336 
egories of the approved selection pool described in 
section 2412(b)(1). 
(3) REPORTS ON EXPENDITURES FOR POLIT-
ICAL ACTIVITY.— 
(A) REPORT BY APPLICANTS.—Each indi-
vidual who applies for a position as an employee 
of the independent redistricting commission and 
each vendor who applies for a contract with the 
commission shall, at the time of applying, file 
with the commission a report summarizing— 
(i) any expenditure for political activ-
ity made by such individual or vendor dur-
ing the 10 most recent calendar years; and 
(ii) any income received by such indi-
vidual or vendor during the 10 most recent 
calendar years which is attributable to an 
expenditure for political activity. 
(B) ANNUAL
REPORTS
BY
EMPLOYEES 
AND VENDORS.—Each person who is an em-
ployee or vendor of the independent redis-
tricting commission shall, not later than 1 year 
after the person is appointed as an employee or 
enters into a contract as a vendor (as the case 
may be) and annually thereafter for each year 
during which the person serves as an employee
337 
or a vendor, file with the commission a report 
summarizing the expenditures and income de-
scribed in subparagraph (A) during the 10 most 
recent calendar years. 
(C) EXPENDITURE FOR POLITICAL ACTIV-
ITY
DEFINED.—In this paragraph, the term 
‘‘expenditure for political activity’’ means a dis-
bursement for any of the following: 
(i) An independent expenditure, as de-
fined in section 301(17) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 
30101(17)). 
(ii) An electioneering communication, 
as defined in section 304(f)(3) of such Act 
(52 U.S.C. 30104(f)(3)) or any other pub-
lic communication, as defined in section 
301(22) 
of 
such 
Act 
(52 
U.S.C. 
30101(22)) that would be an electioneering 
communication if it were a broadcast, 
cable, or satellite communication. 
(iii) Any dues or other payments to 
trade associations or organizations de-
scribed in section 501(c) of the Internal 
Revenue Code of 1986 and exempt from 
tax under section 501(a) of such Code that
338 
are, or could reasonably be anticipated to 
be, used or transferred to another associa-
tion or organization for a use described in 
paragraph (1), (2), or (4) of section 501(c) 
of such Code. 
(4) GOAL OF IMPARTIALITY.—The commission 
shall take such steps as it considers appropriate to 
ensure that any staff appointed under this sub-
section, and any vendor with whom the commission 
enters into a contract under this subsection, will 
work in an impartial manner, and may require any 
person who applies for an appointment to a staff po-
sition or for a vendor’s contract with the commission 
to provide information on the person’s history of po-
litical activity beyond the information on the per-
son’s expenditures for political activity provided in 
the reports required under paragraph (3) (including 
donations to candidates, political committees, and 
political parties) as a condition of the appointment 
or the contract. 
(5) DISQUALIFICATION; WAIVER.— 
(A) IN GENERAL.—The independent redis-
tricting commission may not appoint an indi-
vidual as an employee, and may not enter into 
a contract with a vendor, if the individual or
339 
vendor meets any of the criteria for the dis-
qualification of an individual from serving as a 
member of the commission which are set forth 
in section 2412(a)(2). 
(B) WAIVER.—The commission may by 
unanimous vote of its members waive the appli-
cation of subparagraph (A) to an individual or 
a vendor after receiving and reviewing the re-
port filed by the individual or vendor under 
paragraph (3). 
(d) TERMINATION.— 
(1) IN
GENERAL.—The independent redis-
tricting commission of a State shall terminate on the 
earlier of— 
(A) June 14 of the next year ending in the 
numeral zero; or 
(B) the day on which the nonpartisan 
agency established or designated by a State 
under section 2414(a) has, in accordance with 
section 2412(b)(1), submitted a selection pool 
to the Select Committee on Redistricting for the 
State established under section 2414(b). 
(2) PRESERVATION
OF
RECORDS.—The State 
shall ensure that the records of the independent re-
districting commission are retained in the appro-
340 
priate State archive in such manner as may be nec-
essary to enable the State to respond to any civil ac-
tion brought with respect to congressional redis-
tricting in the State. 
SEC. 2412. ESTABLISHMENT OF SELECTION POOL OF INDI-
VIDUALS ELIGIBLE TO SERVE AS MEMBERS 
OF COMMISSION. 
(a) CRITERIA FOR ELIGIBILITY.— 
(1) IN GENERAL.—An individual is eligible to 
serve as a member of an independent redistricting 
commission if the individual meets each of the fol-
lowing criteria: 
(A) As of the date of appointment, the in-
dividual is registered to vote in elections for 
Federal office held in the State. 
(B) During the 3-year period ending on 
the date of the individual’s appointment, the in-
dividual has been continuously registered to 
vote with the same political party, or has not 
been registered to vote with any political party. 
(C) The individual submits to the non-
partisan agency established or designated by a 
State under section 2413, at such time and in 
such form as the agency may require, an appli-
cation for inclusion in the selection pool under
341 
this section, and includes with the application a 
written statement, with an attestation under 
penalty of perjury, containing the following in-
formation and assurances: 
(i) The full current name and any 
former names of, and the contact informa-
tion for, the individual, including an elec-
tronic mail address, the address of the in-
dividual’s residence, mailing address, and 
telephone numbers. 
(ii) The individual’s race, ethnicity, 
gender, age, date of birth, and household 
income for the most recent taxable year. 
(iii) The political party with which the 
individual is affiliated, if any. 
(iv) The reason or reasons the indi-
vidual desires to serve on the independent 
redistricting commission, the individual’s 
qualifications, and information relevant to 
the ability of the individual to be fair and 
impartial, including, but not limited to— 
(I) any involvement with, or fi-
nancial support of, professional, so-
cial, political, religious, or community 
organizations or causes;
342 
(II) the individual’s employment 
and educational history. 
