional redistricting plan which 

11 is posted on the Internet site under subsection (a) or posts 

12 a new proposed final Congressional redistricting plan, sub13 sections (a) and (b) shall apply with respect to the amend14 ed version of the plan or the new plan in the same manner 

15 as such subsections apply with respect to the proposed 

16 final plan which is first posted under subsection (a), ex17 cept to the extent that the application of such subsections 

18 would require the entity to violate a deadline established 

19 by State law for the submission of a final Congressional 

20 redistricting plan to the State legislature. 

21 SEC. 6. NOTICE OF FINAL ADOPTED CONGRESSIONAL RE22 DISTRICTING PLAN. 

23 Not later than 7 days after the State redistricting 

24 entity adopts the final Congressional redistricting plan for 

25 the State, the entity shall post on the Internet site estabVerDate Nov 24 2008 01:07 Mar 24, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4918.IH H4918

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1 lished under section 3 (and, if practicable, cause to have 

2 published in newspapers of general circulation throughout 

3 the State) the following information: 

4 (1) A detailed version of the plan, including— 

5 (A) a map showing each Congressional dis6 trict established under the plan; 

7 (B) a statement for each such district of 

8 the total population and voting age population 

9 by race and membership in a language minority 

10 group; and 

11 (C) a statement of the number of reg12 istered voters in each such district, broken 

13 down by political party affiliation to the extent 

14 that such information is available under State 

15 law. 

16 (2) To the extent that the State maintains data 

17 on the number of registered voters by race and 

18 membership in a language minority group, a state19 ment for each such district of the number of reg20 istered voters by race and membership in a language 

21 minority group. 

22 (3) A statement explaining the entity’s reasons 

23 for adopting the plan and the reasons why the adop24 tion of the plan will best serve the public interest. 


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1 (4) Any dissenting statements of any members 

2 of the entity who did not approve the plan. 

3 SEC. 7. EFFECTIVE DATE. 

4 This Act and the amendments made by this Act shall 

5 apply with respect to any Congressional redistricting 

6 which occurs after the regular decennial census conducted 

7 during 2010. 

Æ 


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