SEC. 5. DEVELOPMENT OF REDISTRICTING PLAN BY INDE-
PENDENT COMMISSION; PUBLIC NOTICE AND 
INPUT. 
(a) DEVELOPMENT OF REDISTRICTING PLAN.— 
(1) CRITERIA.—The independent redistricting 
commission of a State shall develop a redistricting 
plan for the State in accordance with the following 
criteria: 
(A) Districts shall comply with the Con-
stitution of the United States and the Voting 
Rights Act of 1965 (42 U.S.C. 1971 et seq.). 
The plan shall neither disperse nor concentrate 
minority populations protected under the Vot-
ing Rights Act in a manner that has an adverse 
effect on their ability to elect their candidate of 
choice. 
(B) District boundaries shall respect com-
munities of interest to the extent practicable. 
Communities of interest shall include, but not 
be limited to, shared socio-economic status 
characteristics, history of joint governmental co-
operation, housing characteristics, language at 
home, educational attainment levels, and neigh-
borhoods. Communities of interest shall not be 
defined as representation by a particular legis-
lator. 
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(C) Districts shall each have equal popu-
lation per representative, to the extent prac-
ticable, and in accordance with federal constitu-
tional standards. 
(D) Districts shall be geographically con-
tiguous. 
(E) To the extent practicable, district lines 
shall use visible geographic features and shall 
remain within geographic boundaries. 
(F) To the extent practicable and con-
sistent with subparagraphs (A), (B), (C), (D), 
and (E), district lines shall use city and county 
boundaries, or undivided census tracts or block 
groups. 
(G) To the extent practicable, districts 
shall be geographically compact. 
(2) 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 Voting Rights Act of 1965: 
(A) The voting history of the population of 
a Congressional district, except that the com-
mission may take such history into consider-
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ation to the extent necessary to comply with 
any State law which requires the establishment 
of competitive Congressional districts. 
(B) The political party affiliation of the 
population of a district. 
(C) The residence of incumbent Members 
of the House of Representatives in the State. 
(3) PUBLIC NOTICE AND INPUT.— 
(A) PUBLIC HEARINGS; SOLICITATION OF 
INPUT
FROM
PUBLIC.—The commission shall 
hold each of its meetings in public, and shall so-
licit and take into consideration comments from 
the public in developing the redistricting plan 
for the State. The commission shall notify the 
public through the publication of notice in 
newspapers of general circulation throughout 
the State, and through a public Internet site of 
the State government, of the time and place of 
its meetings, of its solicitation of public com-
ments, and of the means by which the public 
should submit comments to the commission. 
(B) NOTICE OF PLANS.—At the time the 
commission submits a redistricting plan to the 
legislature of the State under subsection (b)(1), 
the commission shall notify the public through 
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the publication of notice in newspapers of gen-
eral circulation throughout the State, and shall 
publish a detailed version of the plan (including 
a map showing each Congressional district es-
tablished under the plan and the voting age 
population by race of each such district) on a 
public Internet site of the State government. 
The commission shall provide such public notice 
of any redistricting plan it develops for a min-
imum of four weeks prior to submission of that 
plan to the legislature as provided for in sub-
section (b). 
(b) SUBMISSION OF PLANS TO LEGISLATURE.— 
(1) IN GENERAL.—At any time prior to the 
first November 1 which occurs after the chief execu-
tive of the State receives the State apportionment 
notice, the commission may submit redistricting 
plans developed by the commission under this sec-
tion to the legislature of the State. 
(2) CONSIDERATION
OF
PLAN
BY
LEGISLA-
TURE.—After receiving any redistricting plan under 
paragraph (1), the legislature of a State may— 
(A) approve the plan as submitted by the 
commission without amendment and forward 
the plan to the chief executive of the State; or 
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(B) reject the plan. 
(3) ENACTMENT OF PLAN.— 
(A) IN GENERAL.—A redistricting plan de-
veloped by the commission shall be considered 
to be enacted into law only if the plan is for-
warded to the chief executive of the State pur-
suant to paragraph (2)(A) and— 
(i) the chief executive approves the 
plan as forwarded by the legislature with-
out amendment; or 
(ii) the chief executive vetoes the plan 
and the legislature overrides the veto in ac-
cordance with the applicable law of the 
State, except that at no time may the plan 
be amended. 
