235 
istered to vote in the 2 most recent general 
elections for Federal office held in the State; 
(B) the individual did not hold public office 
or run as a candidate for election for public of-
fice, or serve as an employee of a political party 
or candidate for election for public office, at 
any time during the 4-year period ending on the 
December 31 preceding the date of appoint-
ment; and 
(C) the individual certifies that he or she 
will not run as a candidate for the office of 
Representative in the Congress until after the 
next apportionment of Representatives under 
section 22(a) of the Act entitled ‘‘An Act to 
provide for the fifteenth and subsequent decen-
nial censuses and to provide for an apportion-
ment of Representatives in Congress’’, approved 
June 18, 1929 (2 U.S.C. 2a). 
(4) VACANCY.—A vacancy in the commission 
shall be filled in the manner in which the original 
appointment was made. 
(5) DEADLINE.—Each State shall establish a 
commission under this section, and the members of 
the commission shall appoint the commission’s chair, 
not later than the first February 1 which occurs 
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after the chief executive of a State receives the State 
apportionment notice. 
(6) APPOINTMENT OF CHAIR REQUIRED PRIOR 
TO DEVELOPMENT OF REDISTRICTING PLAN.—The 
commission may not take any action to develop a re-
districting plan for the State under subsection (b) 
until the appointment of the commission’s chair in 
accordance with paragraph (1)(E). 
(7) REQUIRING ALL MEETINGS TO BE OPEN TO 
PUBLIC.—The commission shall hold each of its 
meetings in public. 
(8) INTERNET
SITE.—As soon as practicable 
after establishing the commission, the State shall es-
tablish and maintain a public Internet site for the 
commission which meets the following requirements: 
(A) The site is updated continuously to 
provide advance notice of commission meetings 
and to otherwise provide timely information on 
the activities of the commission. 
(B) The site contains the most recent 
available information from the Bureau of the 
Census on voting-age population, voter registra-
tion, and voting in the State, including pre-
cinct-level and census tract-level data with re-
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spect to such information, as well as detailed 
maps reflecting such information. 
(C) The site includes interactive software 
to enable any individual to design a redis-
tricting plan for the State on the basis of the 
information described in subparagraph (B), in 
accordance with the criteria described in sub-
section (b)(1). 
(D) The site permits any individual to sub-
mit a proposed redistricting plan to the com-
mission, and to submit questions, comments, 
and other information with respect to the com-
mission’s activities. 
(b) DEVELOPMENT OF REDISTRICTING PLAN.— 
(1) CRITERIA.—The independent redistricting 
commission of a State shall develop a redistricting 
plan for the State in accordance with the following 
criteria: 
(A) Adherence to the ‘‘one person, one 
vote’’ standard and other requirements imposed 
under the Constitution of the United States. 
(B) To the greatest extent mathematically 
possible, ensuring that the population of each 
Congressional district in the State does not 
vary from the population of any other Congres-
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238 
sional district in the State (as determined on 
the basis of the total count of persons of the 
most recent decennial census conducted by the 
Bureau of the Census). 
(C) Consistency with any applicable re-
quirements of the Voting Rights Act of 1965 
and other Federal laws. 
(D) To the greatest extent practicable, the 
maintenance of the geographic continuity of the 
political subdivisions of the State which are in-
cluded in the same Congressional district, in the 
following order of priority: 
(i) The continuity of counties or par-
ishes. 
(ii) The continuity of municipalities. 
(iii) The continuity of neighborhoods 
(as determined on the basis of census 
tracts or other relevant information). 
(E) To the greatest extent practicable, 
maintaining compact districts (in accordance 
with such standards as the commission may es-
tablish). 
(F) Ensuring that districts are contiguous 
(except to the extent necessary to include any 
area which is surrounded by a body of water). 
