261 
partisan agency shall develop and submit to the Se-
lect Committee a replacement selection pool, under 
the same terms and conditions that applied to the 
development and submission of the selection pool 
under paragraphs (1) through (5) of subsection (b). 
The replacement pool submitted under this para-
graph may include individuals who were included in 
the rejected selection pool submitted under sub-
section (b), so long as at least one of the individuals 
in the replacement pool was not included in such re-
jected pool. 
(2) ACTION BY SELECT COMMITTEE.— 
(A) IN GENERAL.—Not later than 14 days 
after receiving the replacement selection pool 
from the nonpartisan agency under paragraph 
(1), the Select Committee on Redistricting 
shall— 
(i) approve the pool as submitted by 
the nonpartisan agency, in which case the 
pool shall be considered the approved selec-
tion 
pool 
for 
purposes 
of 
section 
3201(a)(1); or 
(ii) reject the pool, in which case the 
nonpartisan agency shall develop and sub-
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mit a second replacement selection pool in 
accordance with subsection (d). 
(B) INACTION
DEEMED
REJECTION.—If 
the Select Committee on Redistricting fails to 
approve or reject the pool within the deadline 
set forth in subparagraph (A), the Select Com-
mittee shall be deemed to have rejected the pool 
for purposes of such subparagraph. 
(d) DEVELOPMENT OF SECOND REPLACEMENT SE-
LECTION POOL.— 
(1) IN GENERAL.—If the Select Committee on 
Redistricting rejects the replacement selection pool 
submitted by the nonpartisan agency under sub-
section (c), not later than 14 days after the rejec-
tion, the nonpartisan agency shall develop and sub-
mit to the Select Committee a second replacement 
selection pool, under the same terms and conditions 
that applied to the development and submission of 
the selection pool under paragraphs (1) through (5) 
of subsection (b). The second replacement selection 
pool submitted under this paragraph may include in-
dividuals who were included in the rejected selection 
pool submitted under subsection (b) or the rejected 
replacement selection pool submitted under sub-
section (c), so long as at least one of the individuals 
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in the replacement pool was not included in either 
such rejected pool. 
(2) ACTION BY SELECT COMMITTEE.— 
(A) IN GENERAL.—Not later than 14 days 
after receiving the second replacement selection 
pool from the nonpartisan agency under para-
graph (1), the Select Committee on Redis-
tricting shall— 
(i) approve the pool as submitted by 
the nonpartisan agency, in which case the 
pool shall be considered the approved selec-
tion 
pool 
for 
purposes 
of 
section 
3201(a)(1); or 
(ii) reject the pool, in which case— 
(I) the nonpartisan agency shall 
not develop or submit any other selec-
tion pool for purposes of this title; 
and 
(II) the United States District 
Court for the District of Columbia 
shall develop and enact the redis-
tricting plan for the State, in accord-
ance with section 3301. 
(B) INACTION
DEEMED
REJECTION.—If 
the Select Committee on Redistricting fails to 
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approve or reject the pool within the deadline 
set forth in subparagraph (A), the Select Com-
mittee shall be deemed to have rejected the pool 
for purposes of such subparagraph. 
SEC. 3203. CRITERIA FOR 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, prioritized according to the following order: 
(A) Districts shall each have equal popu-
lation per representative as nearly as prac-
ticable, in accordance with the Constitution of 
the United States. 
(B) To the extent not inconsistent with the 
above criteria, districts shall comply with the 
Voting Rights Act of 1965 (52 U.S.C. 10301 et 
seq.). 
(C) To the extent not inconsistent with the 
above criteria, districts shall be geographically 
contiguous. 
(D) To the extent practicable and not in-
consistent with the above criteria, district 
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boundaries shall minimize the division of any 
community of interest, municipality, county, or 
neighborhood. For purposes of this subpara-
graph, a community of interest is a contiguous 
population which shares common social or eco-
nomic interests that should be included within 
a single district for purposes of its effective and 
fair representation. Examples of such shared in-
terests are those common to an urban area, a 
rural area, an industrial area, or an agricultural 
area, and those common to areas in which the 
people share similar living standards, use the 
same transportation facilities, have similar work 
opportunities, or have access to the same media 
of communication relevant to the election proc-
ess. Communities of interest shall not include 
relationships with political parties, incumbent 
officeholders, or political candidates. 
(E) To the extent practicable and not in-
consistent with the above criteria, districts shall 
be geographically compact such that nearby 
areas of population are not bypassed for more 
distant areas of population. 
