SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Fair Representation Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Finding of constitutional authority. 
TITLE I—RANKED CHOICE VOTING 
Sec. 101. Requiring ranked choice voting for election of Senators and Rep-
resentatives. 
Sec. 102. Applicability of enforcement provisions of Help America Vote Act of 
2002. 
Sec. 103. Effective date. 
TITLE II—MULTI-MEMBER DISTRICTS 
Sec. 201. Requiring use of multi-member districts in certain States. 
Sec. 202. Election of representatives at large in certain States. 
Sec. 203. Establishing minimum number of candidates in general election. 
Sec. 204. Conforming amendments. 
Sec. 205. Prohibition on winner-take-all elections. 
Sec. 206. Exception for States in which use of multi-member or at large dis-
tricts will result in diminishment of voting rights. 
Sec. 207. Effective date. 
TITLE III—NONPARTISAN REDISTRICTING REFORM 
Sec. 301. Requiring congressional redistricting plans to comply with non-
partisan criteria. 
Sec. 302. Ban on mid-decade redistricting. 
Sec. 303. Criteria for redistricting. 
Sec. 304. Development of plan. 
Sec. 305. Failure by State to enact plan. 
Sec. 306. Civil enforcement. 
Sec. 307. Effective date. 
TITLE IV—GENERAL PROVISIONS 
Sec. 401. No effect on elections for State and local office. 
Sec. 402. Severability. 
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 
VerDate Sep 11 2014 
22:09 Jul 30, 2025
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4632.IH
H4632
ssavage on LAPJG3WLY3PROD with BILLS
Members of the House of Representatives and in admin-
istering elections for the Senate and House of Representa-
tives because— 
(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 
Senators and Members of the House of Representa-
tives; 
(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 
enforce section 2 of such amendment, which requires 
Representatives to be apportioned among the several 
States according to their number; and 
(3) the authority granted to Congress under 
section 5 of the Fourteenth Amendment to the Con-
stitution gives Congress the power to enact laws to 
enforce section 1 of such amendment, including pro-
tections against excessive partisan gerrymandering 
that Federal courts have not enforced because they 
understand such enforcement to be committed to 
Congress by the Constitution. 
VerDate Sep 11 2014 
22:09 Jul 30, 2025
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4632.IH
H4632
ssavage on LAPJG3WLY3PROD with BILLS
TITLE I—RANKED CHOICE 
VOTING 
SEC. 101. REQUIRING RANKED CHOICE VOTING FOR ELEC-
TION OF SENATORS AND 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 SENATORS AND REP-
RESENTATIVES 
‘‘SEC. 321. REQUIRING RANKED CHOICE VOTING FOR ELEC-
TION OF SENATORS AND REPRESENTATIVES. 
‘‘(a) RANKED CHOICE VOTING.—Except as provided 
in section 205 of the Fair Representation Act, each State 
shall carry out elections for the office of Senator and the 
office of Representative in Congress using ranked choice 
voting, a system under which each voter may rank the can-
didates for the office in the order of the voter’s preference, 
and ballots are tabulated, in accordance with the following: 
‘‘(1) In any single-seat election and any election 
for the office of Senator, the State shall carry out 
the election using single-seat ranked choice voting as 
described in section 322(a). 
VerDate Sep 11 2014 
22:09 Jul 30, 2025
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4632.IH
H4632
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(2) In any multi-seat election, the State shall 
carry out the election using multi-seat ranked choice 
voting as described in section 322(b). 
‘‘(b) BALLOT DESIGN.— 
‘‘(1) IN
GENERAL.—Each State shall ensure 
that the ballot used in an ranked choice voting elec-
tion under this title meets each of the following re-
quirements: 
‘‘(A) The ballot shall allow voters to rank 
candidates in order of choice. 
‘‘(B) The number of candidates whom a 
voter may rank in the election, as determined 
under paragraph (2), shall be uniform for all 
voters in the election within the State. 
