I 
115TH CONGRESS 
1ST SESSION H. R. 3057 
To establish the use of ranked choice voting in elections for Representatives 
in Congress, to require each State with more than one Representative 
to establish multi-member Congressional districts, to require States to 
conduct Congressional redistricting through independent commissions, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2017 
Mr. BEYER (for himself, Mr. RASKIN, and Mr. KHANNA) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committee on House Administration, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To establish the use of ranked choice voting in elections 
for Representatives in Congress, to require each State 
with more than one Representative to establish multi- 
member Congressional districts, to require States to con-
duct Congressional redistricting through independent 
commissions, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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Sec. 311. Independent redistricting commission. 
Sec. 312. Establishment of selection pool of individuals eligible to serve as 
members of commission. 
Sec. 313. Criteria for redistricting plan by independent commission; public no-
tice and input. 
Sec. 314. Establishment of related entities. 
Subtitle C—Role of Courts in Development of Redistricting Plans 
Sec. 321. Enactment of plan developed by 3-judge court. 
Sec. 322. Special rule for redistricting conducted under order of Federal court. 
Subtitle D—Administrative and Miscellaneous Provisions 
Sec. 331. Payments to States for carrying out redistricting. 
Sec. 332. Civil enforcement. 
Sec. 333. State apportionment notice defined. 
TITLE IV—GENERAL PROVISIONS 
Sec. 401. No effect on elections for State and local office. 
Sec. 402. Severability. 
Sec. 403. Effective date. 
SEC. 2. FINDING OF CONSTITUTIONAL AUTHORITY. 
Congress finds that it has the authority to establish 
the terms and conditions States must follow in carrying 
out Congressional redistricting after an apportionment of 
Members of the House of Representatives and in admin-
istering elections for the House of Representatives be-
cause— 
(1) the authority granted to Congress under ar-
ticle I, section 4 of the Constitution of the United 
States gives Congress the power to enact laws gov-
erning the time, place, and manner of elections for 
Members of the House of Representatives; and 
(2) the authority granted to Congress under 
section 5 of the fourteenth amendment to the Con-
stitution gives Congress the power to enact laws to 
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enforce section 2 of such amendment, which requires 
Representatives to be apportioned among the several 
States according to their number. 
TITLE I—RANKED CHOICE 
VOTING 
SEC. 101. REQUIRING RANKED CHOICE VOTING FOR ELEC-
TION OF REPRESENTATIVES. 
(a) IN GENERAL.—Title III of the Help America 
Vote Act of 2001 (52 U.S.C. 21081 et seq.) is amended 
by adding at the end the following new subtitle: 
‘‘Subtitle C—Ranked Choice Voting 
‘‘PART 1—REQUIRING RANKED CHOICE VOTING 
FOR ELECTION OF REPRESENTATIVES 
‘‘SEC. 321. REQUIRING RANKED CHOICE VOTING FOR ELEC-
TION OF REPRESENTATIVES. 
‘‘(a) RANKED CHOICE VOTING.—Each State shall 
carry out elections for the office of Representative in Con-
gress, including primary, special, and runoff elections for 
such office, using 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, in accordance with 
this title. 
‘‘(b) BALLOT DESIGN.—Each State shall ensure that 
the ballot used in an election carried out using a system 
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of ranked choice voting under this title meets each of the 
following requirements: 
‘‘(1) The ballot shall be simple and easy to un-
derstand. 
‘‘(2) The ballot shall include all qualified can-
didates for the election and (to the extent permitted 
under State law) options for voters to select write- 
in candidates. If feasible, the ballot shall permit vot-
ers to rank every candidate in the election. If it is 
not feasible for the ballot to permit voters to rank 
every candidate, the State may limit the number of 
candidates who may be ranked on the ballot to not 
fewer than 6. 
‘‘(3) The ballot shall include such instructions 
as the State considers necessary to enable the voter 
to rank candidates and successfully cast the ballot 
under the system. 
‘‘SEC. 322. APPLICATION TO DISTRICT OF COLUMBIA AND 
TERRITORIES. 
‘‘(a) ELECTION OF DELEGATES AND RESIDENT COM-
MISSIONER.—In this subtitle, the term ‘Representative’ in-
cludes a Delegate or Resident Commissioner to the Con-
gress. 
‘‘(b) APPLICATION
TO NORTHERN MARIANA IS-
LANDS.—This subtitle shall apply with respect to the 
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Commonwealth of the Northern Mariana Islands in the 
same manner as this subtitle applies to a State. 
