298 
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 
this section, and includes with the application a 
written statement, with an attestation under 
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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; 
(II) the individual’s employment 
and educational history. 
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(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) 
and (B) of paragraph (3)) an immediate family 
member of the individual serves as an officer of 
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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 
the campaigns of all candidates for all public 
offices and to all political action committees). 
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(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. 
(C) The 10-year period beginning on the 
day after the last day of the period described in 
subparagraph (B). 
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(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 
in the most recent statewide election for Fed-
eral office held in the State. 
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(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 
(B) take into consideration the analytical 
skills of the individuals selected in relevant 
fields (including mapping, data management, 
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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 
knowledge of the individual’s history of political ac-
tivity. 
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(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). 
(7) PUBLIC COMMENT ON SELECTION POOL.— 
During the 14-day period which begins on the date 
the nonpartisan agency publishes the report under 
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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— 
(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). 
(B) INACTION
DEEMED
REJECTION.—If 
the Select Committee on Redistricting fails to 
approve or reject the pool within the deadline 
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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.— 
(A) IN GENERAL.—Not later than 21 days 
after receiving the replacement selection pool 
from the nonpartisan agency under paragraph 
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(1), the Select Committee on Redistricting 
shall— 
(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-
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 
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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— 
(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. 
(B) INACTION
DEEMED
REJECTION.—If 
the Select Committee on Redistricting fails to 
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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. CRITERIA FOR REDISTRICTING PLAN; PUBLIC 
NOTICE AND INPUT. 
(a) DEVELOPMENT OF REDISTRICTING PLAN.— 
(1) CRITERIA.—Under the redistricting plan of 
a State, there shall be established single-member 
congressional districts using the following criteria as 
set forth in the following order of priority: 
(A) Districts shall comply with the United 
States Constitution, including the requirement 
that they equalize total population. 
(B) Districts shall comply with the Voting 
Rights Act of 1965 (52 U.S.C. 10301 et seq.) 
and all applicable Federal laws. 
(C) Districts shall provide racial, ethnic, 
and language minorities with an equal oppor-
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tunity to participate in the political process and 
to elect candidates of choice and shall not dilute 
or diminish their ability to elect candidates of 
choice whether alone or in coalition with others. 
(D) Districts shall respect communities of 
interest, neighborhoods, and political subdivi-
sions to the extent practicable and after compli-
ance with the requirements of subparagraphs 
(A) through (C). A community of interest is de-
fined as an area with recognized similarities of 
interests, including but not limited to ethnic, 
racial, economic, tribal, social, cultural, geo-
graphic or historic identities. The term commu-
nities of interest may, in certain circumstances, 
include political subdivisions such as counties, 
municipalities, tribal lands and reservations, or 
school districts, but shall not include common 
relationships with political parties or political 
candidates. 
(2) NO FAVORING OR DISFAVORING OF POLIT-
ICAL PARTIES.— 
(A) PROHIBITION.—The redistricting plan 
developed by the independent redistricting com-
mission shall not, when considered on a state-
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wide basis, unduly favor or disfavor any polit-
ical party. 
(B) DETERMINATION
OF
FAVORING
OR 
DISFAVORING.—For purposes of subparagraph 
(A), the determination of whether a redis-
tricting plan has the effect of unduly favoring 
or disfavoring a political party shall be based on 
the totality of circumstances, including, but not 
limited to, whether the plan results in durable 
partisan bias as determined by scientifically ac-
cepted measures of partisan fairness, or wheth-
er there are alternative plans that would have 
complied with the requirements of law and re-
sulted in less durable levels of partisan bias. 
Notwithstanding the previous sentence, no re-
districting plan shall be found to be in violation 
of subparagraph (A) because of application of 
the criteria set forth in subparagraphs (A), (B), 
or (C) of paragraph (1). 
(3) FACTORS
PROHIBITED
FROM
CONSIDER-
ATION.—In developing the redistricting plan for the 
State, the independent redistricting commission may 
not take into consideration any of the following fac-
tors, except to the extent necessary to comply with 
the criteria described in subparagraphs (A) through 
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(C) of paragraph (1), paragraph (2), and to enable 
the redistricting plan to be measured against the ex-
ternal metrics described in subsection (e): 
(A) The residence of any Member of the 
House of Representatives or candidate. 
(B) The political party affiliation or voting 
history of the population of a district. 
