Fair Representation Act
Bill: H.R.3863 | Sponsor: Rep. Beyer, Donald S., Jr. (D-VA)
Policy area: Government Operations and Politics

Summary:
Fair Representation Act
This bill sets forth provisions related to ranked choice voting (a system in which voters rank candidates in order of preference) and congressional redistricting.
Specifically, the bill requires (1) that ranked choice voting be used for all elections for Senators and Members of the House of Representatives, (2) that states entitled to six or more Representatives establish districts such that three to five Representatives are elected from each district, and (3) that states entitled to fewer than six Representatives elect all Representatives on an at-large basis.
The bill also requires that congressional redistricting be conducted in accordance with a plan developed by (1) a state-established independent commission; or (2) if such a commission fails to enact a plan, a three-judge panel from a U.S. District Court.
Further, the bill directs the Election Assistance Commission to make payments to states to implement ranked choice voting and carry out congressional redistricting.

To establish the use of ranked choice voting in elections for Senators 
 and 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 
                            Representatives.
                   ``Subtitle C--Ranked Choice Voting

 ``Part 1--Requiring Ranked Choice Voting for Election of Senators and 
                            Representatives

        ``Sec. 321. Requiring ranked choice voting for election of 
                            Senators and 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 inactive ballots.
        ``Sec. 334. Batch elimination.
        ``Sec. 335. Treatment of ties between candidates.
        ``Sec. 336. Continuing candidate defined.
     ``Part 3--Payments to States To Implement Ranked Choice Voting

        ``Sec. 341. Payments to States to implement ranked choice 
                            voting.
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. Requiring certain States to elect all Representatives at 
                            large.
Sec. 203. Establishing minimum number of candidates in general 
                            election.
Sec. 204. Conforming amendments.
Sec. 205. Exception for States in which use of multi-member districts 
                            will result in diminishment of voting 
                            rights.
Sec. 206. Effective date.
        TITLE III--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING

                    Subtitle A--General Requirements

Sec. 301. Requiring congressional redistricting to be conducted through 
                            plan of independent State commission.
Sec. 302. Limit on congressional redistricting after an apportionment.
           Subtitle B--Independent Redistricting Commissions

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 notice and input.
Sec. 314. Establishment of related entities.
Sec. 315. Report on diversity of memberships of independent 
                            redistricting commissions.
    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.
Sec. 334. Special rules for redistricting pursuant to 2020 decennial 
                            census.
                      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 administering elections for the Senate and House 
of Representatives because--
            (1) the authority granted to Congress under article I, 
        section 4 of the Constitution of the United States gives 
        Congress the power to enact laws governing the time, place, and 
        manner of elections for Senators and Members of the House of 
        Representatives; and
            (2) the authority granted to Congress under section 5 of 
        the 14th Amendment to the Constitution 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.

                     TITLE I--RANKED CHOICE VOTING

SEC. 101. REQUIRING RANKED CHOICE VOTING FOR ELECTION 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 
                            REPRESENTATIVES

``SEC. 321. REQUIRING RANKED CHOICE VOTING FOR ELECTION OF SENATORS AND 
              REPRESENTATIVES.

    ``(a) Ranked Choice Voting.--Each State shall carry out elections 
for the office of Senator and the office of Representative in Congress 
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 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 331.
            ``(2) In any multi-seat election, the State shall carry out 
        the election using multi-seat ranked choice voting as described 
        in section 332.
    ``(b) Ballot Design.--Each State shall ensure that the ballot used 
in an election carried out using a system of ranked choice voting under 
this title meets each of the following requirements:
            ``(1) The ballot shall be simple and easy to understand.
            ``(2) 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. If feasible, 
        the ballot shall permit voters 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 
        six.
            ``(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.
    ``(c) Definition.--In this title--
            ``(1) the term `single-seat election' means any primary 
        election in which exactly one candidate in the primary election 
        will advance to the general election, 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; and
            ``(2) 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 Representative is elected at large or in a 
        multi-member district.

``SEC. 322. APPLICATION TO DISTRICT OF COLUMBIA AND TERRITORIES.

    ``(a) Election of Delegates and Resident Commissioner.--In this 
subtitle, the term `Representative' includes a Delegate or Resident 
Commissioner to the Congress.
    ``(b) Application to Northern Mariana Islands.--This subtitle shall 
apply with respect to the 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 Senator or Representative 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 
candidates 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 CONGRESSIONAL ELECTIONS.

