I 

115TH CONGRESS 

1ST SESSION H. R. 712 

To prohibit States from carrying out more than one Congressional redistricting after a decennial census and apportionment, to require States 

to conduct such redistricting through independent commissions, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 27, 2017 

Mr. COOPER (for himself, Mr. PETERSON, Ms. SINEMA, Mr. COSTA, Mr. 

SCHRADER, Mrs. MURPHY of Florida, Mr. QUIGLEY, and Mr. 

O’HALLERAN) introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To prohibit States from carrying out more than one Congressional redistricting after a decennial census and apportionment, to require States to conduct such redistricting 

through independent 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. 

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

4 ‘‘John Tanner Fairness and Independence in Redistricting 

5 Act’’. 

6 (b) FINDING.—Congress finds that it has the author7 ity to establish the terms and conditions States must fol8 low in carrying out Congressional redistricting after an 

9 apportionment of Members of the House of Representa10 tives because— 

11 (1) the authority granted to Congress under ar12 ticle I, section 4 of the Constitution of the United 

13 States gives Congress the power to enact laws gov14 erning the time, place, and manner of elections for 

15 Members of the House of Representatives; and 

16 (2) the authority granted to Congress under 

17 section 5 of the fourteenth amendment to the Con18 stitution gives Congress the power to enact laws to 

19 enforce section 2 of such amendment, which requires 

20 Representatives to be apportioned among the several 

21 States according to their number. 

22 SEC. 2. LIMIT ON CONGRESSIONAL REDISTRICTING AFTER 

23 AN APPORTIONMENT. 

24 The Act entitled ‘‘An Act for the relief of Doctor Ri25 cardo Vallejo Samala and to provide for congressional re26 districting’’, approved December 14, 1967 (2 U.S.C. 2c), 


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1 is amended by adding at the end the following: ‘‘A State 

2 which has been redistricted in the manner provided by law 

3 after an apportionment under section 22(a) of the Act en4 titled ‘An Act to provide for the fifteenth and subsequent 

5 decennial censuses and to provide for an apportionment 

6 of Representatives in Congress’, approved June 18, 1929 

7 (2 U.S.C. 2a), may not be redistricted again until after 

8 the next apportionment of Representatives under such sec9 tion, unless a court requires the State to conduct such 

10 subsequent redistricting to comply with the Constitution 

11 or to enforce the Voting Rights Act of 1965 (52 U.S.C. 

12 10301 et seq.).’’. 

13 SEC. 3. REQUIRING REDISTRICTING TO BE CONDUCTED 

14 THROUGH PLAN OF INDEPENDENT STATE 

15 COMMISSION OR PLAN OF HIGHEST STATE 

16 COURT. 

17 (a) USE OF PLAN REQUIRED.— 

18 (1) IN GENERAL.—Notwithstanding any other 

19 provision of law, any Congressional redistricting con20 ducted by a State shall be conducted in accordance 

21 with— 

22 (A) the redistricting plan developed by the 

23 independent redistricting commission estab24 lished in the State, in accordance with section 

25 4; or 


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1 (B) if the plan developed by such commis2 sion is not enacted into law, the redistricting 

3 plan selected by the highest court in the State 

4 or developed by a United States district court, 

5 in accordance with section 5. 

6 (2) TREATMENT OF COMMISSIONS ESTAB7 LISHED PURSUANT TO LAWS ENACTED PRIOR TO EN8 ACTMENT.—If Congressional redistricting in a State 

9 is conducted in accordance with a redistricting plan 

10 developed by a commission which was established in 

11 the State pursuant to a law enacted prior to the 

12 date of the enactment of this Act, the redistricting 

13 shall be deemed to meet the requirement of subpara14 graph (A) of paragraph (1). 

15 (3) OTHER CRITERIA AND PROCEDURES PER16 MITTED.—Nothing in this Act or the amendments 

17 made by this Act may be construed to prohibit a 

18 State from conducting Congressional redistricting in 

19 accordance with such criteria and procedures as the 

20 State considers appropriate, to the extent that such 

21 criteria and procedures are consistent with the appli22 cable requirements of this Act and the amendments 

23 made by this Act. 

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

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


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1 subsequent decennial censuses and to provide for an ap2 portionment of Representatives in Congress’’, approved 

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

4 ‘‘in the manner provided by the law thereof’’ and insert5 ing: ‘‘in the manner provided by the John Tanner Fair6 ness and Independence in Redistricting Act’’. 