(v) An assurance that the individual 
shall commit to carrying out the individ-
ual’s duties under this subtitle in an hon-
est, independent, and impartial fashion, 
and to upholding public confidence in the 
integrity of the redistricting process. 
(vi) An assurance that, during the 
covered periods described in paragraph (3), 
the individual has not taken and will not 
take any action which would disqualify the 
individual from serving as a member of the 
commission under paragraph (2). 
(2) DISQUALIFICATIONS.—An individual is not 
eligible to serve as a member of the commission if 
any of the following applies during any of the cov-
ered periods described in paragraph (3): 
(A) The individual or (in the case of the 
covered periods described in subparagraphs (A) 
and (B) of paragraph (3)) an immediate family 
member of the individual holds public office or 
is a candidate for election for public office. 
(B) The individual or (in the case of the 
covered periods described in subparagraphs (A)
343 
and (B) of paragraph (3)) an immediate family 
member of the individual serves as an officer of 
a political party or as an officer, employee, or 
paid consultant of a campaign committee of a 
candidate for public office or of any political ac-
tion committee (as determined in accordance 
with the law of the State). 
(C) The individual or (in the case of the 
covered periods described in subparagraphs (A) 
and (B) of paragraph (3)) an immediate family 
member of the individual holds a position as a 
registered lobbyist under the Lobbying Disclo-
sure Act of 1995 (2 U.S.C. 1601 et seq.) or an 
equivalent State or local law. 
(D) The individual or (in the case of the 
covered periods described in subparagraphs (A) 
and (B) of paragraph (3)) an immediate family 
member of the individual is an employee of an 
elected public official, a contractor with the gov-
ernment of the State, or a donor to the cam-
paign of any candidate for public office or to 
any political action committee (other than a 
donor who, during any of such covered periods, 
gives an aggregate amount of $1,000 or less to
344 
the campaigns of all candidates for all public 
offices and to all political action committees). 
(E) The individual paid a civil money pen-
alty or criminal fine, or was sentenced to a 
term of imprisonment, for violating any provi-
sion of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101 et seq.). 
(F) The individual or (in the case of the 
covered periods described in subparagraphs (A) 
and (B) of paragraph (3)) an immediate family 
member of the individual is an agent of a for-
eign principal under the Foreign Agents Reg-
istration Act of 1938, as amended (22 U.S.C. 
611 et seq.). 
(3) COVERED
PERIODS
DESCRIBED.—In this 
subsection, the term ‘‘covered period’’ means, with 
respect to the appointment of an individual to the 
commission, any of the following: 
(A) The 10-year period ending on the date 
of the individual’s appointment. 
(B) The period beginning on the date of 
the individual’s appointment and ending on Au-
gust 14 of the next year ending in the numeral 
one.
345 
(C) The 10-year period beginning on the 
day after the last day of the period described in 
subparagraph (B). 
(4) IMMEDIATE FAMILY MEMBER DEFINED.—In 
this subsection, the term ‘‘immediate family mem-
ber’’ means, with respect to an individual, a father, 
stepfather, mother, stepmother, son, stepson, daugh-
ter, stepdaughter, brother, stepbrother, sister, step-
sister, husband, wife, father-in-law, or mother-in- 
law. 
(b) DEVELOPMENT AND SUBMISSION OF SELECTION 
POOL.— 
(1) IN GENERAL.—Not later than June 15 of 
each year ending in the numeral zero, the non-
partisan agency established or designated by a State 
under section 2414(a) shall develop and submit to 
the Select Committee on Redistricting for the State 
established under section 2414(b) a selection pool of 
36 individuals who are eligible to serve as members 
of the independent redistricting commission of the 
State under this subtitle, consisting of individuals in 
the following categories: 
(A) A majority category, consisting of 12 
individuals who are affiliated with the political 
party whose candidate received the most votes
346 
in the most recent statewide election for Fed-
eral office held in the State. 
(B) A minority category, consisting of 12 
individuals who are affiliated with the political 
party whose candidate received the second most 
votes in the most recent statewide election for 
Federal office held in the State. 
(C) An independent category, consisting of 
12 individuals who are not affiliated with either 
of the political parties described in subpara-
graph (A) or subparagraph (B). 
(2) FACTORS TAKEN INTO ACCOUNT IN DEVEL-
OPING POOL.—In selecting individuals for the selec-
tion pool under this subsection, the nonpartisan 
agency shall— 
(A) ensure that the pool is representative 
of the demographic groups (including racial, 
ethnic, economic, and gender) and geographic 
regions of the State, and includes applicants 
who would allow racial, ethnic, and language 
minorities protected under the Voting Rights 
Act of 1965 a meaningful opportunity to par-
ticipate in the development of the State’s redis-
tricting plan; and
347 
(B) take into consideration the analytical 
skills of the individuals selected in relevant 
fields (including mapping, data management, 
law, community outreach, demography, and the 
geography of the State) and their ability to 
work on an impartial basis. 
(3) INTERVIEWS
OF
APPLICANTS.—To assist 
the nonpartisan agency in developing the selection 
pool under this subsection, the nonpartisan agency 
shall conduct interviews of applicants under oath. If 
an individual is included in a selection pool devel-
oped under this section, all of the interviews of the 
individual shall be transcribed and the transcriptions 
made available on the nonpartisan agency’s website 
contemporaneously with release of the report under 
paragraph (6). 
(4) DETERMINATION OF POLITICAL PARTY AF-
FILIATION OF INDIVIDUALS IN SELECTION POOL.— 
For purposes of this section, an individual shall be 
considered to be affiliated with a political party only 
if the nonpartisan agency is able to verify (to the 
greatest extent possible) the information the indi-
vidual provides in the application submitted under 
subsection (a)(1)(D), including by considering addi-
tional information provided by other persons with
348 
knowledge of the individual’s history of political ac-
tivity. 