(b) 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 
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: 
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(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 
(c) and the final redistricting plan devel-
oped under subsection (d), including the 
accompanying written evaluation under 
subsection (e). 
(iv) All comments received from the 
public on the commission’s activities, in-
cluding any proposed maps submitted 
under paragraph (1). 
(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 
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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). 
(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. 
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(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 
(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 (d)(2). 
(4) MEETINGS AND HEARINGS IN VARIOUS GEO-
GRAPHIC LOCATIONS.—To the greatest extent prac-
ticable, the commission shall hold its meetings and 
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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. 
(c) DEVELOPMENT AND PUBLICATION OF PRELIMI-
NARY REDISTRICTING PLAN.— 
(1) IN GENERAL.—Prior to developing and pub-
lishing a final redistricting plan under subsection 
(d), 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.— 
(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 
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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 (b)(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 (b)(2)(A), any such 
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-
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section (b)(3), on the website maintained under 
subsection (b)(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 (b)(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 
through the website maintained under subsection 
(b)(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 
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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 (b)(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-
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. 
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(d) 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 (c), 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 (f), 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 
the public through the website maintained under 
subsection (b)(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 
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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 (c). 
(C) Any dissenting or additional views with 
respect to the plan of individual members of the 
commission. 
(4) ENACTMENT.—The final redistricting plan 
developed and published under this subsection shall 
be deemed to be enacted into law upon the expira-
tion 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-
proved selection pool described in section 
2412(b)(1) approves such final plan. 
(e) 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 
which cover the criteria set forth in paragraph (1) of sub-
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section (a), including the impact of the plan on the ability 
of communities 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 communities of interest. 
(f) 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— 
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(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 
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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. 
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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-
velop and publish the congressional redistricting 
plan for the State; and 
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(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 
2413(a). 
(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 
used, as the case may be) by the independent redis-
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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 
also make available the underlying data used by the 
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Court to develop the plans and a written evaluation 
of the plans against external metrics (as described in 
section 2413(e)). 
(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. 
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(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(f). 
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 
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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 
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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 
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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 
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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. 
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(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) 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. 
(d) 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 
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.). 
(e) 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 
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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. 
SEC. 2434. NO EFFECT ON ELECTIONS FOR STATE AND 
LOCAL OFFICE. 
Nothing in this subtitle or in any amendment made 
by this subtitle may be construed to affect the manner 
in which a State carries out elections for State or local 
office, including the process by which a State establishes 
the districts used in such elections. 
SEC. 2435. EFFECTIVE DATE. 
This subtitle and the amendments made by this sub-
title shall apply with respect to redistricting carried out 
pursuant to the decennial census conducted during 2030 
or any succeeding decennial census. 
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Subtitle F—Saving Eligible Voters 
From Voter Purging 
SEC. 2501. SHORT TITLE. 
This subtitle may be cited as the ‘‘Stop Automatically 
Voiding Eligible Voters Off Their Enlisted Rolls in States 
Act’’ or the ‘‘SAVE VOTERS Act’’. 
SEC. 2502. CONDITIONS FOR REMOVAL OF VOTERS FROM 
LIST OF REGISTERED VOTERS. 
(a) CONDITIONS DESCRIBED.—The National Voter 
Registration Act of 1993 (52 U.S.C. 20501 et seq.) is 
amended by inserting after section 8 the following new 
section: 
‘‘SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM 
OFFICIAL LIST OF REGISTERED VOTERS. 
‘‘(a) VERIFICATION ON BASIS OF OBJECTIVE AND 
RELIABLE EVIDENCE OF INELIGIBILITY.— 
‘‘(1) 
REQUIRING
VERIFICATION.—Notwith-
standing any other provision of this Act, a State 
may not remove the name of any registrant from the 
official list of voters eligible to vote in elections for 
Federal office in the State unless the State verifies, 
on the basis of objective and reliable evidence, that 
the registrant is ineligible to vote in such elections. 
‘‘(2) FACTORS NOT CONSIDERED AS OBJECTIVE 
AND RELIABLE EVIDENCE OF INELIGIBILITY.—For 
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purposes of paragraph (1), the following factors, or 
any combination thereof, shall not be treated as ob-
jective and reliable evidence of a registrant’s ineligi-
bility to vote: 
‘‘(A) The failure of the registrant to vote 
in any election. 