‘‘SEC. 323. TREATMENT OF STATES NOT HOLDING PRIMARY 
ELECTIONS PRIOR TO DATE OF GENERAL 
ELECTION. 
‘‘Nothing in this title shall be construed to require 
a State to hold a primary election for the office of Rep-
resentative in Congress prior to the date established under 
section 25 of the Revised Statutes of the United States 
(2 U.S.C. 7) for the regularly scheduled general election 
for such office, so long as the determination of the can-
didates who are elected to such office is based solely on 
the votes cast with respect to the election held on such 
date, as determined in accordance with the system of 
ranked choice voting under this title. 
‘‘PART 2—TABULATION PROCESS 
‘‘SEC. 
331. 
TABULATION 
FOR 
SINGLE-SEAT 
CONGRES-
SIONAL ELECTIONS. 
‘‘(a) IN GENERAL.— 
‘‘(1) DETERMINATION OF CANDIDATE’S NUM-
BER OF VOTES.—In a single-seat election, the num-
ber of votes received by a candidate shall be equal 
to the sum of— 
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‘‘(A) the number of ballots cast in the elec-
tion on which the candidate was the highest- 
ranked candidate; and 
‘‘(B) the number of votes transferred to 
the candidate under subsection (b)(2). 
‘‘(2) CRITERIA FOR ELECTION.—In the case of 
a single-seat election, a candidate shall be elected to 
the office of Representative in Congress (or, in the 
case of a primary election, shall advance to the gen-
eral election for such office as provided under the 
law of the State involved) if— 
‘‘(A) the candidate receives a number of 
votes greater than 50 percent of the number of 
ballots cast in the election; or 
‘‘(B) if the election official carries out an 
additional round of tabulation under subsection 
(b), the candidate receives the greatest number 
of votes of the 2 remaining continuing can-
didates (as described in such subsection). 
‘‘(b) PROCESS IN CASE NO CANDIDATE ELECTED 
UNDER INITIAL TABULATION.— 
‘‘(1) ADDITIONAL ROUNDS OF TABULATION.— 
If, under the initial tabulation of ballots in a single- 
seat election, no candidate is elected to office (or, in 
the case of a primary election, no candidate ad-
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vances to the general election for such office) under 
the criteria described in subsection (a)(2)(A), the 
election official shall carry out additional rounds of 
tabulation in accordance with paragraph (2) until 
only 2 continuing candidates remain. 
‘‘(2) TREATMENT OF BALLOTS IN ADDITIONAL 
ROUNDS.—In each additional round of tabulation 
carried out under this subsection— 
‘‘(A) the candidate receiving the fewest 
number of votes among all candidates (or, in 
the case of a State which applies batch elimi-
nation under paragraph (3), each candidate in 
the batch elimination group) shall be treated as 
a defeated candidate; 
‘‘(B) for each ballot cast for a defeated 
candidate, the election official shall determine 
the highest-ranked candidate on the ballot who 
is a continuing candidate; and 
‘‘(C) the vote cast on the ballot shall be 
transferred to, and added to the total number 
of votes received by, the highest-ranked con-
tinuing candidate determined under subpara-
graph (B). 
‘‘(3) PERMITTING STATE TO USE BATCH ELIMI-
NATION TO DETERMINE MULTIPLE DEFEATED CAN-
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DIDATES.—At the option of the State, with respect 
to any additional round of tabulation carried out 
under this subsection, a State may use batch elimi-
nation to treat multiple candidates as defeated can-
didates for purposes of paragraph (2) if such can-
didates may be placed in a batch elimination group 
described as follows: 
‘‘(A) If a candidate is in the group, the 
group includes each candidate who has received 
a total number of votes which is less than or 
equal to the total number of votes received by 
the candidate. 
‘‘(B) The total number of votes received by 
all candidates in the group is less than the 
number of votes received by any candidate who 
is not in the group. 
‘‘(C) At least 2 candidates are not in the 
group. 
‘‘(c) DEFINITIONS.—In this section— 
‘‘(1) the term ‘continuing candidate’ means, 
with respect to an additional round of tabulation 
conducted under subsection (b), a candidate who is 
not treated as a defeated candidate during the tab-
ulation of ballots under this section; and 
‘‘(2) the term ‘single-seat election’ means— 
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‘‘(A) a general election in which one Rep-
resentative shall be elected; or 
‘‘(B) a primary election in which one can-
didate shall advance to the general election. 
‘‘SEC. 332. TABULATION FOR MULTI-SEAT CONGRESSIONAL 
ELECTIONS. 