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(2) FACTORS
PROHIBITED
FROM
CONSIDER-
ATION.—In developing the redistricting plan for the 
State, the independent redistricting commission may 
not take into consideration any of the following fac-
tors, except to the extent necessary to comply with 
the Voting Rights Act of 1965: 
(A) The voting history of the population of 
a Congressional district, except that the com-
mission may take such history into consider-
ation to the extent necessary to comply with 
any State law which requires the establishment 
of competitive Congressional districts. 
(B) The political party affiliation of the 
population of a district. 
(C) The residence of incumbent Members 
of the House of Representatives in the State. 
(3) SOLICITATION OF PUBLIC INPUT IN DEVEL-
OPMENT OF PLANS.—The commission shall solicit 
and take into consideration comments from the pub-
lic in developing the redistricting plan for the State 
by holding meetings in representative geographic re-
gions of the State at which members of the public 
may provide such input, and by otherwise soliciting 
input from the public (including redistricting plans 
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240 
developed by members of the public) through the 
commission Internet site and other methods. 
(4) PUBLIC NOTICE OF PLANS PRIOR TO SUB-
MISSION TO LEGISLATURE.—Not fewer than 7 days 
prior to submitting a redistricting plan to the legis-
lature of the State under subsection (c)(1), the com-
mission shall post on the commission Internet site 
and cause to have published in newspapers of gen-
eral circulation throughout the State a notice con-
taining the following information: 
(A) A detailed version of the plan, includ-
ing a map showing each Congressional district 
established under the plan and the voting age 
population by race of each such district. 
(B) A statement providing specific infor-
mation on how the adoption of the plan would 
serve the public interest. 
(C) Any dissenting statements of any 
members of the commission who did not ap-
prove of the submission of the plan to the legis-
lature. 
(c) SUBMISSION OF PLANS TO LEGISLATURE.— 
(1) IN GENERAL.—At any time prior to the 
first November 1 which occurs after the chief execu-
tive of the State receives the State apportionment 
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242 
(B) SPECIAL
RULE.—In the case of a 
State in which the chief executive is prohibited 
under State law from acting on a redistricting 
plan, a redistricting plan developed by the com-
mission shall be considered to be enacted into 
law if— 
(i) the plan is submitted to the legisla-
ture of the State; and 
(ii) the legislature approves the plan 
as submitted by the commission without 
amendment. 
(d) REQUIRING
MAJORITY
APPROVAL
FOR
AC-
TIONS.—The independent redistricting commission of a 
State may not submit a redistricting plan to the State leg-
islature, or take any other action, without the approval 
of at least a majority of its members given at a meeting 
at which at least a majority of its members are present. 
(e) TERMINATION.— 
(1) IN
GENERAL.—The independent redis-
tricting commission of a State shall terminate on the 
day after the date of the first regularly scheduled 
general election for Federal office which occurs after 
the chief executive of the State receives the State 
apportionment notice. 
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243 
(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. 3005. SELECTION OF PLAN BY COURTS. 
(a) STATE COURT.— 
(1) SUBMISSION AND SELECTION OF PLAN.—If 
a redistricting plan developed by the independent re-
districting commission of a State is not enacted into 
law under section 3004(c)(3) by the first November 
1 which occurs after the chief executive of the State 
receives the State apportionment notice, the commis-
sion may submit redistricting plans developed by the 
commission in accordance with section 3004 to the 
highest court of the State, which may select and 
publish one of the submitted plans to serve as the 
redistricting plan for the State. 
(2) NO MODIFICATION OF PLAN PERMITTED.— 
The highest court of a State may not modify any re-
districting plan submitted under this subsection. 
(b) FEDERAL COURT.— 
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(1) FAILURE
OF
STATE
COURT
TO
SELECT 
PLAN.— 
(A) NOTICE TO COURT IF PLAN NOT SE-
LECTED BY STATE COURT.—If a State court to 
whom redistricting plans have been submitted 
under subsection (a) does not select a plan to 
serve as the redistricting plan for the State 
under such subsection on or before the first De-
cember 1 which occurs after the chief executive 
of the State receives the State apportionment 
notice, the State shall file a notice with the 
United States district court for the district in 
which the capital of the State is located. 