‘‘(B) The failure of the registrant to re-
spond to any notice sent under section 8(d), un-
less the notice has been returned as undeliver-
able. 
‘‘(C) The failure of the registrant to take 
any other action with respect to voting in any 
election or with respect to the registrant’s sta-
tus as a registrant. 
‘‘(b) NOTICE AFTER REMOVAL.— 
‘‘(1) NOTICE TO INDIVIDUAL REMOVED.— 
‘‘(A) IN
GENERAL.—Not later than 48 
hours after a State removes the name of a reg-
istrant from the official list of eligible voters for 
any reason (other than the death of the reg-
istrant), the State shall send notice of the re-
moval to the former registrant, and shall in-
clude in the notice the grounds for the removal 
and information on how the former registrant 
may contest the removal or be reinstated, in-
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cluding a telephone number for the appropriate 
election official. 
‘‘(B) 
EXCEPTIONS.—Subparagraph 
(A) 
does not apply in the case of a registrant— 
‘‘(i) who sends written confirmation to 
the State that the registrant is no longer 
eligible to vote in the registrar’s jurisdic-
tion in which the registrant was registered; 
or 
‘‘(ii) who is removed from the official 
list of eligible voters by reason of the death 
of the registrant. 
‘‘(2) PUBLIC NOTICE.—Not later than 48 hours 
after conducting any general program to remove the 
names of ineligible voters from the official list of eli-
gible voters (as described in section 8(a)(4)), the 
State shall disseminate a public notice through such 
methods as may be reasonable to reach the general 
public (including by publishing the notice in a news-
paper of wide circulation or posting the notice on the 
websites of the appropriate election officials) that 
list maintenance is taking place and that registrants 
should check their registration status to ensure no 
errors or mistakes have been made. The State shall 
ensure that the public notice disseminated under this 
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paragraph is in a format that is reasonably conven-
ient and accessible to voters with disabilities, includ-
ing voters who have low vision or are blind.’’. 
(b) CONDITIONS FOR TRANSMISSION OF NOTICES OF 
REMOVAL.—Section 8(d) of such Act (52 U.S.C. 
20507(d)) is amended by adding at the end the following 
new paragraph: 
‘‘(4) A State may not transmit a notice to a 
registrant under this subsection unless the State ob-
tains objective and reliable evidence (in accordance 
with the standards for such evidence which are de-
scribed in section 8A(a)(2)) that the registrant has 
changed residence to a place outside the registrar’s 
jurisdiction in which the registrant is registered.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) NATIONAL VOTER REGISTRATION ACT OF 
1993.—Section 8(a) of such Act (52 U.S.C. 
20507(a)) is amended— 
(A) in paragraph (3), by striking ‘‘pro-
vide’’ and inserting ‘‘subject to section 8A, pro-
vide’’; and 
(B) in paragraph (4), by striking ‘‘con-
duct’’ and inserting ‘‘subject to section 8A, con-
duct’’. 
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(2) HELP AMERICA VOTE ACT OF 2002.—Section 
303(a)(4)(A) of the Help America Vote Act of 2002 
(52 U.S.C. 21083(a)(4)(A)) is amended by striking 
‘‘, registrants’’ and inserting ‘‘, and subject to sec-
tion 8A of such Act, registrants’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
Subtitle G—No Effect on Authority 
of States To Provide Greater 
Opportunities for Voting 
SEC. 2601. NO EFFECT ON AUTHORITY OF STATES TO PRO-
VIDE GREATER OPPORTUNITIES FOR VOT-
ING. 
Nothing in this title or the amendments made by this 
title may be construed to prohibit any State from enacting 
any law which provides greater opportunities for individ-
uals to register to vote and to vote in elections for Federal 
office than are provided by this title and the amendments 
made by this title. 
Subtitle H—Residence of 
Incarcerated Individuals 
SEC. 2701. RESIDENCE OF INCARCERATED INDIVIDUALS. 
Section 141 of title 13, United States Code, is 
amended 
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(1) by redesignating subsection (g) as sub-
section (h); and 
(2) by inserting after subsection (f) the fol-
lowing: 
‘‘(g)(1) Effective beginning with the 2020 decennial 
census of population, in taking any tabulation of total pop-
ulation by States under subsection (a) for purposes of the 
apportionment of Representatives in Congress among the 
several States, the Secretary shall, with respect to an indi-
vidual incarcerated in a State, Federal, county, or munic-
ipal correctional center as of the date on which such cen-
sus is taken, attribute such individual to such individual’s 
last place of residence before incarceration. 