‘‘(a) IN GENERAL.— 
‘‘(1) DETERMINATION OF CANDIDATE’S NUM-
BER OF VOTES.—In the case of a multi-seat election, 
the number of votes received by a candidate shall be 
equal to the sum of— 
‘‘(A) the number of ballots cast in the elec-
tion on which the candidate was the highest- 
ranked candidate, based on the initial tabula-
tion of ballots; and 
‘‘(B) the number of votes transferred and 
added with respect to the candidate under sub-
section (b). 
‘‘(2) CRITERIA FOR ELECTION.—In the case of 
a multi-seat election, a candidate shall be considered 
to be a winning candidate and shall be elected to one 
of the offices of Representative in the Congressional 
district (or, in the case of a primary election, shall 
advance to the general election for such offices as 
provided under the law of the State involved) if— 
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‘‘(A) the candidate receives a number of 
votes greater than the multi-seat election 
threshold, as determined under this section; or 
‘‘(B) the candidate is a continuing can-
didate and the total number of winning and 
continuing candidates is equal to or less than 
the required number of winning candidates with 
respect to the election. 
‘‘(b) PROCESS IN CASE OF INSUFFICIENT NUMBER 
OF WINNING CANDIDATES.— 
‘‘(1) ADDITIONAL ROUNDS OF TABULATION.— 
‘‘(A) IN
GENERAL.—If under the initial 
tabulation of ballots in a multi-seat election, the 
number of winning candidates is less than the 
required number of winning candidates with re-
spect to the election and there is at least one 
continuing candidate, the election official shall 
carry out additional rounds of tabulation in ac-
cordance with this subsection until the number 
of winning candidates is equal to such required 
number of winning candidates. 
‘‘(B) ADDITIONAL ROUNDS DESCRIBED.— 
The additional rounds of tabulation under this 
subsection are as follows: 
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‘‘(i) Surplus vote tabulation rounds 
under which surplus votes cast for winning 
candidates are transferred to other can-
didates, as described in paragraph (2). 
‘‘(ii) Candidate elimination rounds 
under which votes cast for defeated can-
didates are transferred to other candidates, 
as described in paragraph (3). 
‘‘(2) SURPLUS VOTE TABULATION ROUNDS.— 
‘‘(A) TRANSFER OF PERCENTAGE OF WIN-
NING
CANDIDATE’S
VOTES
TO
NEXT-HIGHEST 
RANKED
CANDIDATE.—Under a surplus vote 
tabulation round carried out under this para-
graph, the election official shall transfer to, and 
add to the total number of votes received by, 
each continuing candidate a number of votes 
equal to the product of— 
‘‘(i) the surplus vote allocation per-
centage for the winning candidate who has 
received the greatest number of votes as of 
the beginning of the surplus vote tabula-
tion round (as determined under subpara-
graph (B)), excluding any candidate from 
whom surplus votes have been transferred 
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in any previous surplus vote tabulation 
round under this paragraph; and 
‘‘(ii) the number of ballots cast for 
such winning candidate on which such con-
tinuing candidate was the highest-ranked 
continuing candidate, as determined by the 
election official. 
‘‘(B) DETERMINATION
OF
NUMBER
OF 
VOTES RECEIVED BY CANDIDATE AS OF BEGIN-
NING OF ROUND.—For purposes of clause (i) of 
subparagraph (A), the number of votes received 
by a candidate as of the beginning of a surplus 
vote tabulation round under this paragraph 
shall be determined by taking into account— 
‘‘(i) the transfer of surplus votes to 
the candidate in a previous surplus tabula-
tion round under this paragraph (if any), 
and 
‘‘(ii) the transfer of votes to the can-
didate in a candidate elimination round 
carried out under paragraph (3) (if any). 
‘‘(C) ONE-TIME TRANSFER.—After trans-
ferring votes cast with respect to a winning 
candidate during a surplus vote tabulation 
round under this paragraph, the election official 
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may not make any subsequent transfer of any 
of such candidate’s votes during any subsequent 
surplus vote tabulation round under this para-
graph. 
‘‘(D) SURPLUS
VOTE
ALLOCATION
PER-
CENTAGE
DEFINED.—In this paragraph, the 
term ‘surplus vote percentage’ means, with re-
spect to a winning candidate, an amount (ex-
pressed as a percentage) equal to— 
‘‘(i) the difference between the total 
number of votes received by the candidate, 
as determined under subsection (a)(1), and 
the multi-seat election threshold; divided 
by 
‘‘(ii) the total number of votes re-
ceived by the candidate, as determined 
under subsection (a)(1), 
rounded to 4 decimal places. 