7 SEC. 4. INDEPENDENT REDISTRICTING COMMISSION. 

8 (a) ADMINISTRATIVE MATTERS.— 

9 (1) APPOINTMENT OF MEMBERS.—Each State 

10 shall establish an independent redistricting commis11 sion composed of— 

12 (A) a chair, who shall be appointed by ma13 jority vote of the other members of the commis14 sion; and 

15 (B) an equal number of members (but not 

16 fewer than 1) from each of the following cat17 egories: 

18 (i) Members appointed by a member 

19 of the upper house of the State legislature 

20 who represents the political party with the 

21 greatest number of seats in that house. 

22 (ii) Members appointed by a member 

23 of the upper house of the State legislature 

24 who represents the political party with the 


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1 second greatest number of seats in that 

2 house. 

3 (iii) Members appointed by a member 

4 of the lower house of the State legislature 

5 who represents the political party with the 

6 greatest number of seats in that house. 

7 (iv) Members appointed by a member 

8 of the lower house of the State legislature 

9 who represents the political party with the 

10 second greatest number of seats in that 

11 house. 

12 (2) SPECIAL RULE FOR STATES WITH UNICAM13 ERAL LEGISLATURE.—In the case of a State with a 

14 unicameral legislature, the independent redistricting 

15 commission established under this subsection shall 

16 be composed of— 

17 (A) a chair, who shall be appointed by ma18 jority vote of the other members of the commis19 sion; and 

20 (B) an equal number of members (but not 

21 fewer than 2) from each of the following cat22 egories: 

23 (i) Members appointed by a member 

24 of the legislature who shall be selected by 

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1 mittee of the legislature to represent the 

2 State political party whose candidate for 

3 chief executive of the State received the 

4 greatest number of votes on average in the 

5 3 most recent general elections for that of6 fice. 

7 (ii) Members appointed by a member 

8 of the legislature who shall be selected by 

9 the chair of the Government Affairs Com10 mittee of the legislature to represent the 

11 State political party whose candidate for 

12 chief executive of the State received the 

13 second greatest number of votes on aver14 age in the 3 most recent general elections 

15 for that office. 

16 (3) ELIGIBILITY.—An individual is eligible to 

17 serve as a member of an independent redistricting 

18 commission if— 

19 (A) as of the date of appointment, the in20 dividual is registered to vote in elections for 

21 Federal office held in the State, and was reg22 istered to vote in the 2 most recent general 

23 elections for Federal office held in the State; 

24 (B) the individual did not hold public office 

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1 fice, or serve as an employee of a political party 

2 or candidate for election for public office, at 

3 any time during the 4-year period ending on the 

4 December 31 preceding the date of appoint5 ment; and 

6 (C) the individual certifies that he or she 

7 will not run as a candidate for the office of 

8 Representative in the Congress until after the 

9 next apportionment of Representatives under 

10 section 22(a) of the Act entitled ‘‘An Act to 

11 provide for the fifteenth and subsequent decen12 nial censuses and to provide for an apportion13 ment of Representatives in Congress’’, approved 

14 June 18, 1929 (2 U.S.C. 2a). 

15 (4) VACANCY.—A vacancy in the commission 

16 shall be filled in the manner in which the original 

17 appointment was made. 

18 (5) DEADLINE.—Each State shall establish a 

19 commission under this section, and the members of 

20 the commission shall appoint the commission’s chair, 

21 not later than the first February 1 which occurs 

22 after the chief executive of a State receives the State 

23 apportionment notice. 

24 (6) APPOINTMENT OF CHAIR REQUIRED PRIOR

25 TO DEVELOPMENT OF REDISTRICTING PLAN.—The 


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1 commission may not take any action to develop a re2 districting plan for the State under subsection (b) 

3 until the appointment of the commission’s chair in 

4 accordance with paragraph (1)(E). 

5 (7) REQUIRING ALL MEETINGS TO BE OPEN TO

6 PUBLIC.—The commission shall hold each of its 

7 meetings in public. 

8 (8) INTERNET SITE.—As soon as practicable 

9 after establishing the commission, the State shall es10 tablish and maintain a public Internet site for the 

11 commission which meets the following requirements: 

12 (A) The site is updated continuously to 

13 provide advance notice of commission meetings 

14 and to otherwise provide timely information on 

15 the activities of the commission. 