‘‘(C) The ballot shall include all qualified 
candidates for the election and (to the extent 
permitted under State law) options for voters to 
select write-in candidates. 
‘‘(D) The ballot shall include such instruc-
tions as the State considers necessary to enable 
the voter to rank candidates and successfully 
cast the ballot under the system. 
‘‘(2) DETERMINATION
OF
NUMBER
OF
CAN-
DIDATES VOTER MAY RANK.—The number of can-
VerDate Sep 11 2014 
22:09 Jul 30, 2025
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4632.IH
H4632
ssavage on LAPJG3WLY3PROD with BILLS
didates a voter may rank in a ranked choice voting 
election shall be determined as follows: 
‘‘(A) If feasible, the ballot shall permit vot-
ers to rank a number of candidates in the elec-
tion which is not fewer than the number of 
seats in the election plus 4. 
‘‘(B) If the number of candidates in the 
election is less than the number of ranking pro-
vided under subparagraph (A), the ballot shall 
permit voters to rank a number of candidates 
which is not fewer than the number of can-
didates in the election, including write-in can-
didates. 
‘‘(C) If it is not feasible for the ballot to 
permit voters to rank as many candidates as re-
quired under subparagraphs (A) or (B), the 
State may limit the number of candidates who 
may be ranked for each election on the ballot 
to a maximum feasible number established by 
the State, except that such number may not be 
less than 5 for any election on the ballot. 
‘‘SEC. 322. TABULATION OF BALLOTS. 
‘‘(a) TABULATION
FOR
SINGLE-SEAT
CONGRES-
SIONAL ELECTIONS.— 
VerDate Sep 11 2014 
22:09 Jul 30, 2025
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4632.IH
H4632
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(1) PROCESS FOR TABULATION.—In the case 
of a single-seat election, each ballot cast in the elec-
tion shall count as one vote for the highest-ranked 
active candidate on the ballot. Tabulation shall pro-
ceed in rounds as described in paragraphs (2) and 
(3). 
‘‘(2) ELIMINATION
OF
CANDIDATES
DURING 
TABULATION.—If there are more than two active 
candidates, the active candidate with the fewest 
votes is eliminated, each vote cast on a ballot for the 
eliminated candidate shall be counted for the next- 
ranked active candidate on the ballot, and a new 
round shall begin. 
‘‘(3) COMPLETION OF TABULATION; ELECTION 
OF CANDIDATE.—When there are two or fewer active 
candidates— 
‘‘(A) tabulation is complete; and 
‘‘(B) the candidate receiving the greatest 
number of votes shall be elected to the office of 
Senator or Representative in Congress (or, in 
the case of a primary election, shall advance to 
the general election for such office as provided 
under the law of the State involved). 
‘‘(b) TABULATION
FOR
MULTI-SEAT
CONGRES-
SIONAL ELECTIONS.—— 
VerDate Sep 11 2014 
22:09 Jul 30, 2025
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4632.IH
H4632
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(1) PROCESS FOR TABULATION.—In the case 
of a multi-seat election, each ballot cast in the elec-
tion shall count at its current transfer value for the 
highest-ranked active candidate on the ballot. Tab-
ulation shall proceed as described in paragraphs (2), 
(3), and (4). 
‘‘(2) ELECTION OF CANDIDATES DURING TAB-
ULATION; SURPLUS-TRANSFER ROUND.—If any ac-
tive candidate has a number of votes greater than or 
equal to the election threshold, that candidate shall 
be designated as elected, and the surplus votes shall 
be transferred to other candidates as follows: 
‘‘(A) Unless paragraph (4) applies, each 
ballot counting for an elected candidate shall be 
assigned a new transfer value by multiplying 
the ballot’s current transfer value by the sur-
plus fraction for the elected candidate, trun-
cated after 4 decimal places. 