‘‘(3) CANDIDATE ELIMINATION ROUNDS.— 
‘‘(A) TRANSFER
OF
VOTES
CAST
FOR 
ELIMINATED
CANDIDATES.—Subject to sub-
paragraph (C), the election official shall carry 
out candidate elimination rounds under this 
paragraph as follows: 
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‘‘(i) The candidate receiving the few-
est number of votes among all candidates 
as of the beginning of the round, after tak-
ing into account the transfer of surplus 
votes in any surplus vote tabulation round 
carried out under paragraph (2) and the 
transfer of votes cast for defeated can-
didates under any previous candidate elimi-
nation round carried out under this para-
graph (or, in the case of a State which ap-
plies batch elimination under subparagraph 
(B), each candidate in the batch elimi-
nation group), shall be treated as a de-
feated candidate. 
‘‘(ii) For each ballot cast for a de-
feated candidate, the election official shall 
determine the highest-ranked candidate on 
the ballot who is a continuing candidate. 
‘‘(iii) The vote cast on the ballot shall 
be transferred to, and added to the total 
number of votes received by, the highest- 
ranked continuing candidate determined 
under clause (ii). 
‘‘(B) PERMITTING STATE TO USE BATCH 
ELIMINATION
TO
DETERMINE
MULTIPLE
DE-
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ceived by any other continuing candidate 
(after taking into account such transfer). 
‘‘(iii) The total number of votes re-
ceived by all candidates in the group (after 
taking into account such transfers of 
votes) is less than the multi-seat election 
threshold. 
‘‘(iv) The number of continuing can-
didates who are not in the group is equal 
to or greater than the difference between 
the number of candidates who have been 
elected to office under the criteria de-
scribed in subsection (a)(2) and the num-
ber of Representatives to be elected from 
the district. 
‘‘(C) CANDIDATE
ELIMINATION
ROUND 
PERMITTED ONLY IF NO SURPLUS VOTE TAB-
ULATION ROUND POSSIBLE.—The election offi-
cial may not carry out a candidate elimination 
round under this paragraph unless, as of the 
beginning of the candidate elimination round, 
there are no winning candidates from whom 
surplus votes may be transferred under a sur-
plus vote tabulation round under paragraph (2). 
‘‘(c) OTHER DEFINITIONS.—In this section— 
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‘‘(1) the term ‘continuing candidate’ means, 
with respect to an additional round of tabulation 
conducted under subsection (b), a candidate who is 
neither a winning candidate nor a candidate who is 
treated as a defeated candidate under such sub-
section during the tabulation of ballots under this 
section; 
‘‘(2) the ‘required number of winning can-
didates’ with respect to an election means— 
‘‘(A) in the case of a general election, the 
number of Representatives to be elected in the 
Congressional district involved, or 
‘‘(B) in the case of a primary election, the 
number of candidates required to advance to 
the general election for the offices of Represent-
atives as provided under the law of the State 
involved; 
‘‘(3) the term ‘multi-seat election’ means— 
‘‘(A) a general election in which more than 
one Representative shall be elected, or 
‘‘(B) a primary election in which more 
than one candidate shall advance to the general 
election (without regard to the number of Rep-
resentatives who shall be elected in that general 
election); 
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‘‘(4) the term ‘multi-seat election threshold’ 
means, with respect to an election, an amount equal 
to— 
‘‘(A) the number of ballots cast in the elec-
tion; divided by 
‘‘(B) the sum of one plus the required 
number of winning candidates required with re-
spect to the election, 
rounded up to 4 decimal places; and 
‘‘(5) the term ‘winning candidate’ means a can-
didate who was elected to office (or, in the case of 
a primary election, who advanced to the general elec-
tion for such office as provided under the law of the 
State involved) under the criteria described in sub-
section (a)(2) at any time during the tabulation of 
ballots under this section. 
‘‘SEC. 333. EXCLUSION OF INACTIVE BALLOTS. 
‘‘(a) INITIAL TABULATION.—In the initial tabulation 
of ballots under section 331 or section 332, a ballot shall 
be treated as an inactive ballot, and no vote on the ballot 
shall be counted for any candidate, if— 
‘‘(1) the voter does not rank any candidates on 
the ballot in order of preference; 
‘‘(2) the voter ranks more than one candidate 
at the highest order of preference; or 
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‘‘(3) the voter skips two consecutive numerical 
rankings prior to the numerical ranking for the can-
didate the voter ranks at the highest order of pref-
erence. 