(5) ENCOURAGING RESIDENTS TO APPLY FOR 
INCLUSION IN POOL.—The nonpartisan agency shall 
take such steps as may be necessary to ensure that 
residents of the State across various geographic re-
gions and demographic groups are aware of the op-
portunity to serve on the independent redistricting 
commission, including publicizing the role of the 
panel and using newspapers, broadcast media, and 
online sources, including ethnic media, to encourage 
individuals to apply for inclusion in the selection 
pool developed under this subsection. 
(6) REPORT
ON
ESTABLISHMENT
OF
SELEC-
TION POOL.—At the time the nonpartisan agency 
submits the selection pool to the Select Committee 
on Redistricting under paragraph (1), it shall pub-
lish and post on the agency’s public website a report 
describing the process by which the pool was devel-
oped, and shall include in the report a description of 
how the individuals in the pool meet the eligibility 
criteria of subsection (a) and of how the pool reflects 
the factors the agency is required to take into con-
sideration under paragraph (2).
349 
(7) PUBLIC COMMENT ON SELECTION POOL.— 
During the 14-day period which begins on the date 
the nonpartisan agency publishes the report under 
paragraph (6), the agency shall accept comments 
from the public on the individuals included in the se-
lection pool. The agency shall post all such com-
ments contemporaneously on the nonpartisan agen-
cy’s website and shall transmit them to the Select 
Committee on Redistricting immediately upon the 
expiration of such period. 
(8) ACTION BY SELECT COMMITTEE.— 
(A) IN
GENERAL.—Not earlier than 15 
days and not later than 21 days after receiving 
the selection pool from the nonpartisan agency 
under paragraph (1), the Select Committee on 
Redistricting shall, by majority vote— 
(i) approve the pool as submitted by 
the nonpartisan agency, in which case the 
pool shall be considered the approved selec-
tion 
pool 
for 
purposes 
of 
section 
2411(a)(1); or 
(ii) reject the pool, in which case the 
nonpartisan agency shall develop and sub-
mit a replacement selection pool in accord-
ance with subsection (c).
350 
(B) INACTION
DEEMED
REJECTION.—If 
the Select Committee on Redistricting fails to 
approve or reject the pool within the deadline 
set forth in subparagraph (A), the Select Com-
mittee shall be deemed to have rejected the pool 
for purposes of such subparagraph. 
(c) DEVELOPMENT
OF REPLACEMENT SELECTION 
POOL.— 
(1) IN GENERAL.—If the Select Committee on 
Redistricting rejects the selection pool submitted by 
the nonpartisan agency under subsection (b), not 
later than 14 days after the rejection, the non-
partisan agency shall develop and submit to the Se-
lect Committee a replacement selection pool, under 
the same terms and conditions that applied to the 
development and submission of the selection pool 
under paragraphs (1) through (7) of subsection (b). 
The replacement pool submitted under this para-
graph may include individuals who were included in 
the rejected selection pool submitted under sub-
section (b), so long as at least one of the individuals 
in the replacement pool was not included in such re-
jected pool. 
(2) ACTION BY SELECT COMMITTEE.—
351 
(A) IN GENERAL.—Not later than 21 days 
after receiving the replacement selection pool 
from the nonpartisan agency under paragraph 
(1), the Select Committee on Redistricting 
shall, by majority vote— 
(i) approve the pool as submitted by 
the nonpartisan agency, in which case the 
pool shall be considered the approved selec-
tion 
pool 
for 
purposes 
of 
section 
2411(a)(1); or 
(ii) reject the pool, in which case the 
nonpartisan agency shall develop and sub-
mit a second replacement selection pool in 
accordance with subsection (d). 
(B) INACTION
DEEMED
REJECTION.—If 
the Select Committee on Redistricting fails to 
approve or reject the pool within the deadline 
set forth in subparagraph (A), the Select Com-
mittee shall be deemed to have rejected the pool 
for purposes of such subparagraph. 
(d) DEVELOPMENT OF SECOND REPLACEMENT SE-
LECTION POOL.— 
(1) IN GENERAL.—If the Select Committee on 
Redistricting rejects the replacement selection pool 
submitted by the nonpartisan agency under sub-
352 
section (c), not later than 14 days after the rejec-
tion, the nonpartisan agency shall develop and sub-
mit to the Select Committee a second replacement 
selection pool, under the same terms and conditions 
that applied to the development and submission of 
the selection pool under paragraphs (1) through (7) 
of subsection (b). The second replacement selection 
pool submitted under this paragraph may include in-
dividuals who were included in the rejected selection 
pool submitted under subsection (b) or the rejected 
replacement selection pool submitted under sub-
section (c), so long as at least one of the individuals 
in the replacement pool was not included in either 
such rejected pool. 
(2) ACTION BY SELECT COMMITTEE.— 
(A) IN
GENERAL.—Not earlier than 15 
days and not later than 14 days after receiving 
the second replacement selection pool from the 
nonpartisan agency under paragraph (1), the 
Select Committee on Redistricting shall, by ma-
jority vote— 
(i) approve the pool as submitted by 
the nonpartisan agency, in which case the 
pool shall be considered the approved selec-
353 
tion 
pool 
for 
purposes 
of 
section 
2411(a)(1); or 
(ii) reject the pool. 
(B) INACTION
DEEMED
REJECTION.—If 
the Select Committee on Redistricting fails to 
approve or reject the pool within the deadline 
set forth in subparagraph (A), the Select Com-
mittee shall be deemed to have rejected the pool 
for purposes of such subparagraph. 
(C) EFFECT OF REJECTION.—If the Select 
Committee on Redistricting rejects the second 
replacement pool from the nonpartisan agency 
under paragraph (1), the redistricting plan for 
the State shall be developed and enacted in ac-
cordance with part 3. 
SEC. 2413. PUBLIC NOTICE AND INPUT. 