‘‘(2) In carrying out this subsection, the Secretary 
shall consult with each State department of corrections to 
collect the information necessary to make the determina-
tion required under paragraph (1).’’. 
Subtitle I—Severability 
SEC. 2801. SEVERABILITY. 
If any provision of this title or amendment made by 
this title, or the application of a provision or amendment 
to any person or circumstance, is held to be unconstitu-
tional, the remainder of this title and amendments made 
by this title, and the application of the provisions and 
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amendment to any person or circumstance, shall not be 
affected by the holding. 
TITLE III—ELECTION SECURITY 
Sec. 3000. Short title; sense of Congress. 
Subtitle A—Financial Support for Election Infrastructure 
PART 1—VOTING SYSTEM SECURITY IMPROVEMENT GRANTS 
Sec. 3001. Grants for obtaining compliant paper ballot voting systems and car-
rying out voting system security improvements. 
Sec. 3002. Coordination of voting system security activities with use of require-
ments payments and election administration requirements 
under Help America Vote Act of 2002. 
Sec. 3003. Incorporation of definitions. 
PART 2—GRANTS FOR RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS 
Sec. 3011. Grants to States for conducting risk-limiting audits of results of 
elections. 
Sec. 3012. GAO analysis of effects of audits. 
PART 3—ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM 
Sec. 3021. Election infrastructure innovation grant program. 
Subtitle B—Security Measures 
Sec. 3101. Election infrastructure designation. 
Sec. 3102. Timely threat information. 
Sec. 3103. Security clearance assistance for election officials. 
Sec. 3104. Security risk and vulnerability assessments. 
Sec. 3105. Annual reports. 
Sec. 3106. Pre-election threat assessments. 
Subtitle C—Enhancing Protections for United States Democratic Institutions 
Sec. 3201. National strategy to protect United States democratic institutions. 
Sec. 3202. National Commission to Protect United States Democratic Institu-
tions. 
Subtitle D—Promoting Cybersecurity Through Improvements in Election 
Administration 
Sec. 3301. Testing of existing voting systems to ensure compliance with election 
cybersecurity guidelines and other guidelines. 
Sec. 3302. Treatment of electronic poll books as part of voting systems. 
Sec. 3303. Pre-election reports on voting system usage. 
Sec. 3304. Streamlining collection of election information. 
Subtitle E—Preventing Election Hacking 
Sec. 3401. Short title. 
Sec. 3402. Election Security Bug Bounty Program. 
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Subtitle F—Election Security Grants Advisory Committee 
Sec. 3501. Establishment of advisory committee. 
Subtitle G—Miscellaneous Provisions 
Sec. 3601. Definitions. 
Sec. 3602. Initial report on adequacy of resources available for implementation. 
Subtitle H—Use of Voting Machines Manufactured in the United States 
Sec. 3701. Use of voting machines manufactured in the United States. 
Subtitle I—Severability 
Sec. 3801. Severability. 
SEC. 3000. SHORT TITLE; SENSE OF CONGRESS. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Election Security Act’’. 
(b) SENSE OF CONGRESS ON NEED TO IMPROVE 
ELECTION INFRASTRUCTURE SECURITY.—It is the sense 
of Congress that, in light of the lessons learned from Rus-
sian interference in the 2016 Presidential election, the 
Federal Government should intensify its efforts to improve 
the security of election infrastructure in the United States, 
including through the use of individual, durable, paper 
ballots marked by the voter by hand. 
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Subtitle A—Financial Support for 
Election Infrastructure 
PART 1—VOTING SYSTEM SECURITY 
IMPROVEMENT GRANTS 
SEC. 3001. GRANTS FOR OBTAINING COMPLIANT PAPER 
BALLOT VOTING SYSTEMS AND CARRYING 
OUT VOTING SYSTEM SECURITY IMPROVE-
MENTS. 
(a) AVAILABILITY OF GRANTS.—Subtitle D of title 
II of the Help America Vote Act of 2002 (52 U.S.C. 