(2) FACTORS
PROHIBITED
FROM
CONSIDER-
ATION.—In developing the redistricting plan for the 
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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 political party affiliation or voting 
history of the population of a district. 
(B) The residence of any Member of the 
House of Representatives or candidate. 
(b) PUBLIC NOTICE AND INPUT.— 
(1) USE OF OPEN AND TRANSPARENT PROC-
ESS.—The independent redistricting commission of a 
State shall hold each of its meetings in public, shall 
solicit and take into consideration comments from 
the public throughout the process of developing the 
redistricting plan for the State, and shall carry out 
its duties in an open and transparent manner which 
provides for the widest public dissemination reason-
ably possible of its proposed and final redistricting 
plans. 
(2) WEBSITE.—The commission shall maintain 
a public Internet site which is not affiliated with or 
maintained by the office of any elected official and 
which includes the following features: 
(A) General information on the commission 
and its members, including contact information. 
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(B) An updated schedule of commission 
hearings and activities, including deadlines for 
the submission of comments. 
(C) All draft redistricting plans developed 
by the commission under subsection (c) and the 
final redistricting plan developed under sub-
section (d). 
(D) Live streaming of commission hearings 
and an archive of previous meetings and other 
commission records. 
(E) A method by which members of the 
public may submit comments directly to the 
commission. 
(F) Access to the demographic data used 
by the commission to develop the proposed re-
districting plans, together with any software 
used to draw maps of proposed districts. 
(3) PUBLIC COMMENT PERIOD.—The commis-
sion shall solicit, accept, and consider comments 
from the public with respect to its duties, activities, 
and procedures at any time during the period— 
(A) which begins on January 1 of the year 
ending in the numeral one; and 
(B) which ends 7 days before the date of 
the meeting at which the commission shall vote 
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on approving the final redistricting plan for en-
actment into law under subsection (d)(2). 
(4) MEETINGS AND HEARINGS IN VARIOUS GEO-
GRAPHIC LOCATIONS.—To the greatest extent prac-
ticable, the commission shall hold its meetings and 
hearings in various geographic regions and locations 
throughout the State. 
(c) DEVELOPMENT AND PUBLICATION OF PRELIMI-
NARY REDISTRICTING PLAN.— 
(1) IN GENERAL.—Prior to developing and pub-
lishing a final redistricting plan under subsection 
(d), the independent redistricting commission of a 
State shall develop and publish a preliminary redis-
tricting plan. 
(2) MINIMUM PUBLIC HEARINGS PRIOR TO DE-
VELOPMENT.— 
(A) 3 HEARINGS REQUIRED.—Prior to de-
veloping a preliminary redistricting plan under 
this subsection, the commission shall hold not 
fewer than 3 public hearings at which members 
of the public may provide input and comments 
regarding the potential contents of redistricting 
plans for the State and the process by which 
the commission will develop the preliminary 
plan under this subsection. 
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(B) MINIMUM PERIOD FOR NOTICE PRIOR 
TO
HEARINGS.—The commission shall notify 
the public through the website maintained 
under subsection (b)(2), as well as through pub-
lication of notice in newspapers of general cir-
culation throughout the State, of the date, time, 
and location of each of the hearings held under 
this paragraph not fewer than 14 days prior to 
the date of the hearing. 
(3) PUBLICATION OF PRELIMINARY PLAN.— 
(A) IN GENERAL.—The commission shall 
post the preliminary redistricting plan devel-
oped under this subsection, together with a re-
port that includes the commission’s responses 
to any public comments received under sub-
section (b)(3), on the website maintained under 
subsection (b)(2), and shall provide for the pub-
lication of each such plan in newspapers of gen-
eral circulation throughout the State. 
(B) MINIMUM PERIOD FOR NOTICE PRIOR 
TO
PUBLICATION.—Not fewer than 14 days 
prior to the date on which the commission posts 
and publishes the preliminary plan under this 
paragraph, the commission shall notify the pub-
lic through the website maintained under sub-
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section (b)(2), as well as through publication of 
notice in newspapers of general circulation 
throughout the State, of the pending publica-
tion of the plan. 
(4) MINIMUM PERIOD FOR PUBLIC COMMENT 
AFTER
PUBLICATION
OF
PLAN.—The commission 
shall accept and consider comments from the public 
with respect to the preliminary redistricting plan 
published under paragraph (3) for not fewer than 30 
days after the date on which the plan is published. 