(a) PUBLIC NOTICE AND INPUT.— 
(1) USE OF OPEN AND TRANSPARENT PROC-
ESS.—The independent redistricting commission of a 
State shall hold each of its meetings in public, shall 
solicit and take into consideration comments from 
the public, including proposed maps, throughout the 
process of developing the redistricting plan for the 
State, and shall carry out its duties in an open and 
transparent manner which provides for the widest
354 
public dissemination reasonably possible of its pro-
posed and final redistricting plans. 
(2) WEBSITE.— 
(A) FEATURES.—The commission shall 
maintain a public Internet site which is not af-
filiated with or maintained by the office of any 
elected official and which includes the following 
features: 
(i) General information on the com-
mission, its role in the redistricting proc-
ess, and its members, including contact in-
formation. 
(ii) An updated schedule of commis-
sion hearings and activities, including 
deadlines for the submission of comments. 
(iii) All draft redistricting plans devel-
oped by the commission under subsection 
(b) and the final redistricting plan devel-
oped under subsection (c), including the 
accompanying written evaluation under 
subsection (d). 
(iv) All comments received from the 
public on the commission’s activities, in-
cluding any proposed maps submitted 
under paragraph (1).
355 
(v) Live streaming of commission 
hearings and an archive of previous meet-
ings, including any documents considered 
at any such meeting, which the commission 
shall post not later than 24 hours after the 
conclusion of the meeting. 
(vi) Access in an easily useable format 
to the demographic and other data used by 
the commission to develop and analyze the 
proposed redistricting plans, together with 
access to any software used to draw maps 
of proposed districts and to any reports 
analyzing and evaluating any such maps. 
(vii) A method by which members of 
the public may submit comments and pro-
posed maps directly to the commission. 
(viii) All records of the commission, 
including all communications to or from 
members, employees, and contractors re-
garding the work of the commission. 
(ix) A list of all contractors receiving 
payment from the commission, together 
with the annual disclosures submitted by 
the contractors under section 2411(c)(3).
356 
(x) A list of the names of all individ-
uals who submitted applications to serve 
on the commission, together with the appli-
cations submitted by individuals included 
in any selection pool, except that the com-
mission may redact from such applications 
any financial or other personally sensitive 
information. 
(B) SEARCHABLE FORMAT.—The commis-
sion shall ensure that all information posted 
and maintained on the site under this para-
graph, including information and proposed 
maps submitted by the public, shall be main-
tained in an easily searchable format. 
(C) DEADLINE.—The commission shall en-
sure that the public internet site under this 
paragraph is operational (in at least a prelimi-
nary format) not later than January 1 of the 
year ending in the numeral one. 
(3) PUBLIC COMMENT PERIOD.—The commis-
sion shall solicit, accept, and consider comments 
from the public with respect to its duties, activities, 
and procedures at any time during the period— 
(A) which begins on January 1 of the year 
ending in the numeral one; and
357 
(B) which ends 7 days before the date of 
the meeting at which the commission shall vote 
on approving the final redistricting plan for en-
actment into law under subsection (c)(2). 
(4) MEETINGS AND HEARINGS IN VARIOUS GEO-
GRAPHIC LOCATIONS.—To the greatest extent prac-
ticable, the commission shall hold its meetings and 
hearings in various geographic regions and locations 
throughout the State. 
(5) MULTIPLE LANGUAGE REQUIREMENTS FOR 
ALL NOTICES.—The commission shall make each no-
tice which is required to be posted and published 
under this section available in any language in which 
the State (or any jurisdiction in the State) is re-
quired to provide election materials under section 
203 of the Voting Rights Act of 1965. 
(b) DEVELOPMENT AND PUBLICATION OF PRELIMI-
NARY REDISTRICTING PLAN.— 
(1) IN GENERAL.—Prior to developing and pub-
lishing a final redistricting plan under subsection 
(c), the independent redistricting commission of a 
State shall develop and publish a preliminary redis-
tricting plan. 
(2) MINIMUM PUBLIC HEARINGS AND OPPOR-
TUNITY FOR COMMENT PRIOR TO DEVELOPMENT.—
358 
(A) 3 HEARINGS REQUIRED.—Prior to de-
veloping a preliminary redistricting plan under 
this subsection, the commission shall hold not 
fewer than 3 public hearings at which members 
of the public may provide input and comments 
regarding the potential contents of redistricting 
plans for the State and the process by which 
the commission will develop the preliminary 
plan under this subsection. 
(B) MINIMUM PERIOD FOR NOTICE PRIOR 
TO HEARINGS.—Not fewer than 14 days prior 
to the date of each hearing held under this 
paragraph, the commission shall post notices of 
the hearing in on the website maintained under 
subsection (a)(2), and shall provide for the pub-
lication of such notices in newspapers of general 
circulation throughout the State. Each such no-
tice shall specify the date, time, and location of 
the hearing. 
(C) SUBMISSION OF PLANS AND MAPS BY 
MEMBERS
OF
THE
PUBLIC.—Any member of 
the public may submit maps or portions of 
maps for consideration by the commission. As 
provided under subsection (a)(2)(A), any such
359 
map shall be made publicly available on the 
commission’s website and open to comment. 
(3) PUBLICATION OF PRELIMINARY PLAN.— 
(A) IN GENERAL.—The commission shall 
post the preliminary redistricting plan devel-
oped under this subsection, together with a re-
port that includes the commission’s responses 
to any public comments received under sub-
section (a)(3), on the website maintained under 
subsection (a)(2), and shall provide for the pub-
lication of each such plan in newspapers of gen-
eral circulation throughout the State. 
(B) MINIMUM PERIOD FOR NOTICE PRIOR 
TO
PUBLICATION.—Not fewer than 14 days 
prior to the date on which the commission posts 
and publishes the preliminary plan under this 
paragraph, the commission shall notify the pub-
lic through the website maintained under sub-
section (a)(2), as well as through publication of 
notice in newspapers of general circulation 
throughout the State, of the pending publica-
tion of the plan. 
