382 
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. 
PART 5—REQUIREMENTS FOR REDISTRICTING 
CARRIED OUT PURSUANT TO 2020 CENSUS 
Subpart A—Application of Certain Requirements for 
Redistricting Carried Out Pursuant to 2020 Census 
SEC. 2441. APPLICATION OF CERTAIN REQUIREMENTS FOR 
REDISTRICTING CARRIED OUT PURSUANT TO 
2020 CENSUS. 
Notwithstanding section 2435, parts 1, 3, and 4 of 
this subtitle and the amendments made by such parts shall 
apply with respect to congressional redistricting carried 
out pursuant to the decennial census conducted during 
2020 in the same manner as such parts and the amend-
ments made by such parts apply with respect to redis-
383 
tricting carried out pursuant to the decennial census con-
ducted during 2030, except as follows: 
(1) Except as provided in subsection (c) and 
subsection (d) of section 2401, the redistricting shall 
be conducted in accordance with— 
(A) the redistricting plan developed and 
enacted into law by the independent redis-
tricting commission established in the State in 
accordance with subpart B; or 
(B) 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 in accordance with section 2421. 
(2) If any of the triggering events described in 
section 2442 occur with respect to the State, the 
United States district court for the applicable venue 
shall develop and publish the redistricting plan for 
the State, in accordance with section 2421, not later 
than December 15, 2021. 
(3) For purposes of section 2431(d)(1), the 
Election Assistance Commission may not make a 
payment to a State under such section until the 
State certifies to the Commission that the non-
partisan agency established or designated by a State 
under section 2454(a) has, in accordance with sec-
384 
tion 2452(b)(1), submitted a selection pool to the 
Select Committee on Redistricting for the State es-
tablished under section 2454(b). 
SEC. 2442. TRIGGERING EVENTS. 
For purposes of the redistricting carried out pursuant 
to the decennial census conducted during 2020, the trig-
gering events described in this section are as follows: 
(1) The failure of the State to establish or des-
ignate a nonpartisan agency under section 2454(a) 
prior to the expiration of the deadline under section 
2454(a)(6). 
(2) The failure of the State to appoint a Select 
Committee on Redistricting under section 2454(b) 
prior to the expiration of the deadline under section 
2454(b)(4). 
(3) The failure of the Select Committee on Re-
districting to approve a selection pool under section 
2452(b) prior to the expiration of the deadline under 
section 2452(b)(7). 
(4) The failure of the independent redistricting 
commission of the State to approve a final redis-
tricting plan for the State under section 2453 prior 
to the expiration of the deadline under section 
2453(e).
385 
Subpart B—Independent Redistricting Commissions 
for Redistricting Carried Out Pursuant to 2020 
Census 
SEC. 2451. USE OF INDEPENDENT REDISTRICTING COMMIS-
SIONS FOR REDISTRICTING CARRIED OUT 
PURSUANT TO 2020 CENSUS. 
(a) APPOINTMENT OF MEMBERS.— 
(1) IN GENERAL.—The nonpartisan agency es-
tablished or designated by a State under section 
2454(a) shall establish an independent redistricting 
commission under this part for the State, which 
shall consist of 15 members appointed by the agency 
as follows: 
(A) Not later than August 5, 2021, the 
agency shall, at a public meeting held not ear-
lier than 15 days after notice of the meeting 
has been given to the public, first appoint 6 
members as follows: 
(i) The agency shall appoint 2 mem-
bers on a random basis from the majority 
category of the approved selection pool (as 
described in section 2452(b)(1)(A)). 
(ii) The agency shall appoint 2 mem-
bers on a random basis from the minority 
category of the approved selection pool (as 
described in section 2452(b)(1)(B)).
386 
(iii) The agency shall appoint 2 mem-
bers on a random basis from the inde-
pendent category of the approved selection 
pool 
(as 
described 
in 
section 
2452(b)(1)(C)). 
(B) Not later than August 15, 2021, the 
members appointed by the agency under sub-
paragraph (A) shall, at a public meeting held 
not earlier than 15 days after notice of the 
meeting has been given to the public, then ap-
point 9 members as follows: 
(i) The members shall appoint 3 mem-
bers from the majority category of the ap-
proved selection pool (as described in sec-
tion 2452(b)(1)(A)). 
(ii) The members shall appoint 3 
members from the minority category of the 
approved selection pool (as described in 
section 2452(b)(1)(B)). 
(iii) The members shall appoint 3 
members from the independent category of 
the approved selection pool (as described in 
section 2452(b)(1)(C)). 
(2) RULES
FOR
APPOINTMENT
OF
MEMBERS 
APPOINTED BY FIRST MEMBERS.—
388 
jority vote of the remaining members of the commis-
sion if it is shown by a preponderance of the evi-
dence that the member is not eligible to serve on the 
commission under section 2452(a). 