16 (B) The site contains the most recent 

17 available information from the Bureau of the 

18 Census on voting-age population, voter registra19 tion, and voting in the State, including pre20 cinct-level and census tract-level data with re21 spect to such information, as well as detailed 

22 maps reflecting such information. 

23 (C) The site includes interactive software 

24 to enable any individual to design a redis25 tricting plan for the State on the basis of the 


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1 information described in subparagraph (B), in 

2 accordance with the criteria described in sub3 section (b)(1). 

4 (D) The site permits any individual to sub5 mit a proposed redistricting plan to the com6 mission, and to submit questions, comments, 

7 and other information with respect to the com8 mission’s activities. 

9 (b) DEVELOPMENT OF REDISTRICTING PLAN.— 

10 (1) CRITERIA.—The independent redistricting 

11 commission of a State shall develop a redistricting 

12 plan for the State in accordance with the following 

13 criteria: 

14 (A) Adherence to the ‘‘one person, one 

15 vote’’ standard and other requirements imposed 

16 under the Constitution of the United States. 

17 (B) To the greatest extent mathematically 

18 possible, ensuring that the population of each 

19 Congressional district in the State does not 

20 vary from the population of any other Congres21 sional district in the State (as determined on 

22 the basis of the total count of persons of the 

23 most recent decennial census conducted by the 

24 Bureau of the Census). 


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1 (C) Consistency with any applicable re2 quirements of the Voting Rights Act of 1965 

3 and other Federal laws. 

4 (D) To the greatest extent practicable, the 

5 maintenance of the geographic continuity of the 

6 political subdivisions of the State which are in7 cluded in the same Congressional district, in the 

8 following order of priority: 

9 (i) The continuity of counties or par10 ishes. 

11 (ii) The continuity of municipalities. 

12 (iii) The continuity of neighborhoods 

13 (as determined on the basis of census 

14 tracts or other relevant information). 

15 (E) To the greatest extent practicable, 

16 maintaining compact districts (in accordance 

17 with such standards as the commission may es18 tablish). 

19 (F) Ensuring that districts are contiguous 

20 (except to the extent necessary to include any 

21 area which is surrounded by a body of water). 

22 (2) FACTORS PROHIBITED FROM CONSIDER23 ATION.—In developing the redistricting plan for the 

24 State, the independent redistricting commission may 

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1 tors, except to the extent necessary to comply with 

2 the Voting Rights Act of 1965: 

3 (A) The voting history of the population of 

4 a Congressional district, except that the com5 mission may take such history into consider6 ation to the extent necessary to comply with 

7 any State law which requires the establishment 

8 of competitive Congressional districts. 

9 (B) The political party affiliation of the 

10 population of a district. 

11 (C) The residence of incumbent Members 

12 of the House of Representatives in the State. 

13 (3) SOLICITATION OF PUBLIC INPUT IN DEVEL14 OPMENT OF PLANS.—The commission shall solicit 

15 and take into consideration comments from the pub16 lic in developing the redistricting plan for the State 

17 by holding meetings in representative geographic re18 gions of the State at which members of the public 

19 may provide such input, and by otherwise soliciting 

20 input from the public (including redistricting plans 

21 developed by members of the public) through the 

22 commission Internet site and other methods. 

23 (4) PUBLIC NOTICE OF PLANS PRIOR TO SUB24 MISSION TO LEGISLATURE.—Not fewer than 7 days 

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1 lature of the State under subsection (c)(1), the com2 mission shall post on the commission Internet site 

3 and cause to have published in newspapers of gen4 eral circulation throughout the State a notice con5 taining the following information: 

6 (A) A detailed version of the plan, includ7 ing a map showing each Congressional district 

8 established under the plan and the voting age 

9 population by race of each such district. 

10 (B) A statement providing specific infor11 mation on how the adoption of the plan would 

12 serve the public interest. 

13 (C) Any dissenting statements of any 

14 members of the commission who did not ap15 prove of the submission of the plan to the legis16 lature. 

17 (c) SUBMISSION OF PLANS TO LEGISLATURE.— 

18 (1) IN GENERAL.—At any time prior to the 

19 first November 1 which occurs after the chief execu20 tive of the State receives the State apportionment 

21 notice, the commission may submit redistricting 

22 plans developed by the commission under this sec23 tion to the legislature of the State. 


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1 (2) CONSIDERATION OF PLAN BY LEGISLA2 TURE.—After receiving any redistricting plan under 

3 paragraph (1), the legislature of a State may— 

4 (A) approve the plan as submitted by the 

5 commission without amendment and forward 

6 the plan to the chief executive of the State; or 

7 (B) reject the plan. 