    ``(a) In General.--
            ``(1) Determination of candidate's number of votes.--In the 
        case of a single-seat election, the number of votes received by 
        a candidate in either the initial tabulation or in an 
        additional round of tabulation shall be equal to the number of 
        ballots on which that candidate is the highest ranked 
        continuing candidate.
            ``(2) Criteria for election.--In the case of a single-seat 
        election, a candidate 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) if--
                    ``(A) in the initial tabulation of ballots, 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 candidates (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, no candidate is elected to 
        office (or, in the case of a primary election, no candidate 
        advances 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 two 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 elimination under section 334, 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 continuing candidate 
                determined under subparagraph (B).

``SEC. 332. TABULATION FOR MULTI-SEAT CONGRESSIONAL ELECTIONS.

    ``(a) In General.--
            ``(1) Votes counted in rounds.--In the case of a multi-seat 
        election, the votes shall be counted in a series of rounds of 
        tabulation until the number of winning candidates equals the 
        required number of winning candidates with respect to the 
        election, as described in paragraph (4).
            ``(2) Criteria for election.--In the case of a multi-seat 
        election, a candidate shall be considered 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 State involved) if--
                    ``(A) in any round, the candidate has a vote total 
                that exceeds the multi-seat election threshold, as 
                determined under this section; or
                    ``(B) the candidate is a continuing candidate and 
                the number of remaining continuing candidates plus the 
                number of candidates already designated as winning 
                candidates is equal to or less than the required number 
                of winning candidates with respect to the election.
            ``(3) Determination of multi-seat election threshold.--The 
        multi-seat election threshold with respect to an election shall 
        be equal to the total number of valid votes cast in the 
        election divided by the sum of the number one and the required 
        number of winning candidates with respect to the election, 
        rounded up to four decimal places.
            ``(4) Tabulation process.--In the case of a multi-seat 
        election, the votes shall be counted in a series of rounds, 
        beginning with the initial round, under which each candidate 
        has a number of votes equal to the number of votes cast in the 
        election in which the candidate was the highest-ranked 
        candidate, and proceeding as follows:
                    ``(A) If, following any round of counting, the 
                number of winning and continuing candidates combined is 
                greater than the required number of winning candidates 
                with respect to the election, and at least one 
                candidate has a vote total that exceeds the multi-seat 
                election threshold, as determined under this section, 
                then the following round shall be a surplus tabulation 
                round.
                    ``(B) If, following any round of counting, the 
                number of winning and continuing candidates combined is 
                greater than the required number of winning candidates 
                with respect to the election, and no candidate has a 
                vote total that exceeds the multi-seat election 
                threshold, as determined under this section, then the 
                following round shall be a candidate elimination round.
                    ``(C) If, following any round of counting, the 
                number of winning and continuing candidates combined is 
                equal to or less than the required number of winning 
                candidates with respect to the election, then the 
                remaining continuing candidates shall be designated as 
                winning candidates, and the tabulation is complete.
            ``(5) Tabulation rounds described.--
                    ``(A) Surplus tabulation round.--In this section, a 
                `surplus tabulation round' is a tabulation round under 
                which each candidate with a vote total greater than the 
                multi-seat election threshold is designated as a 
                winning candidate and the surplus votes for such 
                candidate are transferred to other candidates, as 
                described in subsection (b)(2).
                    ``(B) Candidate elimination round.--In this 
                section, a `candidate elimination round' is a 
                tabulation round under which the candidate with the 
                fewest votes is designated as defeated and votes for 
                that candidate are transferred to other candidates, as 
                described in subsection (b)(3).
    ``(b) Process for Transferring Votes.--
            ``(1) Surplus tabulation rounds.--In a surplus tabulation 
        round, each candidate with a vote total that exceeds the multi-
        seat election threshold shall be designated as a winning 
        candidate, and the election official shall transfer the surplus 
        votes for each such candidate to other candidates as follows:
                    ``(A) The official shall determine the surplus 
                fraction for each candidate designated as a winning 
                candidate at the beginning of the round by taking the 
                difference between the candidate's vote total at the 
                beginning of the round and the multi-seat election 
                threshold, and dividing that difference by the 
                candidate's vote total at the beginning of the round.
                    ``(B) The official shall reweight each vote 
                counting for each candidate designated as a winning 
                candidate at the beginning of the round by multiplying 
                the vote's current weight (equal to one if the vote has 
                not been reweighted in any prior surplus tabulation 
                round) by the surplus fraction determined with respect 
                to the candidate under subparagraph (A), rounding down 
                to four decimal places.
                    ``(C) The official shall transfer each vote 
                counting for each candidate designated as a winning 
                candidate at the beginning of the round to the highest 
                ranked continuing candidate on the ballot on which the 
                vote was cast, counting the vote as a fraction of a 
                vote equal to its new weight as determined under 
                subparagraph (B).
                    ``(D) For all subsequent surplus tabulation rounds, 
                the official shall set the vote total of each candidate 
                designated as a winning candidate at the beginning of 
                the round to be equal to the multi-seat election 
                threshold.
            ``(2) Candidate elimination rounds.--In a candidate 
        elimination round, the candidate with the fewest votes (or, in 
        the case of a State which applies batch elimination under 
        section 334, each candidate in the batch elimination group) 
        shall be designated as defeated, and the election official 
        shall transfer the votes for such candidate to other candidates 
        as follows:
                    ``(A) The official shall transfer each vote 
                counting for the candidate designated as defeated at 
                the beginning of the round to the highest ranked 
                continuing candidate on the ballot on which the vote 
                was cast, except that if the vote was counted as a 
                fraction of a vote due to being reweighted in a prior 
                surplus transfer round, it shall continue to count as 
                the same fraction of a vote in the subsequent candidate 
                elimination round.
                    ``(B) For all subsequent candidate elimination 
                rounds, the official shall set the vote total of each 
                candidate designated as defeated at the beginning of 
                the round to zero votes.