21001 et seq.), as amended by section 1622(b), is amend-
ed by adding at the end the following new part: 
‘‘PART 8—GRANTS FOR OBTAINING COMPLIANT 
PAPER BALLOT VOTING SYSTEMS AND CAR-
RYING OUT VOTING SYSTEM SECURITY IM-
PROVEMENTS 
‘‘SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER 
BALLOT VOTING SYSTEMS AND CARRYING 
OUT VOTING SYSTEM SECURITY IMPROVE-
MENTS. 
‘‘(a) AVAILABILITY AND USE OF GRANT.—The Com-
mission shall make a grant to each eligible State— 
‘‘(1) to replace a voting system— 
‘‘(A) which does not meet the requirements 
which are first imposed on the State pursuant 
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to the amendments made by the Voter Con-
fidence and Increased Accessibility Act of 2021 
with a voting system which does meet such re-
quirements, for use in the regularly scheduled 
general elections for Federal office held in No-
vember 2022, or 
‘‘(B) which does meet such requirements 
but which is not in compliance with the most 
recent voluntary voting system guidelines issued 
by the Commission prior to the regularly sched-
uled general election for Federal office held in 
November 2022 with another system which does 
meet such requirements and is in compliance 
with such guidelines; 
‘‘(2) to carry out voting system security im-
provements described in section 298A with respect 
to the regularly scheduled general elections for Fed-
eral office held in November 2022 and each suc-
ceeding election for Federal office; and 
‘‘(3) to implement and model best practices for 
ballot design, ballot instructions, and the testing of 
ballots. 
‘‘(b) AMOUNT OF GRANT.—The amount of a grant 
made to a State under this section shall be such amount 
as the Commission determines to be appropriate, except 
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that such amount may not be less than the product of 
$1 and the average of the number of individuals who cast 
votes in any of the two most recent regularly scheduled 
general elections for Federal office held in the State. 
‘‘(c) PRO RATA REDUCTIONS.—If the amount of 
funds appropriated for grants under this part is insuffi-
cient to ensure that each State receives the amount of the 
grant calculated under subsection (b), the Commission 
shall make such pro rata reductions in such amounts as 
may be necessary to ensure that the entire amount appro-
priated under this part is distributed to the States. 
‘‘(d) SURPLUS APPROPRIATIONS.—If the amount of 
funds appropriated for grants authorized under section 
298D(a)(2) exceed the amount necessary to meet the re-
quirements of subsection (b), the Commission shall con-
sider the following in making a determination to award 
remaining funds to a State: 
‘‘(1) The record of the State in carrying out the 
following with respect to the administration of elec-
tions for Federal office: 
‘‘(A) Providing voting machines that are 
less than 10 years old. 
‘‘(B) Implementing strong chain of custody 
procedures for the physical security of voting 
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351 
equipment and paper records at all stages of 
the process. 
‘‘(C) Conducting pre-election testing on 
every voting machine and ensuring that paper 
ballots are available wherever electronic ma-
chines are used. 
‘‘(D) Maintaining offline backups of voter 
registration lists. 
‘‘(E) Providing a secure voter registration 
database that logs requests submitted to the 
database. 
‘‘(F) Publishing and enforcing a policy de-
tailing use limitations and security safeguards 
to protect the personal information of voters in 
the voter registration process. 
‘‘(G) Providing secure processes and proce-
dures for reporting vote tallies. 
‘‘(H) Providing a secure platform for dis-
seminating vote totals. 
‘‘(2) Evidence of established conditions of inno-
vation and reform in providing voting system secu-
rity and the proposed plan of the State for imple-
menting additional conditions. 
‘‘(3) Evidence of collaboration between relevant 
stakeholders, including local election officials, in de-
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veloping the grant implementation plan described in 
section 298B. 
‘‘(4) The plan of the State to conduct a rig-
orous evaluation of the effectiveness of the activities 
carried out with the grant. 
‘‘(e) ABILITY OF REPLACEMENT SYSTEMS TO AD-
MINISTER RANKED CHOICE ELECTIONS.—To the greatest 
extent practicable, an eligible State which receives a grant 
to replace a voting system under this section shall ensure 
that the replacement system is capable of administering 
a system of ranked choice voting under which each voter 
shall rank the candidates for the office in the order of 
the voter’s preference. 
‘‘SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS 
DESCRIBED. 
‘‘(a) PERMITTED USES.—A voting system security 
improvement described in this section is any of the fol-
lowing: 
‘‘(1) The acquisition of goods and services from 
qualified election infrastructure vendors by purchase, 
lease, or such other arrangements as may be appro-
priate. 