‘‘(b) ADDITIONAL ROUNDS OF TABULATION.— 
‘‘(1) SINGLE-SEAT ELECTIONS.—In any addi-
tional round of tabulation conducted with respect to 
a single-seat election under section 331(b), if a vote 
cast for a defeated candidate is cast on an inactive 
ballot, no vote on the ballot may be transferred to 
a continuing candidate under section 331(b). 
‘‘(2) MULTI-SEAT
ELECTIONS.—In any addi-
tional round of tabulation conducted with respect to 
a multi-seat election under section 332(b)— 
‘‘(A) if a vote cast for the winning can-
didate is cast on an inactive ballot, no portion 
of the surplus vote on such ballot may be trans-
ferred to a continuing candidate under any sur-
plus vote tabulation round described in para-
graph (2) of section 332(b); and 
‘‘(B) if a vote cast for a defeated candidate 
is cast on an inactive ballot, the vote may not 
be transferred to any continuing candidate 
under any candidate elimination round de-
scribed in paragraph (3) of section 332(b). 
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‘‘(3) INACTIVE BALLOT DEFINED.—In this sub-
section, the term ‘inactive ballot’ means, with re-
spect to an additional round of tabulation under sec-
tion 331 or section 332— 
‘‘(A) a ballot on which the voter does not 
rank any of the continuing candidates in order 
of preference; 
‘‘(B) a ballot on which the voter ranked 
more than one continuing candidate at the 
highest order of preference; or 
‘‘(C) a ballot on which the voter skips two 
or more consecutive numerical rankings prior to 
the ranking for the continuing candidate at the 
highest order of preference. 
‘‘SEC. 334. TREATMENT OF TIES BETWEEN CANDIDATES. 
‘‘(a) ESTABLISHMENT OF RANDOM SELECTION AL-
GORITHM.—For each election for Representative in Con-
gress, the appropriate election official shall establish and 
publish a random selection algorithm prior to the tabula-
tion of ballots under section 331 and section 332. 
‘‘(b) DESIGNATION OF WINNING CANDIDATE.—If a 
tie occurs between candidates with the greatest number 
of votes or the fewest number of votes at any point in 
the tabulation of ballots under section 331 or section 332 
and the tabulation cannot proceed until the tie is resolved, 
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the candidate whose name is selected pursuant to the ran-
dom selection algorithm established for that round under 
subsection (a) shall be considered to have the greatest 
number of votes among such candidates. 
‘‘PART 3—PAYMENTS TO STATES TO IMPLEMENT 
RANKED CHOICE VOTING 
‘‘SEC. 341. PAYMENTS TO STATES TO IMPLEMENT RANKED 
CHOICE VOTING. 
‘‘(a) PAYMENTS.—Not later than June 1, 2021, the 
Commission shall make a payment to the State in an 
amount equal to— 
‘‘(1) in the case of the District of Columbia, the 
Commonwealth of Puerto Rico, American Samoa, 
Guam, the United States Virgin Islands, and the 
Commonwealth of the Northern Mariana Islands, 
$1,500,000; or 
‘‘(2) in the case of any other State, the sum of 
$1,000,000 and the product of— 
‘‘(A) the number of Representatives to 
which the State is entitled under the reappor-
tionment of Representatives resulting from the 
regular decennial census conducted during 
2020; and 
‘‘(B) $500,000. 
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‘‘(b) USE OF FUNDS.—A State shall use the payment 
made under subsection (a) to implement ranked choice 
voting under this subtitle and to otherwise carry out elec-
tions for Federal office in the State. 
‘‘(c) NO EFFECT ON REQUIREMENTS PAYMENTS.— 
The receipt or use of the payment made under this section 
shall not effect a State’s eligibility for or use of a require-
ments payment made under part 1 of subtitle D of title 
II. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary for payments under this section.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by adding at the end of the item 
relating to title III the following: 
‘‘Subtitle C—Ranked Choice Voting 
‘‘PART 1—REQUIRING RANKED CHOICE VOTING FOR ELECTION OF 
REPRESENTATIVES 
‘‘Sec. 321. Requiring ranked choice voting for election of Representatives. 
‘‘Sec. 322. Application to District of Columbia and Territories. 
‘‘Sec. 323. Treatment of States not holding primary elections prior to date of 
general election. 
‘‘PART 2—TABULATION PROCESS 
‘‘Sec. 331. Tabulation for single-seat Congressional elections. 