‘‘(B) Each candidate elected under this 
paragraph shall be deemed to have a number of 
votes equal to the election threshold for the con-
test in all future rounds, each ballot counting 
towards the elected candidate shall be trans-
ferred at its new transfer value to its next- 
VerDate Sep 11 2014 
22:09 Jul 30, 2025
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4632.IH
H4632
ssavage on LAPJG3WLY3PROD with BILLS
ranked active candidate, and a new round shall 
begin. 
‘‘(C) If two or more candidates have a 
number of votes greater than the election 
threshold, the surpluses shall be distributed si-
multaneously in the same round. 
‘‘(3) ELIMINATION
OF
CANDIDATES
DURING 
TABULATION; ELIMINATION
ROUND.—Unless para-
graph (2) or paragraph (4) applies, the active can-
didate with the fewest votes is eliminated, each vote 
cast on a ballot for the eliminated candidate shall be 
counted for the next-ranked active candidate on the 
ballot, and a new round shall begin. 
‘‘(4) COMPLETION
OF
TABULATION.—Tabula-
tion in a multi-seat election is complete if— 
‘‘(A) the number of elected candidates is 
equal to the number of seats to be filled and 
any remaining votes in excess of the election 
threshold have been counted for each ballot’s 
next-ranked active candidate; or 
‘‘(B) the sum of the number of elected 
candidates and the number of active candidates 
is less than or equal to the number of seats to 
be filled at any time. 
‘‘(c) TREATMENT OF CERTAIN BALLOTS.— 
VerDate Sep 11 2014 
22:09 Jul 30, 2025
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4632.IH
H4632
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(1) TREATMENT OF UNDERVOTES.—A ballot 
which is an undervote shall not be counted in any 
round of tabulation of ballots in an election under 
this section. For purposes of this paragraph, an 
‘undervote’ is a ballot for which the voter does not 
rank any of the candidates in the election. 
‘‘(2) TREATMENT OF INACTIVE BALLOTS.— 
‘‘(A) IN
GENERAL.—A ballot which be-
comes an inactive ballot shall no longer count 
for any candidate for the remainder of the tab-
ulation of ballots in an election under this sec-
tion after the ballot becomes inactive. 
‘‘(B) INACTIVE
BALLOT
DEFINED.—For 
purposes of this paragraph, an ‘inactive ballot’ 
is a ballot on which— 
‘‘(i) all of the ranked candidates on 
the ballot have become inactive; or 
‘‘(ii) the voter ranks more than one 
candidate at the same ranking and all can-
didates at a higher ranking have become 
inactive. 
‘‘(3) TREATMENT OF SKIPPED OR REPEATED 
RANKINGS.— 
‘‘(A) IN
GENERAL.—A ballot which in-
cludes any skipped or repeated ranking shall re-
VerDate Sep 11 2014 
22:09 Jul 30, 2025
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4632.IH
H4632
ssavage on LAPJG3WLY3PROD with BILLS
main active and continue to be counted for the 
highest-ranked active candidate in an election 
under this section. 
‘‘(B) SKIPPED AND REPEATED RANKINGS 
DEFINED.—For purposes of this paragraph— 
‘‘(i) a ‘skipped ranking’ is a ranking 
a voter does not assign to any candidate 
while assigning a subsequent ranking to a 
candidate; and 
‘‘(ii) a ‘repeated ranking’ is a ranking 
for which the voter has assigned the same 
candidate that the voter assigned to an-
other ranking. 
‘‘SEC. 323. TREATMENT OF TIES BETWEEN CANDIDATES. 
‘‘(a) RESOLUTION BY LOT.—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 this part and the tabulation cannot proceed until 
the tie is resolved, the tie shall be resolved by lot or by 
such other method as may be provided under State law. 
‘‘(b) RESOLUTION PRIOR TO TABULATION.—Prior to 
tabulation, the chief election official of the State may re-
solve prospective ties between candidates by lot or accord-
ing to the method provided under State law, as described 
in subsection (a). 