‘‘(2) Cyber and risk mitigation training. 
‘‘(3) A security risk and vulnerability assess-
ment of the State’s election infrastructure which is 
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carried out by a provider of cybersecurity services 
under a contract entered into between the chief 
State election official and the provider. 
‘‘(4) The maintenance of election infrastruc-
ture, including addressing risks and vulnerabilities 
which are identified under either of the security risk 
and vulnerability assessments described in para-
graph (3), except that none of the funds provided 
under this part may be used to renovate or replace 
a building or facility which is used primarily for pur-
poses other than the administration of elections for 
public office. 
‘‘(5) Providing increased technical support for 
any information technology infrastructure that the 
chief State election official deems to be part of the 
State’s election infrastructure or designates as crit-
ical to the operation of the State’s election infra-
structure. 
‘‘(6) Enhancing the cybersecurity and oper-
ations of the information technology infrastructure 
described in paragraph (4). 
‘‘(7) Enhancing the cybersecurity of voter reg-
istration systems. 
‘‘(b) QUALIFIED ELECTION INFRASTRUCTURE VEN-
DORS DESCRIBED.— 
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354 
‘‘(1) IN GENERAL.—For purposes of this part, 
a ‘qualified election infrastructure vendor’ is any 
person who provides, supports, or maintains, or who 
seeks to provide, support, or maintain, election in-
frastructure on behalf of a State, unit of local gov-
ernment, or election agency (as defined in section 
3601 of the Election Security Act) who meets the 
criteria described in paragraph (2). 
‘‘(2) CRITERIA.—The criteria described in this 
paragraph are such criteria as the Chairman, in co-
ordination with the Secretary of Homeland Security, 
shall establish and publish, and shall include each of 
the following requirements: 
‘‘(A) The vendor must be owned and con-
trolled by a citizen or permanent resident of the 
United States. 
‘‘(B) The vendor must disclose to the 
Chairman and the Secretary, and to the chief 
State election official of any State to which the 
vendor provides any goods and services with 
funds provided under this part, of any sourcing 
outside the United States for parts of the elec-
tion infrastructure. 
‘‘(C) The vendor must disclose to the 
Chairman and the Secretary, and to the chief 
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355 
State election official of any State to which the 
vendor provides any goods and services with 
funds provided under this part, the identifica-
tion of any entity or individual with a more 
than five percent ownership interest in the ven-
dor. 
‘‘(D) The vendor agrees to ensure that the 
election infrastructure will be developed and 
maintained in a manner that is consistent with 
the cybersecurity best practices issued by the 
Technical Guidelines Development Committee. 
‘‘(E) The vendor agrees to maintain its in-
formation technology infrastructure in a man-
ner that is consistent with the cybersecurity 
best practices issued by the Technical Guide-
lines Development Committee. 
‘‘(F) The vendor agrees to ensure that the 
election infrastructure will be developed and 
maintained in a manner that is consistent with 
the supply chain best practices issued by the 
Technical Guidelines Development Committee. 
‘‘(G) The vendor agrees to ensure that it 
has personnel policies and practices in place 
that are consistent with personnel best prac-
tices, including cybersecurity training and back-
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356 
ground checks, issued by the Technical Guide-
lines Development Committee. 
‘‘(H) The vendor agrees to ensure that the 
election infrastructure will be developed and 
maintained in a manner that is consistent with 
data integrity best practices, including require-
ments for encrypted transfers and validation, 
testing and checking printed materials for accu-
racy, and disclosure of quality control incidents, 
issued by the Technical Guidelines Development 
Committee 
‘‘(I) The vendor agrees to meet the re-
quirements of paragraph (3) with respect to 
any known or suspected cybersecurity incidents 
involving any of the goods and services provided 
by the vendor pursuant to a grant under this 
part. 
‘‘(J) The vendor agrees to permit inde-
pendent security testing by the Commission (in 
accordance with section 231(a)) and by the Sec-
retary of the goods and services provided by the 
vendor pursuant to a grant under this part. 