‘‘Sec. 332. Tabulation for multi-seat Congressional elections. 
‘‘Sec. 333. Exclusion of exhausted ballots. 
‘‘Sec. 334. Treatment of ties between candidates. 
‘‘PART 3—PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING 
‘‘Sec. 341. Payments to States to implement ranked choice voting.’’. 
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SEC. 102. APPLICABILITY OF ENFORCEMENT PROVISIONS 
OF HELP AMERICA VOTE ACT OF 2002. 
Section 401 of the Help America Vote Act of 2002 
(52 U.S.C. 21111) is amended by striking ‘‘sections 301, 
302, and 303’’ and inserting ‘‘title III’’. 
SEC. 103. EFFECTIVE DATE. 
This title and the amendments made by this title 
shall apply with respect to elections held pursuant to the 
reapportionment of Representatives resulting from the 
regular decennial census conducted during 2020 and all 
subsequent elections. 
TITLE II—MULTI-MEMBER 
DISTRICTS 
SEC. 201. REQUIRING USE OF MULTI-MEMBER DISTRICTS 
IN CERTAIN STATES. 
(a) RULES FOR STATES WITH SIX OR MORE REP-
RESENTATIVES.—If a State is entitled to six or more Rep-
resentatives in Congress under an apportionment made 
under section 22(a) of the Act entitled ‘‘An Act to provide 
for the fifteenth and subsequent decennial censuses and 
to provide for an apportionment of Representatives in 
Congress’’, approved June 18, 1929 (2 U.S.C. 2a(a))— 
(1) the State shall establish a number of dis-
tricts for the election of Representatives in the State 
that is less than the number of Representatives to 
which the State is entitled; and 
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(2) the State may not elect any of its Rep-
resentatives at large. 
(b) CRITERIA FOR NUMBER OF DISTRICTS.—In es-
tablishing the number of districts for the State under sub-
section (a), the State shall follow the following criteria: 
(1) The State shall ensure that districts shall 
each have equal population per Representative as 
nearly as practicable, in accordance with the Con-
stitution of the United States. 
(2) The number of Representatives to be elected 
from any district may not be fewer than 3 or greater 
than 5. 
SEC. 202. REQUIRING CERTAIN STATES TO ELECT ALL REP-
RESENTATIVES AT LARGE. 
If a State is entitled to 5 or fewer Representatives 
in Congress under an apportionment made under section 
22(a) 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(a)), the State shall 
elect all such Representatives at large. 
SEC. 203. ESTABLISHING MINIMUM NUMBER OF CAN-
DIDATES IN GENERAL ELECTION. 
(a) STATES WITH PARTISAN NOMINATING PRI-
MARIES.— 
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(1) IN GENERAL.—If, in a primary election for 
the office of Representative, the identification and 
number of candidates who will advance to the gen-
eral election for such office is based on the can-
didates’ political party preferences (without regard 
to whether or not the election is open or closed to 
voters on the basis of political party preference), the 
State shall ensure that the number of candidates in 
the election who advance to the general election for 
the office with a particular political party preference 
is equal to the number of Representatives who will 
be elected from the district involved. 
(2) AUTHORITY OF POLITICAL PARTIES TO DE-
TERMINE NUMBER OF CANDIDATES ADVANCING IN 
MULTI-SEAT
ELECTIONS.—Notwithstanding para-
graph (1), in the case of a primary election de-
scribed in such paragraph which is a multi-seat pri-
mary election, a State may permit a political party 
to adopt a rule that provides for such number of 
candidates of that political party to advance to the 
general election as the party considers appropriate, 
so long as the number is not less than 2. 
(3) 
MULTI-SEAT
PRIMARY
ELECTION
DE-
FINED.—In this subsection, the term ‘‘multi-seat 
primary election’’ means a primary election held to 
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select the candidates for a general election in which 
more than one Representative shall be elected. 
(b) STATES WITH NONPARTISAN NOMINATING PRI-
MARIES.— 
(1) NUMBER OF CANDIDATES.—If a State uses 
a nonpartisan nominating primary election to deter-
mine which candidates will advance to the general 
election for the office of Representative, the State 
shall ensure that the number of candidates who ad-
vance to the general election for the office is not less 
than the greater of— 
(A) 5; 
(B) twice the number of Representatives 
who will be elected from the district involved; or 
(C) such greater number as the State may 
establish by law. 