8 (3) ENACTMENT OF PLAN.— 

9 (A) IN GENERAL.—A redistricting plan de10 veloped by the commission shall be considered 

11 to be enacted into law only if the plan is for12 warded to the chief executive of the State pur13 suant to paragraph (2)(A) and— 

14 (i) the chief executive approves the 

15 plan as forwarded by the legislature with16 out amendment; or 

17 (ii) the chief executive vetoes the plan 

18 and the legislature overrides the veto in ac19 cordance with the applicable law of the 

20 State, except that at no time may the plan 

21 be amended. 

22 (B) SPECIAL RULE.—In the case of a 

23 State in which the chief executive is prohibited 

24 under State law from acting on a redistricting 

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1 mission shall be considered to be enacted into 

2 law if— 

3 (i) the plan is submitted to the legisla4 ture of the State; and 

5 (ii) the legislature approves the plan 

6 as submitted by the commission without 

7 amendment. 

8 (d) REQUIRING MAJORITY APPROVAL FOR AC9 TIONS.—The independent redistricting commission of a 

10 State may not submit a redistricting plan to the State leg11 islature, or take any other action, without the approval 

12 of at least a majority of its members given at a meeting 

13 at which at least a majority of its members are present. 

14 (e) TERMINATION.— 

15 (1) IN GENERAL.—The independent redis16 tricting commission of a State shall terminate on the 

17 day after the date of the first regularly scheduled 

18 general election for Federal office which occurs after 

19 the chief executive of the State receives the State 

20 apportionment notice. 

21 (2) PRESERVATION OF RECORDS.—The State 

22 shall ensure that the records of the independent re23 districting commission are retained in the appro24 priate State archive in such manner as may be nec25 essary to enable the State to respond to any civil acVerDate Sep 11 2014 00:51 Feb 03, 2017 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H712.IH H712

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1 tion brought with respect to Congressional redis2 tricting in the State. 

3 SEC. 5. SELECTION OF PLAN BY COURTS. 

4 (a) STATE COURT.— 

5 (1) SUBMISSION AND SELECTION OF PLAN.—If 

6 a redistricting plan developed by the independent re7 districting commission of a State is not enacted into 

8 law under section 4(c)(3) by the first November 1 

9 which occurs after the chief executive of the State 

10 receives the State apportionment notice, the commis11 sion may submit redistricting plans developed by the 

12 commission in accordance with section 4 to the high13 est court of the State, which may select and publish 

14 one of the submitted plans to serve as the redis15 tricting plan for the State. 

16 (2) NO MODIFICATION OF PLAN PERMITTED.— 

17 The highest court of a State may not modify any re18 districting plan submitted under this subsection. 

19 (b) FEDERAL COURT.— 

20 (1) FAILURE OF STATE COURT TO SELECT

21 PLAN.— 

22 (A) NOTICE TO COURT IF PLAN NOT SE23 LECTED BY STATE COURT.—If a State court to 

24 whom redistricting plans have been submitted 

25 under subsection (a) does not select a plan to 


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1 serve as the redistricting plan for the State 

2 under such subsection on or before the first De3 cember 1 which occurs after the chief executive 

4 of the State receives the State apportionment 

5 notice, the State shall file a notice with the 

6 United States district court for the district in 

7 which the capital of the State is located. 

8 (B) DEVELOPMENT AND SELECTION OF

9 PLAN BY FEDERAL COURT.—Not later than 30 

10 days after receiving a notice from a State under 

11 subparagraph (A), the court shall develop and 

12 publish a final redistricting plan for the State. 

13 (2) FAILURE OF STATE TO ESTABLISH COMMIS14 SION.— 

15 (A) IN GENERAL.—If a State does not es16 tablish an independent redistricting commission 

17 under section 4 by the first September 1 which 

18 occurs after the chief executive of the State re19 ceives the State apportionment notice— 

20 (i) the State may not establish the 

21 commission; and 

22 (ii) the United States district court 

23 for the district in which the capital of the 

24 State is located shall develop and publish 

25 a final redistricting plan for the State not 


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1 later than the first December 1 which oc2 curs after the chief executive of the State 

3 receives the State apportionment notice. 

4 (B) DETERMINATION OF FAILURE TO ES5 TABLISH COMMISSION.—For purposes of sub6 paragraph (A), a State shall be considered to 

7 have failed to establish an independent redis8 tricting commission by the date referred to in 

9 such subparagraph if a chair of the commission 

10 has not been appointed on or before such date. 