(4) MINIMUM POST-PUBLICATION PERIOD FOR 
PUBLIC
COMMENT.—The commission shall accept 
and consider comments from the public (including
360 
through the website maintained under subsection 
(a)(2)) with respect to the preliminary redistricting 
plan published under paragraph (3), including pro-
posed revisions to maps, for not fewer than 30 days 
after the date on which the plan is published. 
(5) POST-PUBLICATION HEARINGS.— 
(A) 3 HEARINGS REQUIRED.—After post-
ing and publishing the preliminary redistricting 
plan under paragraph (3), the commission shall 
hold not fewer than 3 public hearings in dif-
ferent geographic areas of the State at which 
members of the public may provide input and 
comments regarding the preliminary plan. 
(B) MINIMUM PERIOD FOR NOTICE PRIOR 
TO HEARINGS.—Not fewer than 14 days prior 
to the date of each hearing held under this 
paragraph, the commission shall post notices of 
the hearing in on the website maintained under 
subsection (a)(2), and shall provide for the pub-
lication of such notices in newspapers of general 
circulation throughout the State. Each such no-
tice shall specify the date, time, and location of 
the hearing. 
(6) 
PERMITTING
MULTIPLE
PRELIMINARY 
PLANS.—At the option of the commission, after de-
361 
veloping and publishing the preliminary redistricting 
plan under this subsection, the commission may de-
velop and publish subsequent preliminary redis-
tricting plans, so long as the process for the develop-
ment and publication of each such subsequent plan 
meets the requirements set forth in this subsection 
for the development and publication of the first pre-
liminary redistricting plan. 
(c) PROCESS FOR ENACTMENT OF FINAL REDIS-
TRICTING PLAN.— 
(1) IN GENERAL.—After taking into consider-
ation comments from the public on any preliminary 
redistricting plan developed and published under 
subsection (b), the independent redistricting commis-
sion of a State shall develop and publish a final re-
districting plan for the State. 
(2) MEETING; FINAL VOTE.—Not later than the 
deadline specified in subsection (e), the commission 
shall hold a public hearing at which the members of 
the commission shall vote on approving the final 
plan for enactment into law. 
(3) PUBLICATION OF PLAN AND ACCOMPANYING 
MATERIALS.—Not fewer than 14 days before the 
date of the meeting under paragraph (2), the com-
mission shall provide the following information to
362 
the public through the website maintained under 
subsection (a)(2), as well as through newspapers of 
general circulation throughout the State: 
(A) The final redistricting plan, including 
all relevant maps. 
(B) A report by the commission to accom-
pany the plan which provides the background 
for the plan and the commission’s reasons for 
selecting the plan as the final redistricting plan, 
including responses to the public comments re-
ceived on any preliminary redistricting plan de-
veloped and published under subsection (b). 
(C) Any dissenting or additional views with 
respect to the plan of individual members of the 
commission. 
(4) ENACTMENT.—Subject to paragraph (5), 
the final redistricting plan developed and published 
under this subsection shall be deemed to be enacted 
into law upon the expiration of the 45-day period 
which begins on the date on which— 
(A) such final plan is approved by a major-
ity of the whole membership of the commission; 
and 
(B) at least one member of the commission 
appointed from each of the categories of the ap-
363 
proved selection pool described in section 
2412(b)(1) approves such final plan. 
(5) REVIEW BY DEPARTMENT OF JUSTICE.— 
(A) REQUIRING SUBMISSION OF PLAN FOR 
REVIEW.—The final redistricting plan shall not 
be deemed to be enacted into law unless the 
State submits the plan to the Department of 
Justice for an administrative review to deter-
mine if the plan is in compliance with the cri-
teria described in subparagraphs (B) and (C) of 
section 2413(a)(1). 
(B) TERMINATION OF REVIEW.—The De-
partment of Justice shall terminate any admin-
istrative review under subparagraph (A) if, dur-
ing the 45-day period which begins on the date 
the plan is enacted into law, an action is filed 
in a United States district court alleging that 
the plan is not in compliance with the criteria 
described in subparagraphs (B) and (C) of sec-
tion 2413(a)(1). 
(d) WRITTEN EVALUATION OF PLAN AGAINST EX-
TERNAL METRICS.—The independent redistricting com-
mission shall include with each redistricting plan devel-
oped and published under this section a written evaluation 
that measures each such plan against external metrics
364 
which cover the criteria set forth in section 2403(a), in-
cluding the impact of the plan on the ability of commu-
nities of color to elect candidates of choice, measures of 
partisan fairness using multiple accepted methodologies, 
and the degree to which the plan preserves or divides com-
munities of interest. 
(e) TIMING.—The independent redistricting commis-
sion of a State may begin its work on the redistricting 
plan of the State upon receipt of relevant population infor-
mation from the Bureau of the Census, and shall approve 
a final redistricting plan for the State in each year ending 
in the numeral one not later than 8 months after the date 
on which the State receives the State apportionment notice 
or October 1, whichever occurs later. 
SEC. 2414. ESTABLISHMENT OF RELATED ENTITIES. 
(a) ESTABLISHMENT
OR DESIGNATION
OF NON-
PARTISAN AGENCY OF STATE LEGISLATURE.— 
(1) IN GENERAL.—Each State shall establish a 
nonpartisan agency in the legislative branch of the 
State government to appoint the members of the 
independent redistricting commission for the State 
in accordance with section 2411. 
(2) NONPARTISANSHIP DESCRIBED.—For pur-
poses of this subsection, an agency shall be consid-
ered to be nonpartisan if under law the agency—
365 
(A) is required to provide services on a 
nonpartisan basis; 
(B) is required to maintain impartiality; 
and 
(C) is prohibited from advocating for the 
adoption or rejection of any legislative proposal. 