``SEC. 333. EXCLUSION OF INACTIVE BALLOTS.

    ``(a) Initial Tabulation.--In the initial tabulation of ballots 
under section 331 or the initial round of tabulation under section 332, 
if a vote is cast on an inactive ballot, no vote on the ballot shall be 
counted for any candidate.
    ``(b) Additional Rounds of Tabulation.--
            ``(1) Single-seat elections.--In any additional 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 additional round of 
        tabulation conducted with respect to a multi-seat election 
        under section 332(b)--
                    ``(A) if a vote cast for the winning candidate is 
                cast on an inactive ballot, no portion of the surplus 
                vote on such ballot may be transferred to a continuing 
                candidate under any surplus vote tabulation round 
                described in paragraph (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 described in paragraph (3) 
                of section 332(b).
    ``(c) Inactive Ballot Defined.--In this subsection, the term 
`inactive ballot' means--
            ``(1) a ballot on which the voter does not rank any of the 
        continuing candidates in order of preference;
            ``(2) a ballot on which the voter ranked more than one 
        continuing candidate at the highest order of preference; or
            ``(3) 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. BATCH ELIMINATION.

    ``At the option of the State, with respect to any candidate 
elimination round carried out under this subsection, a State may use 
batch elimination to treat multiple candidates as defeated candidates 
for purposes of section 331(b)(2) and section 332(b)(2). A continuing 
candidate is in the elimination batch if the number of winning and 
continuing candidates with more votes than that candidate is greater 
than the number of winning candidates required with respect to the 
election, and it is mathematically impossible for that candidate to be 
a winning candidate in the election for any of the following reasons:
            ``(1) The candidate's vote total in the initial tabulation 
        of ballots plus all of the votes that could possibly be 
        transferred to the candidate in the additional rounds of 
        tabulation would not be enough to equal or surpass the 
        continuing candidate with the next highest vote total in the 
        initial tabulation of ballots.
            ``(2) The candidate has a lower current vote total than a 
        continuing candidate who is described by paragraph (1).

``SEC. 335. TREATMENT OF TIES BETWEEN CANDIDATES.

    ``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 in accordance with State law.

``SEC. 336. CONTINUING CANDIDATE DEFINED.

    ``In this part, the term `continuing candidate' means, with respect 
to any round of tabulation under this part, a candidate who is neither 
a winning candidate nor a candidate who is treated as a defeated 
candidate under such subsection during the tabulation of ballots under 
that round of tabulation.

     ``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 reapportionment of 
                Representatives resulting from the regular decennial 
                census conducted during 2020; and
                    ``(B) $500,000.
    ``(b) Use of Funds.--A State shall use the payment made under 
subsection (a) to implement ranked choice voting under this subtitle, 
including educating voters about ranked choice voting, and to otherwise 
carry out elections 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 affect a State's 
eligibility for or use of a requirements 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 Senators and 
                            Representatives

        ``Sec. 321. Requiring ranked choice voting for election of 
                            Senators and 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 inactive ballots.
        ``Sec. 334. Batch elimination.
        ``Sec. 335. Treatment of ties between candidates.
        ``Sec. 336. Continuing candidate defined.
     ``Part 3--Payments to States To Implement Ranked Choice Voting

        ``Sec. 341. Payments to States to implement ranked choice 
                            voting.