(5) POST-PUBLICATION HEARINGS.— 
(A) 3 HEARINGS REQUIRED.—After post-
ing and publishing the preliminary redistricting 
plan under paragraph (3), the commission shall 
hold not fewer than 3 public hearings at which 
members of the public may provide input and 
comments regarding the preliminary plan. 
(B) MINIMUM PERIOD FOR NOTICE PRIOR 
TO
HEARINGS.—The commission shall notify 
the public through the website maintained 
under subsection (b)(2), as well as through pub-
lication of notice in newspapers of general cir-
culation throughout the State, of the date, time, 
and location of each of the hearings held under 
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this paragraph not fewer than 14 days prior to 
the date of the hearing. 
(6) 
PERMITTING
MULTIPLE
PRELIMINARY 
PLANS.—At the option of the commission, after de-
veloping and publishing the preliminary redistricting 
plan under this subsection, the commission may de-
velop and publish subsequent preliminary redis-
tricting plans, so long as the process for the develop-
ment and publication of each such subsequent plan 
meets the requirements set forth in this subsection 
for the development and publication of the first pre-
liminary redistricting plan. 
(d) PROCESS FOR ENACTMENT OF FINAL REDIS-
TRICTING PLAN.— 
(1) IN GENERAL.—After taking into consider-
ation comments from the public on any preliminary 
redistricting plan developed and published under 
subsection (c), the independent redistricting commis-
sion of a State shall develop and publish a final re-
districting plan for the State. 
(2) MEETING; FINAL
VOTE.—Not later than 
August 15 of each year ending in the numeral one, 
the commission shall hold a public hearing at which 
the members of the commission shall vote on approv-
ing the final plan for enactment into law. 
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(3) PUBLICATION OF PLAN AND ACCOMPANYING 
MATERIALS.—Not fewer than 14 days before the 
date of the meeting under paragraph (2), the com-
mission shall provide the following information to 
the public through the website maintained under 
subsection (b)(2), as well as through newspapers of 
general circulation throughout the State: 
(A) The final redistricting plan, including 
all relevant maps. 
(B) A report by the commission to accom-
pany the plan which provides the background 
for the plan and the commission’s reasons for 
selecting the plan as the final redistricting plan, 
including responses to the public comments re-
ceived on any preliminary redistricting plan de-
veloped and published under subsection (c). 
(C) Any dissenting or additional views with 
respect to the plan of individual members of the 
commission. 
(4) ENACTMENT.—The final redistricting plan 
developed and published under this subsection shall 
be deemed to be enacted into law if— 
(A) the plan is approved by a majority of 
the whole membership of the commission; and 
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(B) at least one member of the commission 
appointed from each of the categories of the ap-
proved selection pool described in section 
3202(b)(1) approves the plan. 
(e) DEADLINE.—The independent redistricting com-
mission of a State shall approve a final redistricting plan 
for the State not later than August 15 of each year ending 
in the numeral one. 
SEC. 3204. ESTABLISHMENT OF RELATED ENTITIES. 
(a) ESTABLISHMENT
OR DESIGNATION
OF NON-
PARTISAN AGENCY OF STATE LEGISLATURE.— 
(1) IN GENERAL.—Each State shall establish a 
nonpartisan agency in the legislative branch of the 
State government to appoint the members of the 
independent redistricting commission for the State 
in accordance with section 3201. 
(2) NONPARTISANSHIP DESCRIBED.—For pur-
poses of this subsection, an agency shall be consid-
ered to be nonpartisan if under law the agency— 
(A) is required to provide services on a 
nonpartisan basis; 
(B) is required to maintain impartiality; 
and 
(C) is prohibited from advocating for the 
adoption or rejection of any legislative proposal. 
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(3) DESIGNATION
OF
EXISTING
AGENCY.—At 
its option, a State may designate an existing agency 
in the legislative branch of its government to appoint 
the members of the independent redistricting com-
mission plan for the State under this title, so long 
as the agency meets the requirements for non-
partisanship under this subsection. 
(4) TERMINATION
OF
AGENCY
SPECIFICALLY 
ESTABLISHED FOR REDISTRICTING.—If a State does 
not designate an existing agency under paragraph 
(3) but instead establishes a new agency to serve as 
the nonpartisan agency under this section, the new 
agency shall terminate upon the enactment into law 
of the redistricting plan for the State. 