(b) PROCEDURES
FOR CONDUCTING COMMISSION 
BUSINESS.— 
(1) REQUIRING MAJORITY APPROVAL FOR AC-
TIONS.—The independent redistricting commission 
of a State under this part may not publish and dis-
seminate 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 
2452(b)(1). 
(2) QUORUM.—A majority of the members of 
the commission shall constitute a quorum. 
(c) STAFF; CONTRACTORS.— 
(1) STAFF.—Under a public application process 
in which all application materials are available for 
public inspection, the independent redistricting com-
mission of a State under this part shall appoint and
389 
set the pay of technical experts, legal counsel, con-
sultants, and such other staff as it considers appro-
priate, 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 2452(b)(1). 
(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. 
(d) PRESERVATION OF RECORDS.—The State shall 
ensure that the records of the independent redistricting 
commission 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 respect to con-
gressional redistricting in the State.
390 
SEC. 2452. 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 under this part if the individual meets 
each of the following 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 2453, 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 
penalty of perjury, containing the following in-
formation and assurances:
391 
(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. 
(v) An assurance that the individual 
shall commit to carrying out the individ-
392 
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 such 
covered period as the State may establish 
with respect to any of the subparagraphs 
of paragraph (2), the individual has not 
taken and will not take any action which 
would disqualify the individual from serv-
ing as a member of the commission under 
such paragraph. 
(2) DISQUALIFICATIONS.—An individual is not 
eligible to serve as a member of the commission if 
any of the following applies with respect to such cov-
ered period as the State may establish: 
(A) The individual or an immediate family 
member of the individual holds public office or 
is a candidate for election for public office. 
(B) The individual or an immediate family 
member of the individual serves as an officer of 
a political party or as an officer, employee, or 
paid consultant of a campaign committee of a 
candidate for public office or of any political ac-
393 
tion committee (as determined in accordance 
with the law of the State). 
(C) The individual or 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 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). 
(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 an immediate family 
member of the individual is an agent of a for-
eign principal under the Foreign Agents Reg-
394 
istration Act of 1938, as amended (22 U.S.C. 
611 et seq.). 
(3) 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 July 15, 
2021, the nonpartisan agency established or des-
ignated by a State under section 2454(a) shall de-
velop and submit to the Select Committee on Redis-
tricting for the State established under section 
2454(b) a selection pool of 36 individuals who are 
eligible to serve as members of the independent re-
districting commission of the State under this part, 
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.
395 
(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,
396 
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 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)(C), including by considering addi-
tional information provided by other persons with 
knowledge of the individual’s history of political ac-
tivity. 
(4) 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.
397 
(5) 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 a report describing the process by which the 
pool was developed, 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 consideration under paragraph (2). 
(6) PUBLIC COMMENT ON SELECTION POOL.— 
During the 14-day period which begins on the date 
the nonpartisan agency publishes the report under 
paragraph (5), the agency shall accept comments 
from the public on the individuals included in the se-
lection pool. The agency shall transmit all such com-
ments to the Select Committee on Redistricting im-
mediately upon the expiration of such period. 
(7) ACTION BY SELECT COMMITTEE.— 
(A) IN GENERAL.—Not later than August 
1, 2021, 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-
398 
tion 
pool 
for 
purposes 
of 
section 
2451(a)(1); or 
(ii) reject the pool, in which case the 
redistricting plan for the State shall be de-
veloped and enacted in accordance with 
part 3. 
(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. 
SEC. 2453. CRITERIA FOR REDISTRICTING PLAN; PUBLIC 
NOTICE AND INPUT. 
(a) PUBLIC NOTICE AND INPUT.— 
(1) USE OF OPEN AND TRANSPARENT PROC-
ESS.—The independent redistricting commission of a 
State under this part 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 redis-
tricting plan for the State, and shall carry out its 
duties in an open and transparent manner which 
provides for the widest public dissemination reason-
399 
ably possible of its proposed and final redistricting 
plans. 
(2) 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 until 7 days before the 
date of the meeting at which the commission shall 
vote on approving the final redistricting plan for en-
actment into law under subsection (c)(2). 
(3) MEETINGS AND HEARINGS IN VARIOUS GEO-
GRAPHIC LOCATIONS.—To the greatest extent prac-
ticable, the commission shall hold its meetings and 
hearings in various geographic regions and locations 
throughout the State. 
(4) MULTIPLE LANGUAGE REQUIREMENTS FOR 
ALL NOTICES.—The commission shall make each no-
tice which is required to be published under this sec-
tion available in any language in which the State (or 
any jurisdiction in the State) is required to provide 
election materials under section 203 of the Voting 
Rights Act of 1965. 
(b) DEVELOPMENT AND PUBLICATION OF PRELIMI-
NARY REDISTRICTING PLAN.— 
(1) IN GENERAL.—Prior to developing and pub-
lishing a final redistricting plan under subsection