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--
            (1) elections for the office of Senator which are held 
        during 2022 or any succeeding year; and
            (2) elections for the office of Representative which are 
        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 Representatives.--If a State 
is entitled to six or more Representatives 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)), the State shall establish a number of 
districts for the election of Representatives in the State that is less 
than the number of Representatives to which the State is entitled, and 
Representatives shall be elected only from districts so established.
    (b) Criteria for Number of Districts.--In establishing the number 
of districts for the State under subsection (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 Constitution of the United States.
            (2) The number of Representatives to be elected from any 
        district may not be fewer than three or greater than five.

SEC. 202. REQUIRING CERTAIN STATES TO ELECT ALL REPRESENTATIVES AT 
              LARGE.

    If a State is entitled to five or fewer Representatives 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)), the State shall elect all such 
Representatives at large.

SEC. 203. ESTABLISHING MINIMUM NUMBER OF CANDIDATES IN GENERAL 
              ELECTION.

    (a) States With Partisan Nominating Primaries.--
            (1) In general.--If, in a primary election for the office 
        of Representative, the candidates that advance to the general 
        election do so by winning the nomination of a political party 
        (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 to be 
        nominated by each political party is equal to the number of 
        Representatives who will be elected from the district involved.
            (2) Authority of political parties to determine number of 
        candidates advancing in multi-seat elections.--Notwithstanding 
        paragraph (1), in the case of a primary election described in 
        such paragraph which is a multi-seat primary election, a State 
        may permit a political party to adopt a rule that provides for 
        such number of nominees of that political party to advance to 
        the general election as the party considers appropriate, so 
        long as the number is not less than two.
            (3) Multi-seat primary election defined.--In this 
        subsection, the term ``multi-seat primary election'' means a 
        primary election held to select the candidates for a general 
        election in which more than one Representative shall be 
        elected.
    (b) States With Nonpartisan Blanket Primaries.--
            (1) Number of candidates.--If a State uses a nonpartisan 
        blanket primary election to determine which candidates will 
        advance to the general election for the office of 
        Representative, the State shall ensure that the number of 
        candidates who advance to the general election for the office 
        is not less than the greater of--
                    (A) five;
                    (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 blanket primary election defined.--In this 
        subsection, a ``nonpartisan blanket primary election'' is a 
        primary election for the office of Representative conducted 
        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, under which--
                    (A) each candidate for such office, regardless 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 district 
                involved may cast a ballot in the election, regardless 
                of the voter's political party preference or lack 
                thereof; and
                    (C) the identification and number of candidates 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 Election.--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 the Revised Statutes 
of the United States (2 U.S.C. 7) for the regularly scheduled general 
election for such offices, all seats shall be elected at the election 
taking place on such date.

SEC. 204. CONFORMING AMENDMENTS.

    (a) Election of Representatives Prior to Reapportionment.--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)), 
is amended by striking ``Until a State'' and inserting ``Except as 
provided in title II of the Fair Representation Act, until a State''.
    (b) Number of Representatives.--Section 22(b) of the Act entitled 
``An Act to provide for apportioning Representatives in Congress among 
the several States by the equal proportions method'', approved November 
15, 1941 (2 U.S.C. 2b), is amended by striking ``Each State'' and 
inserting ``Except as provided in title II of the Fair Representation 
Act, each State''.
    (c) Number of Representatives From Each District.--The Act entitled 
``An Act for the relief of Doctor Ricardo Vallejo Samala and to provide 
for congressional redistricting'', approved December 14, 1967 (2 U.S.C. 
2c), is amended by striking ``In each State'' and inserting ``Except as 
provided in title II of the Fair Representation Act, in each State''.
    (d) Nomination for Representatives at Large.--Section 5 of the Act 
entitled ``An Act For the apportionment of Representatives in Congress 
among the several States under the Thirteenth Census'', approved August 
8, 1911 (2 U.S.C. 5), is amended by striking ``Candidates for 
Representative'' and inserting ``Except as provided in title II of the 
Fair Representation Act, candidates for Representative''.

SEC. 205. EXCEPTION FOR STATES IN WHICH USE OF MULTI-MEMBER DISTRICTS 
              WILL RESULT IN DIMINISHMENT OF VOTING RIGHTS.