‘‘(3) CYBERSECURITY
INCIDENT
REPORTING 
REQUIREMENTS.— 
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‘‘(A) IN GENERAL.—A vendor meets the 
requirements of this paragraph if, upon becom-
ing aware of the possibility that an election cy-
bersecurity incident has occurred involving any 
of the goods and services provided by the ven-
dor pursuant to a grant under this part— 
‘‘(i) the vendor promptly assesses 
whether or not such an incident occurred, 
and submits a notification meeting the re-
quirements of subparagraph (B) to the 
Secretary and the Chairman of the assess-
ment as soon as practicable (but in no case 
later than 3 days after the vendor first be-
comes aware of the possibility that the in-
cident occurred); 
‘‘(ii) if the incident involves goods or 
services provided to an election agency, the 
vendor submits a notification meeting the 
requirements of subparagraph (B) to the 
agency as soon as practicable (but in no 
case later than 3 days after the vendor 
first becomes aware of the possibility that 
the incident occurred), and cooperates with 
the agency in providing any other nec-
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358 
essary notifications relating to the inci-
dent; and 
‘‘(iii) the vendor provides all necessary 
updates to any notification submitted 
under clause (i) or clause (ii). 
‘‘(B) CONTENTS
OF
NOTIFICATIONS.— 
Each notification submitted under clause (i) or 
clause (ii) of subparagraph (A) shall contain 
the following information with respect to any 
election cybersecurity incident covered by the 
notification: 
‘‘(i) The date, time, and time zone 
when the election cybersecurity incident 
began, if known. 
‘‘(ii) The date, time, and time zone 
when the election cybersecurity incident 
was detected. 
‘‘(iii) The date, time, and duration of 
the election cybersecurity incident. 
‘‘(iv) The circumstances of the elec-
tion cybersecurity incident, including the 
specific election infrastructure systems be-
lieved to have been accessed and informa-
tion acquired, if any. 
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359 
‘‘(v) Any planned and implemented 
technical measures to respond to and re-
cover from the incident. 
‘‘(vi) In the case of any notification 
which is an update to a prior notification, 
any additional material information relat-
ing to the incident, including technical 
data, as it becomes available. 
‘‘SEC. 298B. ELIGIBILITY OF STATES. 
‘‘A State is eligible to receive a grant under this part 
if the State submits to the Commission, at such time and 
in such form as the Commission may require, an applica-
tion containing— 
‘‘(1) a description of how the State will use the 
grant to carry out the activities authorized under 
this part; 
‘‘(2) a certification and assurance that, not 
later than 5 years after receiving the grant, the 
State will carry out risk-limiting audits and will 
carry out voting system security improvements, as 
described in section 298A; and 
‘‘(3) such other information and assurances as 
the Commission may require. 
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360 
‘‘SEC. 298C. REPORTS TO CONGRESS. 
‘‘Not later than 90 days after the end of each fiscal 
year, the Commission shall submit a report to the appro-
priate congressional committees, including the Committees 
on Homeland Security, House Administration, and the Ju-
diciary of the House of Representatives and the Commit-
tees on Homeland Security and Governmental Affairs, the 
Judiciary, and Rules and Administration of the Senate, 
on the activities carried out with the funds provided under 
this part. 
‘‘SEC. 298D. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) AUTHORIZATION.—There are authorized to be 
appropriated for grants under this part— 
‘‘(1) $1,000,000,000 for fiscal year 2021; and 
‘‘(2) $175,000,000 for each of the fiscal years 
2022, 2024, 2026, and 2028. 
‘‘(b) CONTINUING AVAILABILITY OF AMOUNTS.—Any 
amounts appropriated pursuant to the authorization of 
this section shall remain available until expended.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act, as amended by section 1622(c), is amended 
by adding at the end of the items relating to subtitle D 
of title II the following: 
‘‘PART 8—GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING 
SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS 
‘‘Sec. 298. Grants for obtaining compliant paper ballot voting systems and 
carrying out voting system security improvements. 
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‘‘Sec. 298A. Voting system security improvements described. 
‘‘Sec. 298B. Eligibility of States. 
‘‘Sec. 298C. Reports to Congress. 
‘‘Sec. 298D. Authorization of appropriations. 
SEC. 3002. COORDINATION OF VOTING SYSTEM SECURITY 
ACTIVITIES WITH USE OF REQUIREMENTS 
PAYMENTS AND ELECTION ADMINISTRATION 
REQUIREMENTS 
UNDER 
HELP 
AMERICA 
VOTE ACT OF 2002. 
(a) DUTIES
OF ELECTION ASSISTANCE COMMIS-
SION.—Section 202 of the Help America Vote Act of 2002 
(52 U.S.C. 20922) is amended in the matter preceding 
paragraph (1) by striking ‘‘by’’ and inserting ‘‘and the se-
curity of election infrastructure by’’. 