11 (3) CRITERIA.—It is the sense of Congress 

12 that, in developing a redistricting plan for a State 

13 under this subsection, the district court should ad14 here to the same terms and conditions that applied 

15 to the development of the plan of the commission 

16 under section 4(b). 

17 (c) ACCESS TO INFORMATION AND RECORDS OF

18 COMMISSION.—A court which is required to select, pub19 lish, or develop a redistricting plan for a State under this 

20 section shall have access to any information, data, soft21 ware, or other records and material used by the inde22 pendent redistricting commission of the State in carrying 

23 out its duties under this Act. 


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1 SEC. 6. SPECIAL RULE FOR REDISTRICTING CONDUCTED 

2 UNDER ORDER OF FEDERAL COURT. 

3 If a Federal court requires a State to conduct redis4 tricting subsequent to an apportionment of Representa5 tives in the State in order to comply with the Constitution 

6 or to enforce the Voting Rights Act of 1965, sections 4 

7 and 5 shall apply with respect to the redistricting, except 

8 that— 

9 (1) the deadline for the establishment of the 

10 independent redistricting commission and the ap11 pointment of the commission’s chair (as described in 

12 section 4(a)(5)) shall be the expiration of the 30-day 

13 period which begins on the date of the final order of 

14 the Federal court to conduct the redistricting; 

15 (2) the deadline for the submission of redis16 tricting plans to the legislature by the commission, 

17 and the date of the termination of the commission 

18 (as described in section 4(c)(1) and section 4(e)) 

19 shall be the expiration of the 150-day period which 

20 begins on the date of the final order of the Federal 

21 court to conduct the redistricting; 

22 (3) the deadline for the selection and publica23 tion of the plan by the highest court of the State (as 

24 described in section 5(a)) shall be the expiration of 

25 the 180-day period which begins on the date of the 


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1 final order of the Federal court to conduct the redis2 tricting; and 

3 (4) the deadline for the selection and publica4 tion of the plan by the district court of the United 

5 States (as described in section 5(b)) shall be the ex6 piration of the 210-day period which begins on the 

7 date of the final order of the Federal court to con8 duct the redistricting. 

9 SEC. 7. PAYMENTS TO STATES FOR CARRYING OUT REDIS10 TRICTING. 

11 (a) AUTHORIZATION OF PAYMENTS.—Subject to sub12 section (d), not later than 30 days after a State receives 

13 a State apportionment notice, the Election Assistance 

14 Commission shall make a payment to the State in an 

15 amount equal to the product of— 

16 (1) the number of Representatives to which the 

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

18 (2) $150,000. 

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

20 made under this section to establish and operate the 

21 State’s independent redistricting commission, to imple22 ment the State redistricting plan, and to otherwise carry 

23 out Congressional redistricting in the State. 

24 (c) NO PAYMENT TO STATES WITH SINGLE MEM25 BER.—The Election Assistance Commission shall not 


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1 make a payment under this section to any State which 

2 is not entitled to more than one Representative under its 

3 State apportionment notice. 

4 (d) REQUIRING ESTABLISHMENT OF COMMISSION AS

5 CONDITION OF PAYMENT.—The Election Assistance Com6 mission may not make a payment to a State under this 

7 section until the State certifies to the Commission that 

8 the State has established an independent redistricting 

9 commission, and that a chair of the commission has been 

10 appointed, in accordance with section 4. 

11 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated such sums as may be 

13 necessary for payments under this section. 

14 SEC. 8. STATE APPORTIONMENT NOTICE DEFINED. 

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

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

17 the Clerk of the House of Representatives under section 

18 22(b) of the Act entitled ‘‘An Act to provide for the fif19 teenth and subsequent decennial censuses and to provide 

20 for an apportionment of Representatives in Congress’’, ap21 proved June 18, 1929 (2 U.S.C. 2a), of the number of 

22 Representatives to which the State is entitled. 


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1 SEC. 9. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL 

2 OFFICE. 

3 Nothing in this Act or in any amendment made by 

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

5 a State carries out elections for State or local office, in6 cluding the process by which a State establishes the dis7 tricts used in such elections. 

8 SEC. 10. EFFECTIVE DATE. 

9 This Act and the amendments made by this Act shall 

10 apply with respect to any Congressional redistricting 

11 which occurs after the regular decennial census conducted 

12 during 2020. 

Æ 


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