(B) DEVELOPMENT
AND
SELECTION
OF 
PLAN BY FEDERAL COURT.—Not later than 30 
days after receiving a notice from a State under 
subparagraph (A), the court shall develop and 
publish a final redistricting plan for the State. 
(2) FAILURE OF STATE TO ESTABLISH COMMIS-
SION.— 
(A) IN GENERAL.—If a State does not es-
tablish an independent redistricting commission 
under section 3004 by the first September 1 
which occurs after the chief executive of the 
State receives the State apportionment notice— 
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245 
(i) the State may not establish the 
commission; and 
(ii) the United States district court 
for the district in which the capital of the 
State is located shall develop and publish 
a final redistricting plan for the State not 
later than the first December 1 which oc-
curs after the chief executive of the State 
receives the State apportionment notice. 
(B) DETERMINATION OF FAILURE TO ES-
TABLISH COMMISSION.—For purposes of sub-
paragraph (A), a State shall be considered to 
have failed to establish an independent redis-
tricting commission by the date referred to in 
such subparagraph if a chair of the commission 
has not been appointed on or before such date. 
(3) CRITERIA.—It is the sense of Congress 
that, in developing a redistricting plan for a State 
under this subsection, the district court should ad-
here to the same terms and conditions that applied 
to the development of the plan of the commission 
under section 3004(b). 
(c) ACCESS
TO INFORMATION
AND RECORDS
OF 
COMMISSION.—A court which is required to select, pub-
lish, or develop a redistricting plan for a State under this 
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246 
section shall have access to any information, data, soft-
ware, or other records and material used by the inde-
pendent redistricting commission of the State in carrying 
out its duties under this title. 
SEC. 3006. 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, sections 3004 
and 3005 shall apply with respect to the redistricting, ex-
cept that— 
(1) the deadline for the establishment of the 
independent redistricting commission and the ap-
pointment of the commission’s chair (as described in 
section 3004(a)(5)) shall be the expiration of the 30- 
day period which begins on the date of the final 
order of the Federal court to conduct the redis-
tricting; 
(2) the deadline for the submission of redis-
tricting plans to the legislature by the commission, 
and the date of the termination of the commission 
(as described in section 3004(c)(1) and section 
3004(e)) shall be the expiration of the 150-day pe-
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247 
riod which begins on the date of the final order of 
the Federal court to conduct the redistricting; 
(3) the deadline for the selection and publica-
tion of the plan by the highest court of the State (as 
described in section 3005(a)) shall be the expiration 
of the 180-day period which begins on the date of 
the final order of the Federal court to conduct the 
redistricting; and 
(4) the deadline for the selection and publica-
tion of the plan by the district court of the United 
States (as described in section 3005(b)) shall be the 
expiration of the 210-day period which begins on the 
date of the final order of the Federal court to con-
duct the redistricting. 
SEC. 3007. PAYMENTS TO STATES FOR CARRYING OUT RE-
DISTRICTING. 
(a) AUTHORIZATION OF PAYMENTS.—Subject to sub-
section (d), not later than 30 days after a State receives 
a State apportionment notice, the Election Assistance 
Commission shall make a payment to the State in an 
amount equal to the product of— 
(1) the number of Representatives to which the 
State is entitled, as provided under the notice; and 
(2) $150,000. 
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(b) USE OF FUNDS.—A State shall use the payment 
made under this section to establish and operate the 
State’s independent redistricting commission, to imple-
ment the State redistricting plan, and to otherwise carry 
out Congressional redistricting in the State. 
(c) NO PAYMENT TO STATES WITH SINGLE MEM-
BER.—The Election Assistance Commission shall not 
make a payment under this section to any State which 
is not entitled to more than one Representative under its 
State apportionment notice. 