(2) NONPARTISAN NOMINATING PRIMARY ELEC-
TION DEFINED.—In this subsection, a ‘‘nonpartisan 
nominating primary election’’ is a primary election 
for the office of Representative under which— 
(A) each candidate for such office, regard-
less of the candidate’s political party preference 
or lack thereof, shall appear on a single ballot; 
(B) each voter in the State who is eligible 
to vote in elections for Federal office in the dis-
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trict involved may cast a ballot in the election, 
regardless of the voter’s political party pref-
erence or lack thereof; and 
(C) the identification and number of can-
didates who advance to the general election for 
the office is determined without regard to the 
candidates’ political party preferences or lack 
thereof. 
(c) EXCEPTION FOR STATES NOT HOLDING PRIMARY 
ELECTIONS PRIOR TO DATE OF REGULARLY SCHEDULED 
GENERAL ELECTIONS.—This section does not apply in the 
case of a State that does not hold primary elections for 
the office of Representative prior to the date established 
under section 25 of Revised Statutes of the United States 
(2 U.S.C. 7) for the regularly scheduled general election 
for such offices. 
SEC. 204. CONFORMING AMENDMENTS. 
The following provisions of law are hereby repealed: 
(1) Section 22(c) of the Act entitled ‘‘An Act 
to provide for the fifteenth and subsequent decennial 
censuses and to provide for an apportionment of 
Representatives in Congress’’, approved June 18, 
1929 (2 U.S.C. 2a(c)). 
(2) The Act entitled ‘‘An Act for the relief of 
Doctor Ricardo Vallejo Samala and to provide for 
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congressional redistricting’’, approved December 14, 
1967 (2 U.S.C. 2c). 
(3) Section 5 of the Act entitled ‘‘An Act For 
the apportionment of Representatives in Congress 
among the several States under the Thirteenth Cen-
sus’’, approved August 8, 1911 (2 U.S.C. 5). 
SEC. 205. EFFECTIVE DATE. 
This title and the amendments made by this title 
shall apply with respect to the One Hundred Seventeenth 
Congress and each subsequent Congress. 
TITLE III—REQUIREMENTS FOR 
CONGRESSIONAL 
REDIS-
TRICTING 
Subtitle A—General Requirements 
SEC. 301. LIMIT ON CONGRESSIONAL REDISTRICTING 
AFTER AN APPORTIONMENT. 
A State which has been redistricted in the manner 
provided by law after an apportionment under section 
22(a) 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), may not be redis-
tricted again until after the next apportionment of Rep-
resentatives under such section, unless a court requires 
the State to conduct such subsequent redistricting to com-
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ply with the Constitution, to enforce the Voting Rights 
Act of 1965 (52 U.S.C. 10301 et seq.), to comply with 
this Act, or to comply with any other applicable Federal 
law. 
SEC. 302. REQUIRING CONGRESSIONAL REDISTRICTING TO 
BE CONDUCTED THROUGH PLAN OF INDE-
PENDENT STATE COMMISSION. 
Notwithstanding any other provision of law, any Con-
gressional redistricting conducted by a State shall be con-
ducted in accordance with— 
(1) the redistricting plan developed and enacted 
into law by the independent redistricting commission 
established in the State, in accordance with subtitle 
B; or 
(2) if a plan developed by such commission is 
not enacted into law, the redistricting plan developed 
and enacted into law by a 3-judge court of the 
United States District Court for the District of Co-
lumbia, in accordance with section 301. 
Subtitle B—Independent 
Redistricting Commissions 
SEC. 311. INDEPENDENT REDISTRICTING COMMISSION. 
(a) APPOINTMENT OF MEMBERS.— 
(1) IN GENERAL.—The nonpartisan agency es-
tablished or designated by a State under section 
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314(a) shall establish an independent redistricting 
commission for the State, which shall consist of 12 
members appointed by the agency as follows: 
(A) The agency shall appoint 4 members 
on a random basis from the majority category 
of the approved selection pool (as described in 
section 312(b)(1)(A)). 
(B) The agency shall appoint 4 members 
on a random basis from the minority category 
of the approved selection pool (as described in 
section 312(b)(1)(B)). 
(C) The agency shall appoint 4 members 
on a random basis from the independent cat-
egory of the approved selection pool (as de-
scribed in section 312(b)(1)(C)). 
(2) APPOINTMENT OF ALTERNATES TO SERVE 
IN CASE OF VACANCIES.—At the time the agency ap-
points the members of the independent redistricting 
commission under paragraph (1) from each of the 
categories referred to in such paragraph, the agency 
shall, on a random basis, designate 2 other individ-
uals from such category to serve as alternate mem-
bers who may be appointed to fill vacancies in the 
commission in accordance with paragraph (3). 