(3) TRAINING
OF
MEMBERS
APPOINTED
TO 
COMMISSION.—Not later than January 15 of a year 
ending in the numeral one, the nonpartisan agency 
established or designated under this subsection shall 
provide the members of the independent redistricting 
commission with initial training on their obligations 
as members of the commission, including obligations 
under the Voting Rights Act of 1965 and other ap-
plicable laws. 
(4) REGULATIONS.—The nonpartisan agency 
established or designated under this subsection shall 
adopt and publish regulations, after notice and op-
portunity for comment, establishing the procedures 
that the agency will follow in fulfilling its duties 
under this subtitle, including the procedures to be 
used in vetting the qualifications and political affili-
ation of applicants and in creating the selection 
pools, the randomized process to be used in selecting 
the initial members of the independent redistricting
366 
commission, and the rules that the agency will apply 
to ensure that the agency carries out its duties 
under this subtitle in a maximally transparent, pub-
licly accessible, and impartial manner. 
(5) DESIGNATION
OF
EXISTING
AGENCY.—At 
its option, a State may designate an existing agency 
in the legislative branch of its government to appoint 
the members of the independent redistricting com-
mission plan for the State under this subtitle, so 
long as the agency meets the requirements for non-
partisanship under this subsection. 
(6) TERMINATION
OF
AGENCY
SPECIFICALLY 
ESTABLISHED FOR REDISTRICTING.—If a State does 
not designate an existing agency under paragraph 
(5) but instead establishes a new agency to serve as 
the nonpartisan agency under this section, the new 
agency shall terminate upon the enactment into law 
of the redistricting plan for the State. 
(7) PRESERVATION
OF
RECORDS.—The State 
shall ensure that the records of the nonpartisan 
agency are retained in the appropriate State archive 
in such manner as may be necessary to enable the 
State to respond to any civil action brought with re-
spect to congressional redistricting in the State.
367 
(8) DEADLINE.—The State shall meet the re-
quirements of this subsection not later than each 
October 15 of a year ending in the numeral nine. 
(b) ESTABLISHMENT OF SELECT COMMITTEE ON RE-
DISTRICTING.— 
(1) IN GENERAL.—Each State shall appoint a 
Select Committee on Redistricting to approve or dis-
approve a selection pool developed by the inde-
pendent redistricting commission for the State under 
section 2412. 
(2) APPOINTMENT.—The Select Committee on 
Redistricting for a State under this subsection shall 
consist of the following members: 
(A) One member of the upper house of the 
State legislature, who shall be appointed by the 
leader of the party with the greatest number of 
seats in the upper house. 
(B) One member of the upper house of the 
State legislature, who shall be appointed by the 
leader of the party with the second greatest 
number of seats in the upper house. 
(C) One member of the lower house of the 
State legislature, who shall be appointed by the 
leader of the party with the greatest number of 
seats in the lower house.
368 
(D) One member of the lower house of the 
State legislature, who shall be appointed by the 
leader of the party with the second greatest 
number of seats in the lower house. 
(3) SPECIAL RULE FOR STATES WITH UNICAM-
ERAL LEGISLATURE.—In the case of a State with a 
unicameral legislature, the Select Committee on Re-
districting for the State under this subsection shall 
consist of the following members: 
(A) Two members of the State legislature 
appointed by the chair of the political party of 
the State whose candidate received the highest 
percentage of votes in the most recent statewide 
election for Federal office held in the State. 
(B) Two members of the State legislature 
appointed by the chair of the political party 
whose candidate received the second highest 
percentage of votes in the most recent statewide 
election for Federal office held in the State. 
(4) DEADLINE.—The State shall meet the re-
quirements of this subsection not later than each 
January 15 of a year ending in the numeral zero. 
(5) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to prohibit the leader
369 
of any political party in a legislature from appoint-
ment to the Select Committee on Redistricting. 
SEC. 2415. REPORT ON DIVERSITY OF MEMBERSHIPS OF 
INDEPENDENT 
REDISTRICTING 
COMMIS-
SIONS. 
Not later than May 15 of a year ending in the nu-
meral one, the Comptroller General of the United States 
shall submit to Congress a report on the extent to which 
the memberships of independent redistricting commissions 
for States established under this part with respect to the 
immediately preceding year ending in the numeral zero 
meet the diversity requirements as provided for in sections 
2411(a)(2)(B) and 2412(b)(2). 
PART 3—ROLE OF COURTS IN DEVELOPMENT OF 
REDISTRICTING PLANS 
SEC. 2421. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE 
COURT. 
(a) DEVELOPMENT OF PLAN.—If any of the trig-
gering events described in subsection (f) occur with re-
spect to a State— 
(1) not later than December 15 of the year in 
which the triggering event occurs, the United States 
district court for the applicable venue, acting 
through a 3-judge Court convened pursuant to sec-
tion 2284 of title 28, United States Code, shall de-
370 
velop and publish the congressional redistricting 
plan for the State; and 
(2) the final plan developed and published by 
the Court under this section shall be deemed to be 
enacted on the date on which the Court publishes 
the final plan, as described in subsection (d). 
(b) APPLICABLE VENUE DESCRIBED.—For purposes 
of this section, the ‘‘applicable venue’’ with respect to a 
State is the District of Columbia or the judicial district 
in which the capital of the State is located, as selected 
by the first party to file with the court sufficient evidence 
of the occurrence of a triggering event described in sub-
section (f). 
(c) PROCEDURES FOR DEVELOPMENT OF PLAN.— 
(1) CRITERIA.—In developing a redistricting 
plan for a State under this section, the Court shall 
adhere to the same terms and conditions that ap-
plied (or that would have applied, as the case may 
be) to the development of a plan by the independent 
redistricting commission of the State under section 
2403. 
(2) ACCESS TO INFORMATION AND RECORDS OF 
COMMISSION.—The Court shall have access to any 
information, data, software, or other records and 
material that was used (or that would have been
371 
used, as the case may be) by the independent redis-
tricting commission of the State in carrying out its 
duties under this subtitle. 