(d) REQUIRING ESTABLISHMENT OF COMMISSION AS 
CONDITION OF PAYMENT.—The Election Assistance Com-
mission may not make a payment to a State under this 
section until the State certifies to the Commission that 
the State has established an independent redistricting 
commission, and that a chair of the commission has been 
appointed, in accordance with section 3004. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary for payments under this section. 
SEC. 3008. STATE APPORTIONMENT NOTICE DEFINED. 
In this title, the ‘‘State apportionment notice’’ means, 
with respect to a State, the notice sent to the State from 
the Clerk of the House of Representatives under section 
22(b) of the Act entitled ‘‘An Act to provide for the fif-
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249 
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(b)), of the number 
of Representatives to which the State is entitled. 
SEC. 3009. NO EFFECT ON ELECTIONS FOR STATE AND 
LOCAL OFFICE. 
Nothing in this title or in any amendment made by 
this title may be construed to affect the manner in which 
a State carries out elections for State or local office, in-
cluding the process by which a State establishes the dis-
tricts used in such elections. 
SEC. 3010. EFFECTIVE DATE. 
This title and the amendments made by this title 
shall apply with respect to any Congressional redistricting 
which occurs after the regular decennial census conducted 
during 2020. 
TITLE IV—SAME DAY 
REGISTRATION 
SEC. 4001. SHORT TITLE. 
This title may be cited as the ‘‘Same Day Registra-
tion Act of 2017’’. 
SEC. 4002. SAME DAY REGISTRATION. 
(a) IN GENERAL.—Title III of the Help America 
Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended— 
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(1) by redesignating sections 304 and 305 as 
sections 305 and 306, respectively; and 
(2) by inserting after section 303 the following 
new section: 
‘‘SEC. 304. SAME DAY REGISTRATION. 
‘‘(a) IN GENERAL.— 
‘‘(1) REGISTRATION.—Notwithstanding section 
8(a)(1)(D) of the National Voter Registration Act of 
1993 (52 U.S.C. 20507(a)(1)(D)), each State shall 
permit any eligible individual on the day of a Fed-
eral election and on any day when voting, including 
early voting, is permitted for a Federal election— 
‘‘(A) to register to vote in such election at 
the polling place using a form that meets the 
requirements under section 9(b) of the National 
Voter Registration Act of 1993 (or, if the indi-
vidual is already registered to vote, to revise 
any of the individual’s voter registration infor-
mation); and 
‘‘(B) to cast a vote in such election. 
‘‘(2) EXCEPTION.—The requirements under 
paragraph (1) shall not apply to a State in which, 
under a State law in effect continuously on and after 
the date of the enactment of this section, there is no 
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251 
voter registration requirement for individuals in the 
State with respect to elections for Federal office. 
‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of this 
section, the term ‘eligible individual’ means, with respect 
to any election for Federal office, an individual who is oth-
erwise qualified to vote in that election. 
‘‘(c) EFFECTIVE DATE.—Each State shall be re-
quired to comply with the requirements of subsection (a) 
for the regularly scheduled general election for Federal of-
fice occurring in November 2018 and for any subsequent 
election for Federal office.’’. 
(b) CONFORMING AMENDMENT RELATING TO EN-
FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 
is amended by striking ‘‘and 303’’ and inserting ‘‘303, and 
304’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended— 
(1) by redesignating the items relating to sec-
tions 304 and 305 as relating to sections 305 and 
306, respectively; and 
(2) by inserting after the item relating to sec-
tion 303 the following new item: 
‘‘Sec. 304. Same day registration.’’. 
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TITLE V—SEVERABILITY 
SEC. 5001. SEVERABILITY. 
If any provision of this Act or amendment made by 
this Act, or the application of a provision or amendment 
to any person or circumstance, is held to be unconstitu-
tional, the remainder of this and amendments made by 
this Act, and the application of the provisions and amend-
ment to any person or circumstance, shall not be affected 
by the holding. 
Æ 
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