(B) SPECIAL
RULE.—In the case of a 
State in which the chief executive is prohibited 
under State law from acting on a redistricting 
plan, a redistricting plan developed by the com-
mission shall be considered to be enacted into 
law if— 
(i) the plan is submitted to the legisla-
ture of the State; and 
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(ii) the legislature approves the plan 
as submitted by the commission without 
amendment. 
SEC. 6. SELECTION OF PLAN BY COURTS. 
(a) STATE COURT.— 
(1) SUBMISSION AND SELECTION OF PLAN.—If 
a redistricting plan developed by the independent re-
districting commission of a State is not enacted into 
law under section 5(b)(3) by the first November 1 
which occurs after the chief executive of the State 
receives the State apportionment notice, the commis-
sion may submit redistricting plans developed by the 
commission in accordance with section 5 to the high-
est court of the State, which may select and publish 
one of the submitted plans to serve as the redis-
tricting plan for the State. 
(2) NO MODIFICATION OF PLAN PERMITTED.— 
The highest court of a State may not modify any re-
districting plan submitted under this subsection. 
(b) FEDERAL COURT.— 
(1) FAILURE
OF
STATE
COURT
TO
SELECT 
PLAN.— 
(A) NOTICE TO COURT IF PLAN NOT SE-
LECTED BY STATE COURT.—If a State court to 
whom redistricting plans have been submitted 
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under subsection (a) does not select a plan to 
serve as the redistricting plan for the State 
under such subsection on or before the first De-
cember 1 which occurs after the chief executive 
of the State receives the State apportionment 
notice, the State shall file a notice with the 
United States district court for the district in 
which the capital of the State is located. 
(B) DEVELOPMENT
AND
SELECTION
OF 
PLAN BY FEDERAL COURT.—Not later than 30 
days after receiving a notice from a State under 
subparagraph (A), the court shall develop and 
publish a final redistricting plan for the State. 
(2) FAILURE OF STATE TO ESTABLISH COMMIS-
SION.— 
(A) IN GENERAL.—If a State does not es-
tablish an independent redistricting commission 
under section 4 by the first September 1 which 
occurs after the chief executive of the State re-
ceives the State apportionment notice— 
(i) the State may not establish the 
commission; and 
(ii) the United States district court 
for the district in which the capital of the 
State is located shall develop and publish 
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a final redistricting plan for the State not 
later than the first December 1 which oc-
curs after the chief executive of the State 
receives the State apportionment notice. 
(B) DETERMINATION OF FAILURE TO ES-
TABLISH COMMISSION.—For purposes of sub-
paragraph (A), a State shall be considered to 
have failed to establish an independent redis-
tricting commission by the date referred to in 
such subparagraph if a chair of the commission 
has not been appointed on or before such date. 
(3) CRITERIA.—It is the sense of Congress 
that, in developing a redistricting plan for a State 
under this subsection, the district court should ad-
here to the same terms and conditions that applied 
to the development of the plan of the commission 
under section 5(a). 
(c) ACCESS
TO INFORMATION
AND RECORDS
OF 
COMMISSION.—A court which is required to select, pub-
lish, or develop a redistricting plan for a State under this 
section shall have access to any information, data, soft-
ware, or other records and material used by the inde-
pendent redistricting commission of the State in carrying 
out its duties under this Act. 
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SEC. 7. SPECIAL RULE FOR REDISTRICTING CONDUCTED 
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, sections 5 
and 6 shall apply with respect to the redistricting, except 
that— 
(1) the deadline for the establishment of the 
independent redistricting commission and the ap-
pointment of the commission’s chair (as described in 
section 4(d)(1)) shall be the expiration of the 30-day 
period which begins on the date of the final order of 
the Federal court to conduct the redistricting; 
(2) the deadline for the submission of redis-
tricting plans to the legislature by the commission, 
and the date of the termination of the commission 
(as described in section 4(f)) shall be the expiration 
of the 150-day period which begins on the date of 
the final order of the Federal court to conduct the 
redistricting; 
(3) the deadline for the selection and publica-
tion of the plan by the highest court of the State (as 
described in section 6(a)) shall be the expiration of 
the 180-day period which begins on the date of the 
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final order of the Federal court to conduct the redis-
tricting; and 
(4) the deadline for the selection and publica-
tion of the plan by the district court of the United 
States (as described in section 6(b)) shall be the ex-
piration of the 210-day period which begins on the 
date of the final order of the Federal court to con-
duct the redistricting. 