(5) DEADLINE.—The State shall meet the re-
quirements of this subsection not later than each 
August 15 of a year ending in the numeral nine. 
(b) ESTABLISHMENT OF SELECT COMMITTEE ON RE-
DISTRICTING.— 
(1) IN GENERAL.—Each State shall appoint a 
Select Committee on Redistricting to approve or dis-
approve a selection pool developed by the inde-
pendent redistricting commission for the State under 
section 3202. 
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(2) APPOINTMENT.—The Select Committee on 
Redistricting for a State under this subsection shall 
consist of the following members: 
(A) 1 member of the upper house of the 
State legislature, who shall be appointed by the 
leader of the party with the greatest number of 
seats in the upper house. 
(B) 1 member of the upper house of the 
State legislature, who shall be appointed by the 
leader of the party with the second greatest 
number of seats in the upper house. 
(C) 1 member of the lower house of the 
State legislature, who shall be appointed by the 
leader of the party with the greatest number of 
seats in the lower house. 
(D) 1 member of the lower house of the 
State legislature, who shall be appointed by the 
leader of the party with the second greatest 
number of seats in the lower house. 
(3) SPECIAL RULE FOR STATES WITH UNICAM-
ERAL LEGISLATURE.—In the case of a State with a 
unicameral legislature, the Select Committee on Re-
districting for the State under this subsection shall 
consist of the following members: 
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(A) 2 members of the State legislature ap-
pointed by the leader of the party with the 
greatest number of seats in the legislature. 
(B) 2 members of the State legislature ap-
pointed by the leader of the party with the sec-
ond greatest number of seats in legislature. 
(4) DEADLINE.—The State shall meet the re-
quirements of this subsection not later than each 
January 15 of a year ending in the numeral zero. 
Subtitle C—Role of Courts in 
Development of Redistricting Plans 
SEC. 3301. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE 
COURT. 
(a) DEVELOPMENT OF PLAN.—If any of the trig-
gering events described in subsection (c) occur with re-
spect to a State— 
(1) not later than December 15 of the year in 
which the triggering event occurs, the United States 
District Court for the District of Columbia, acting 
through a 3-judge court convened pursuant to sec-
tion 2284 of title 28, United States Code, shall de-
velop and publish the Congressional redistricting 
plan for the State; and 
(2) the plan developed and published by the 
Court under this subsection shall be deemed to be 
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enacted on the date on which the Court publishes 
the plan. 
(b) PROCEDURES FOR DEVELOPMENT OF PLAN.— 
(1) CRITERIA.—It is the sense of Congress 
that, in developing a redistricting plan for a State 
under this section, the Court should adhere to the 
same terms and conditions that applied (or that 
would have applied, as the case may be) to the devel-
opment of a plan by the independent redistricting 
commission of the State under section 3203(a). 
(2) ACCESS TO INFORMATION AND RECORDS OF 
COMMISSION.—The Court shall have access to any 
information, data, software, or other records and 
material that was used (or that would have been 
used, as the case may be) by the independent redis-
tricting commission of the State in carrying out its 
duties under this title. 
(c) TRIGGERING EVENTS DESCRIBED.—The ‘‘trig-
gering events’’ described in this subsection are as follows: 
(1) The failure of the State to establish or des-
ignate a nonpartisan agency of the State legislature 
under section 204(a) prior to the expiration of the 
deadline set forth in section 3204(a)(5). 
(2) The failure of the State to appoint a Select 
Committee on Redistricting under section 3204(b) 
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prior to the expiration of the deadline set forth in 
section 3204(b)(4). 
(3) The failure of the Select Committee on Re-
districting to approve any selection pool under sec-
tion 3202 prior to the expiration of the deadline set 
forth for the approval of the second replacement se-
lection pool in section 3202(d)(2). 
(4) The failure of the independent redistricting 
commission of the State to approve a final redis-
tricting plan for the State prior to the expiration of 
the deadline set forth in section 3203(e). 
SEC. 3302. SPECIAL RULE FOR REDISTRICTING CON-
DUCTED UNDER ORDER OF FEDERAL COURT. 
If a Federal court requires a State to conduct redis-
tricting subsequent to an apportionment of Representa-
tives in the State in order to comply with the Constitution 
or to enforce the Voting Rights Act of 1965, section 3203 
shall apply with respect to the redistricting, except that 
the court may revise any of the deadlines set forth in such 
section if the court determines that a revision is appro-
priate in order to provide for a timely enactment of a new 
redistricting plan for the State. 
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