(3) HEARING; PUBLIC PARTICIPATION.—In de-
veloping a redistricting plan for a State, the Court 
shall— 
(A) hold one or more evidentiary hearings 
at which interested members of the public may 
appear and be heard and present testimony, in-
cluding expert testimony, in accordance with 
the rules of the Court; and 
(B) consider other submissions and com-
ments by the public, including proposals for re-
districting plans to cover the entire State or 
any portion of the State. 
(4) USE OF SPECIAL MASTER.—To assist in the 
development and publication of a redistricting plan 
for a State under this section, the Court may ap-
point a special master to make recommendations to 
the Court on possible plans for the State. 
(d) PUBLICATION OF PLAN.— 
(1) PUBLIC AVAILABILITY OF INITIAL PLAN.— 
Upon completing the development of one or more 
initial redistricting plans, the Court shall make the 
plans available to the public at no cost, and shall
372 
also make available the underlying data used by the 
Court to develop the plans and a written evaluation 
of the plans against external metrics (as described in 
section 2413(d)). 
(2) PUBLICATION
OF
FINAL
PLAN.—At any 
time after the expiration of the 14-day period which 
begins on the date the Court makes the plans avail-
able to the public under paragraph (1), and taking 
into consideration any submissions and comments by 
the public which are received during such period, the 
Court shall develop and publish the final redis-
tricting plan for the State. 
(e) USE OF INTERIM PLAN.—In the event that the 
Court is not able to develop and publish a final redis-
tricting plan for the State with sufficient time for an up-
coming election to proceed, the Court may develop and 
publish an interim redistricting plan which shall serve as 
the redistricting plan for the State until the Court devel-
ops and publishes a final plan in accordance with this sec-
tion. Nothing in this subsection may be construed to limit 
or otherwise affect the authority or discretion of the Court 
to develop and publish the final redistricting plan, includ-
ing but not limited to the discretion to make any changes 
the Court deems necessary to an interim redistricting 
plan.
373 
(f) TRIGGERING EVENTS DESCRIBED.—The ‘‘trig-
gering events’’ described in this subsection are as follows: 
(1) The failure of the State to establish or des-
ignate a nonpartisan agency of the State legislature 
under section 2414(a) prior to the expiration of the 
deadline set forth in section 2414(a)(5). 
(2) The failure of the State to appoint a Select 
Committee on Redistricting under section 2414(b) 
prior to the expiration of the deadline set forth in 
section 2414(b)(4). 
(3) The failure of the Select Committee on Re-
districting to approve any selection pool under sec-
tion 2412 prior to the expiration of the deadline set 
forth for the approval of the second replacement se-
lection pool in section 2412(d)(2). 
(4) The failure of the independent redistricting 
commission of the State to approve a final redis-
tricting plan for the State prior to the expiration of 
the deadline set forth in section 2413(e). 
SEC. 2422. SPECIAL RULE FOR REDISTRICTING CON-
DUCTED UNDER ORDER OF FEDERAL COURT. 
If a Federal court requires a State to conduct redis-
tricting subsequent to an apportionment of Representa-
tives in the State in order to comply with the Constitution 
or to enforce the Voting Rights Act of 1965, section 2413
374 
shall apply with respect to the redistricting, except that 
the court may revise any of the deadlines set forth in such 
section if the court determines that a revision is appro-
priate in order to provide for a timely enactment of a new 
redistricting plan for the State. 
PART 4—ADMINISTRATIVE AND MISCELLANEOUS 
PROVISIONS 
SEC. 2431. PAYMENTS TO STATES FOR CARRYING OUT RE-
DISTRICTING. 
(a) AUTHORIZATION OF PAYMENTS.—Subject to sub-
section (d), not later than 30 days after a State receives 
a State apportionment notice, the Election Assistance 
Commission shall, subject to the availability of appropria-
tions provided pursuant to subsection (e), make a payment 
to the State in an amount equal to the product of— 
(1) the number of Representatives to which the 
State is entitled, as provided under the notice; and 
(2) $150,000. 
(b) USE OF FUNDS.—A State shall use the payment 
made under this section to establish and operate the 
State’s independent redistricting commission, to imple-
ment the State redistricting plan, and to otherwise carry 
out congressional redistricting in the State. 
(c) NO PAYMENT TO STATES WITH SINGLE MEM-
BER.—The Election Assistance Commission shall not
375 
make a payment under this section to any State which 
is not entitled to more than one Representative under its 
State apportionment notice. 
(d) REQUIRING SUBMISSION OF SELECTION POOL AS 
CONDITION OF PAYMENT.— 
(1) REQUIREMENT.—Except as provided in 
paragraph (2) and paragraph (3), the Election As-
sistance Commission may not make a payment to a 
State under this section until the State certifies to 
the Commission that the nonpartisan agency estab-
lished or designated by a State under section 
2414(a) has, in accordance with section 2412(b)(1), 
submitted a selection pool to the Select Committee 
on Redistricting for the State established under sec-
tion 2414(b). 
(2) EXCEPTION
FOR
STATES
WITH
EXISTING 
COMMISSIONS.—In the case of a State which, pursu-
ant to section 2401(c), is exempt from the require-
ments of section 2401(a), the Commission may not 
make a payment to the State under this section until 
the State certifies to the Commission that its redis-
tricting commission meets the requirements of sec-
tion 2401(c). 
(3) EXCEPTION FOR STATE OF IOWA.—In the 
case of the State of Iowa, the Commission may not
376 
make a payment to the State under this section until 
the State certifies to the Commission that it will 
carry out congressional redistricting pursuant to the 
State’s apportionment notice in accordance with a 
plan developed by the Iowa Legislative Services 
Agency with the assistance of a Temporary Redis-
tricting Advisory Commission, as provided under the 
law described in section 2401(d). 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary for payments under this section. 
SEC. 2432. CIVIL ENFORCEMENT. 