(b) MEMBERSHIP OF SECRETARY OF HOMELAND SE-
CURITY ON BOARD OF ADVISORS OF ELECTION ASSIST-
ANCE COMMISSION.—Section 214(a) of such Act (52 
U.S.C. 20944(a)) is amended— 
(1) by striking ‘‘37 members’’ and inserting 
‘‘38 members’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(17) The Secretary of Homeland Security or 
the Secretary’s designee.’’. 
(c) REPRESENTATIVE OF DEPARTMENT OF HOME-
LAND SECURITY ON TECHNICAL GUIDELINES DEVELOP-
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362 
MENT COMMITTEE.—Section 221(c)(1) of such Act (52 
U.S.C. 20961(c)(1)) is amended— 
(1) by redesignating subparagraph (E) as sub-
paragraph (F); and 
(2) by inserting after subparagraph (D) the fol-
lowing new subparagraph: 
‘‘(E) A representative of the Department 
of Homeland Security.’’. 
(d) GOALS OF PERIODIC STUDIES OF ELECTION AD-
MINISTRATION ISSUES; CONSULTATION WITH SECRETARY 
OF HOMELAND SECURITY.—Section 241(a) of such Act 
(52 U.S.C. 20981(a)) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘the Commission shall’’ and inserting ‘‘the 
Commission, in consultation with the Secretary of 
Homeland Security (as appropriate), shall’’; 
(2) by striking ‘‘and’’ at the end of paragraph 
(3); 
(3) by redesignating paragraph (4) as para-
graph (5); and 
(4) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) will be secure against attempts to under-
mine the integrity of election systems by cyber or 
other means; and’’. 
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(e) REQUIREMENTS PAYMENTS.— 
(1) USE OF PAYMENTS FOR VOTING SYSTEM 
SECURITY IMPROVEMENTS.—Section 251(b) of such 
Act (52 U.S.C. 21001(b)), as amended by section 
1061(a)(2), is further amended by adding at the end 
the following new paragraph: 
‘‘(5) PERMITTING USE OF PAYMENTS FOR VOT-
ING
SYSTEM
SECURITY
IMPROVEMENTS.—A State 
may use a requirements payment to carry out any 
of the following activities: 
‘‘(A) Cyber and risk mitigation training. 
‘‘(B) Providing increased technical support 
for any information technology infrastructure 
that the chief State election official deems to be 
part of the State’s election infrastructure or 
designates as critical to the operation of the 
State’s election infrastructure. 
‘‘(C) Enhancing the cybersecurity and op-
erations of the information technology infra-
structure described in subparagraph (B). 
‘‘(D) Enhancing the security of voter reg-
istration databases.’’. 
(2) INCORPORATION
OF
ELECTION
INFRA-
STRUCTURE PROTECTION IN STATE PLANS FOR USE 
OF PAYMENTS.—Section 254(a)(1) of such Act (52 
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pamtmann on DSKBC07HB2PROD with BILLS
364 
U.S.C. 21004(a)(1)) is amended by striking the pe-
riod at the end and inserting ‘‘, including the protec-
tion of election infrastructure.’’. 
(3) COMPOSITION OF COMMITTEE RESPONSIBLE 
FOR DEVELOPING STATE PLAN FOR USE OF PAY-
MENTS.—Section 255 of such Act (52 U.S.C. 
21005) is amended— 
(A) by redesignating subsection (b) as sub-
section (c); and 
(B) by inserting after subsection (a) the 
following new subsection: 
‘‘(b) GEOGRAPHIC REPRESENTATION.—The mem-
bers of the committee shall be a representative group of 
individuals from the State’s counties, cities, towns, and 
Indian tribes, and shall represent the needs of rural as 
well as urban areas of the State, as the case may be.’’. 
(f) ENSURING
PROTECTION
OF
COMPUTERIZED 
STATEWIDE
VOTER
REGISTRATION
LIST.—Section 
303(a)(3) of such Act (52 U.S.C. 21083(a)(3)) is amend-
ed by striking the period at the end and inserting ‘‘, as 
well as other measures to prevent and deter cybersecurity 
incidents, as identified by the Commission, the Secretary 
of Homeland Security, and the Technical Guidelines De-
velopment Committee.’’. 
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