VerDate Sep 11 2014 
22:09 Jul 30, 2025
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4632.IH
H4632
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(c) USE DURING RECOUNT.—The result of the reso-
lution of any tie shall be recorded and reused for purposes 
of any recount under State law. 
‘‘SEC. 324. DEFINITIONS. 
‘‘In this part, the following definitions apply: 
‘‘(1) The term ‘active candidate’ means, with 
respect to any round of tabulation under this part, 
a candidate who has not been elected or eliminated, 
and who is not a withdrawn candidate. 
‘‘(2) The term ‘election threshold’ means the 
number of votes sufficient for a candidate to be 
elected in a multi-seat election. Such number is 
equal to the total votes counted for active candidates 
in the first round of tabulation, divided by the sum 
of one plus the number of seats to be filled, then in-
creased by one, disregarding any fractions. 
‘‘(3) The term ‘highest-ranked active candidate’ 
means the active candidate assigned to a higher 
ranking than any other active candidate. 
‘‘(4) The term ‘multi-seat election’ means any 
primary election in which more than one candidate 
in the primary election will advance to the general 
election, any special election for more than one seat, 
and any general election in which more than one 
VerDate Sep 11 2014 
22:09 Jul 30, 2025
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4632.IH
H4632
ssavage on LAPJG3WLY3PROD with BILLS
Representative is elected at large or in a multi-mem-
ber district. 
‘‘(5) The term ‘ranking’ means the number 
available to be assigned by a voter to a candidate to 
express the voter’s choice for that candidate, with ‘1’ 
as the highest ranking and each succeeding positive 
number as the next highest ranking. 
‘‘(6) The term ‘single-seat election’ means any 
primary election in which exactly one candidate in 
the primary election will advance to the general elec-
tion, any special election for exactly one seat, any 
general election for the office of Senator, and any 
general election in which only one Representative is 
elected at large. 
‘‘(7) The term ‘surplus fraction’ means, with 
respect to an elected candidate as described in sec-
tion 322(b)(1), the number obtained by subtracting 
the election threshold from the candidate’s vote 
total, then dividing that number by the candidate’s 
vote total, truncated after four decimal places. 
‘‘(8) The term ‘transfer value’ means the pro-
portion of a vote that a ballot will contribute to its 
highest-ranked active candidate. Each ballot begins 
with a transfer value of 1. If a ballot contributes to 
the election of a candidate under section 322(b)(1), 
VerDate Sep 11 2014 
22:09 Jul 30, 2025
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4632.IH
H4632
ssavage on LAPJG3WLY3PROD with BILLS
the transfer value shall be the new transfer value as-
signed under such section. 
‘‘(9) The term ‘vote total’ means, with respect 
to a candidate in a round of counting, the total 
transfer value of all ballots counting for the can-
didate in the round. 
‘‘(10) The term ‘withdrawn candidate’ means a 
candidate who, prior to the date of the election, files 
or has an authorized designee file a signed letter of 
withdrawal from the election, in accordance with 
such rules as the chief election official of the State 
may establish. 
‘‘PART 2—PAYMENTS TO STATES TO IMPLEMENT 
RANKED CHOICE VOTING 
‘‘SEC. 331. PAYMENTS TO STATES TO IMPLEMENT RANKED 
CHOICE VOTING. 
‘‘(a) PAYMENTS DESCRIBED.— 
‘‘(1) PAYMENTS.—Not later than June 1, 2026, 
the Commission shall make a payment to each State 
in the amount determined with respect to the State 
under paragraph (2). 
‘‘(2) AMOUNT DETERMINED ON BASIS OF NUM-
BER OF REGISTERED VOTERS.— 
‘‘(A) IN
GENERAL.—The amount deter-
mined under this paragraph is the product of— 
VerDate Sep 11 2014 
22:09 Jul 30, 2025
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4632.IH
H4632
ssavage on LAPJG3WLY3PROD with BILLS