(a) CIVIL ENFORCEMENT.— 
(1) ACTIONS BY ATTORNEY GENERAL.—The At-
torney General may bring a civil action in an appro-
priate district court for such relief as may be appro-
priate to carry out this subtitle. 
(2) AVAILABILITY OF PRIVATE RIGHT OF AC-
TION.—Any citizen of a State who is aggrieved by 
the failure of the State to meet the requirements of 
this subtitle may bring a civil action in the United 
States district court for the applicable venue for 
such relief as may be appropriate to remedy the fail-
ure. For purposes of this section, the ‘‘applicable 
venue’’ is the District of Columbia or the judicial
377 
district in which the capital of the State is located, 
as selected by the person who brings the civil action. 
(b) EXPEDITED CONSIDERATION.—In any action 
brought forth under this section, the following rules shall 
apply: 
(1) The action shall be filed in the district court 
of the United States for the District of Columbia or 
for the judicial district in which the capital of the 
State is located, as selected by the person bringing 
the action. 
(2) The action shall be heard by a 3-judge 
court convened pursuant to section 2284 of title 28, 
United States Code. 
(3) The 3-judge court shall consolidate actions 
brought for relief under subsection (b)(1) with re-
spect to the same State redistricting plan. 
(4) A copy of the complaint shall be delivered 
promptly to the Clerk of the House of Representa-
tives and the Secretary of the Senate. 
(5) A final decision in the action shall be re-
viewable only by appeal directly to the Supreme 
Court of the United States. Such appeal shall be 
taken by the filing of a notice of appeal within 10 
days, and the filing of a jurisdictional statement 
within 30 days, of the entry of the final decision.
378 
(6) It shall be the duty of the district court and 
the Supreme Court of the United States to advance 
on the docket and to expedite to the greatest pos-
sible extent the disposition of the action and appeal. 
(c) REMEDIES.— 
(1) ADOPTION OF REPLACEMENT PLAN.— 
(A) IN GENERAL.—If the district court in 
an action under this section finds that the con-
gressional redistricting plan of a State violates, 
in whole or in part, the requirements of this 
subtitle— 
(i) the Court shall adopt a replace-
ment congressional redistricting plan for 
the State in accordance with the process 
set forth in section 2421; or 
(ii) if circumstances warrant and no 
delay to an upcoming regularly scheduled 
election for the House of Representatives 
in the State would result, the district court 
may allow a State to develop and propose 
a remedial congressional redistricting plan 
for consideration by the court, and such 
remedial plan may be developed by the 
State 
by 
adopting 
such 
appropriate
379 
changes to the State’s enacted plan as may 
be ordered by the court. 
(B) SPECIAL RULE IN CASE FINAL ADJU-
DICATION NOT EXPECTED WITHIN 3 MONTHS 
OF ELECTION.—If final adjudication of an ac-
tion under this section is not reasonably ex-
pected to be completed at least three months 
prior to the next regularly scheduled election 
for the House of Representatives in the State, 
the district court shall, as the balance of equi-
ties warrant— 
(i) order development, adoption, and 
use of an interim congressional redis-
tricting plan in accordance with section 
2421(e) to address any claims under this 
title for which a party seeking relief has 
demonstrated a substantial likelihood of 
success; or 
(ii) order adjustments to the timing of 
primary elections for the House of Rep-
resentatives, as needed, to allow sufficient 
opportunity for adjudication of the matter 
and adoption of a remedial or replacement 
plan for use in the next regularly sched-
380 
uled general elections for the House of 
Representatives. 
(2) NO INJUNCTIVE RELIEF PERMITTED.—Any 
remedial or replacement congressional redistricting 
plan ordered under this subsection shall not be sub-
ject to temporary or preliminary injunctive relief 
from any court unless the record establishes that a 
writ of mandamus is warranted. 
(3) NO
STAY
PENDING
APPEAL.—Notwith-
standing the appeal of an order finding that a con-
gressional redistricting plan of a State violates, in 
whole or in part, the requirements of this subtitle, 
no stay shall issue which shall bar the development 
or adoption of a replacement or remedial plan under 
this subsection, as may be directed by the district 
court, pending such appeal. 
(d) ATTORNEY’S FEES.—In a civil action under this 
section, the court may allow the prevailing party (other 
than the United States) reasonable attorney fees, includ-
ing litigation expenses, and costs. 
(e) RELATION TO OTHER LAWS.— 
(1) RIGHTS
AND
REMEDIES
ADDITIONAL
TO 
OTHER
RIGHTS
AND
REMEDIES.—The rights and 
remedies established by this section are in addition 
to all other rights and remedies provided by law, and
381 
neither the rights and remedies established by this 
section nor any other provision of this subtitle shall 
supersede, restrict, or limit the application of the 
Voting Rights Act of 1965 (52 U.S.C. 10301 et 
seq.). 
(2) VOTING RIGHTS ACT OF 1965.—Nothing in 
this subtitle authorizes or requires conduct that is 
prohibited by the Voting Rights Act of 1965 (52 
U.S.C. 10301 et seq.). 
(f) LEGISLATIVE PRIVILEGE.—No person, legisla-
ture, or State may claim legislative privilege under either 
State or Federal law in a civil action brought under this 
section or in any other legal challenge, under either State 
or Federal law, to a redistricting plan enacted under this 
subtitle. 
SEC. 2433. STATE APPORTIONMENT NOTICE DEFINED. 
In this subtitle, the ‘‘State apportionment notice’’ 
means, with respect to a State, the notice sent to the State 
from the Clerk of the House of Representatives under sec-
tion 22(b) of the Act entitled ‘‘An Act to provide for the 
fifteenth and subsequent decennial censuses and to pro-
vide for an apportionment of Representatives in Con-
gress’’, approved June 18, 1929 (2 U.S.C. 2a), of the 
number of Representatives to which the State is entitled.