SEC. 8. PAYMENTS TO STATES FOR CARRYING OUT REDIS-
TRICTING. 
(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 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 ESTABLISHMENT OF COMMISSION AS 
CONDITION OF PAYMENT.—The Election Assistance Com-
mission may not make a payment to a State under this 
section until the State certifies to the Commission that 
the State has established an independent redistricting 
commission, and that a chair of the commission has been 
appointed, in accordance with section 4. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary for payments under this section. 
SEC. 9. STATE APPORTIONMENT NOTICE DEFINED. 
In this Act, 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 section 
22(b) of the Act entitled ‘‘An Act to provide for the fif-
teenth and subsequent decennial censuses and to provide 
for an apportionment of Representatives in Congress’’, ap-
proved June 18, 1929 (2 U.S.C. 2a), of the number of 
Representatives to which the State is entitled. 
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SEC. 10. CIVIL ENFORCEMENT AND PRIVATE RIGHT OF AC-
TION. 
(a) ATTORNEY GENERAL.—The Attorney General 
may bring a civil action in an appropriate district court 
for such declaratory or injunctive relief as is necessary to 
carry out this Act. 
(b) AVAILABILITY OF PRIVATE RIGHT OF ACTION.— 
(1) ACTION CHALLENGING CONTENTS OF STATE 
REDISTRICTING PLAN.—A person who is aggrieved 
by a violation of this Act which consists of the fail-
ure of a State redistricting plan enacted into law 
under section 5(b)(3) to be in compliance with para-
graph (1) or paragraph (2) of section 5(a) may 
bring a civil action in an appropriate district court 
for declaratory or injunctive relief. 
(2) OTHER
ACTIONS.—A person who is ag-
grieved by a violation of this Act which is not de-
scribed in paragraph (1) may bring a civil action in 
an appropriate district court for declaratory or in-
junctive relief with respect to the violation if— 
(A) the person provides written notice of 
the violation to the chair of the independent re-
districting commission of the State involved; 
(B) the violation is not corrected during 
the 90-day period which begins on the date of 
the receipt of the written notice; and 
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(C) the person brings the action not later 
than 30 days after the expiration of the 90-day 
period referred to in clause (ii). 
(3) STATUTE OF LIMITATIONS.—No civil action 
may be brought under this subsection with respect 
to a State after the expiration of the 30-day period 
which begins on the date the State redistricting plan 
is enacted into law under section 5(b)(3). 
(c) EXPEDITED JUDICIAL REVIEW.—In any action 
brought for declaratory or injunctive relief under this sec-
tion, the following rules shall apply: 
(1) The action shall be filed in the appropriate 
United States district court and shall be heard by a 
3-judge court convened pursuant to section 2284 of 
title 28, United States Code. 
(2) The 3-judge court shall consolidate actions 
brought for relief under subsection (b)(1) with re-
spect to the same State redistricting plan. 
(3) A copy of the complaint shall be delivered 
promptly to the Clerk of the House of Representa-
tives and the Secretary of the Senate. 
(4) 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 
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days, and the filing of a jurisdictional statement 
within 30 days, of the entry of the final decision. 
(5) 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. 
(d) LOCATION OF COURT.—For purposes of an action 
under this section, the appropriate district court shall be 
the district court of the United States for the district 
which includes the capital of the State involved. 
(e) 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. 
(f) RELATION TO OTHER LAWS.—(1) 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 Act shall supersede, restrict, or 
limit the application of the Voting Rights Act of 1965 (42 
U.S.C. 1973 et seq.). 
(2) Nothing in this Act authorizes or requires con-
duct that is prohibited by the Voting Rights Act of 1965 
(42 U.S.C. 1973 et seq.). 
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SEC. 11. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
become effective upon the date of enactment. 
Æ 
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