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(3) VACANCY.—If a vacancy occurs in the com-
mission with respect to a member who was ap-
pointed from one of the categories referred to in 
paragraph (1), the nonpartisan agency shall fill the 
vacancy by appointing, on a random basis, one of 
the 2 alternates from such category who was des-
ignated under paragraph (2). At the time the agency 
appoints an alternate to fill a vacancy under the pre-
vious sentence, the agency shall designate, on a ran-
dom basis, another individual from the same cat-
egory to serve as an alternate member, in accord-
ance with paragraph (2). 
(b) PROCEDURES
FOR CONDUCTING COMMISSION 
BUSINESS.— 
(1) CHAIR.—Members of an independent redis-
tricting commission established under this section 
shall select by majority vote one member who was 
appointed from the independent category of the ap-
proved 
selection 
pool 
described 
in 
section 
312(b)(1)(C) to serve as chair of the commission. 
The commission may not take any action to develop 
a redistricting plan for the State under section 313 
until the appointment of the commission’s chair. 
(2) REQUIRING MAJORITY APPROVAL FOR AC-
TIONS.—The independent redistricting commission 
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of a State may not publish and disseminate any 
draft or final redistricting plan, or take any other 
action, without the approval of at least— 
(A) a majority 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 
312(b)(1). 
(3) QUORUM.—A majority of the members of 
the commission shall constitute a quorum. 
(c) STAFF; CONTRACTORS.— 
(1) 
STAFF.—The 
independent 
redistricting 
commission of a State may appoint and set the pay 
of such staff as it considers appropriate, subject to 
State law. 
(2) CONTRACTORS.—The independent redis-
tricting commission of a State may enter into such 
contracts with vendors as it considers appropriate, 
subject to State law, except that any such contract 
shall be valid only if approved by the vote of a ma-
jority of the members of the commission, including 
at least one member appointed from each of the cat-
egories of the approved selection pool described in 
section 312(b)(1). 
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(3) 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 (including donations to candidates, po-
litical committees, and political parties) as a condi-
tion of the appointment or the contract. 
(d) TERMINATION.— 
(1) IN
GENERAL.—The independent redis-
tricting commission of a State shall terminate on the 
earlier of— 
(A) June 14 of the following year ending 
in the numeral zero; or 
(B) the day on which the nonpartisan 
agency established or designated by a State 
under section 314(a) has, in accordance with 
section 312(b)(1), submitted a selection pool to 
the Select Committee on Redistricting for the 
State established under section 314(b). 
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(2) PRESERVATION
OF
RECORDS.—The State 
shall ensure that the records of the independent re-
districting commission are retained in the appro-
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. 312. 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 
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State under section 313, 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 containing the following in-
formation and assurances: 
(i) A statement of the political party 
with which the individual is affiliated, if 
any. 
(ii) An assurance that the individual 
shall commit to carrying out the individ-
ual’s duties under this title in an honest, 
independent, and impartial fashion, and to 
upholding public confidence in the integrity 
of the redistricting process. 
(iii) 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): 
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(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 
a political party or as an officer, employee, or 
paid consultant of a campaign committee of a 
candidate for public office. 
(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 leg-
islature of the State, or a donor to the cam-
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paign of any candidate for public office (other 
than a donor who, during any of such covered 
periods, gives an aggregate amount of $20,000 
or less to the campaigns of all candidates for all 
public offices). 
(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 5-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 5-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. 
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(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 314(a) shall develop and submit to the 
Select Committee on Redistricting for the State es-
tablished under section 314(b) a selection pool of 36 
individuals who are eligible to serve as members of 
the independent redistricting commission of the 
State under this title, consisting of individuals in the 
following categories: 
(A) A majority category, consisting of 12 
individuals who are affiliated with the political 
party with the largest percentage of the reg-
istered voters in the State who are affiliated 
with a political party (as determined with re-
spect to the most recent Statewide election for 
Federal office held in the State for which such 
information is available). 
(B) A minority category, consisting of 12 
individuals who are affiliated with the political 
party with the second largest percentage of the 
registered voters in the State who are affiliated 
with a political party (as so determined). 
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(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) to the maximum extent practicable, en-
sure that the pool reflects the representative de-
mographic groups (including races, ethnicities, 
and genders) and geographic regions of the 
State; and 
(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) 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 on 
the basis of the information the individual provides 
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