    (a) Exception.--If the written evaluation of any of the 
redistricting plans of the independent redistricting commission of a 
State under subtitle B of title III with respect to the apportionment 
of Representatives resulting from a decennial census, as developed and 
published under section 313(e), indicates that the redistricting plan 
will deny or abridge the right to vote by having the effect of 
diminishing the ability of any citizens of the United States on account 
of race or color, or in contravention of the guarantees set forth in 
section 4(f)(2) of the Voting Rights Act of 1965 (52 U.S.C. 
10303(f)(2)), to elect their preferred candidates of choice--
            (1) this title shall not apply with respect to any election 
        held in the State which is based on the apportionment of 
        Representatives to which such redistricting plan would apply; 
        and
            (2) the independent redistricting commission shall (in 
        accordance with subtitle B of title III) develop and publish a 
        redistricting plan for the State for purposes of title III 
        under which there are no multi-member districts in the State.
    (b) No Effect on Other Requirements.--Nothing in this section shall 
be construed to waive the application of any of the other titles of 
this Act or the amendments made by any of the other titles of this Act 
to a State for which there are no multi-member districts as a result of 
this section, including the requirement to use ranked choice voting as 
set forth in title I or the requirement to carry out congressional 
redistricting in the State through the use of independent redistricting 
commissions as set forth in title III.

SEC. 206. EFFECTIVE DATE.

    This title and the amendments made by this title shall apply with 
respect to the One Hundred Eighteenth Congress and each subsequent 
Congress.

        TITLE III--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING

                    Subtitle A--General Requirements

SEC. 301. REQUIRING CONGRESSIONAL REDISTRICTING TO BE CONDUCTED THROUGH 
              PLAN OF INDEPENDENT STATE COMMISSION.

    (a) Use of Plan Required.--Notwithstanding any other provision of 
law, and except as provided in subsection (c) and subsection (d), any 
congressional redistricting conducted by a State shall be conducted 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, in accordance with section 321.
    (b) Conforming Amendment.--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)), is amended by striking ``in 
the manner provided by the law thereof'' and inserting: ``in the manner 
provided by title III of the Fair Representation Act''.
    (c) Special Rule for Existing Commissions.--Subsection (a) does not 
apply to any State in which, under law in effect continuously on and 
after the date of the enactment of this Act, congressional 
redistricting is carried out in accordance with a plan developed and 
approved by an independent redistricting commission which is in 
compliance with each of the following requirements:
            (1) Publicly available application process.--Membership on 
        the commission is open to citizens of the State through a 
        publicly available application process.
            (2) Disqualifications for government service and political 
        appointment.--Individuals who, for a covered period of time as 
        established by the State, hold or have held public office, 
        individuals who are or have been candidates for elected public 
        office, and individuals who serve or have served as an officer, 
        employee, or paid consultant of a campaign committee of a 
        candidate for public office are disqualified from serving on 
        the commission.
            (3) Screening for conflicts.--Individuals who apply to 
        serve on the commission are screened through a process that 
        excludes persons with conflicts of interest from the pool of 
        potential commissioners.
            (4) Multi-partisan composition.--Membership on the 
        commission represents those who are affiliated with the two 
        political parties whose candidates received the most votes in 
        the most recent statewide election for Federal office held in 
        the State, as well as those who are unaffiliated with any party 
        or who are affiliated with political parties other than the two 
        political parties whose candidates received the most votes in 
        the most recent statewide election for Federal office held in 
        the State.
            (5) Criteria for redistricting.--Members of the commission 
        shall draw maps in accordance with the criteria set forth in 
        section 313(a).
            (6) Public input.--Public hearings are held and comments 
        from the public are accepted before a final map is approved.
            (7) Broad-based support for approval of final plan.--The 
        approval of the final redistricting plan requires a majority 
        vote of the members of the commission, including the support of 
        at least one member of each of the following:
                    (A) Members who are affiliated with the political 
                party whose candidate received the most votes in the 
                most recent statewide election for Federal office held 
                in the State.
                    (B) Members 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) Members who not affiliated with any political 
                party or who are affiliated with political parties 
                other than the political parties described in 
                subparagraphs (A) and (B).

SEC. 302. 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 fifteenth and subsequent decennial censuses and to 
provide for an apportionment of Representatives in Congress'', approved 
June 18, 1929 (2 U.S.C. 2a), may not be redistricted again until after 
the next apportionment of Representatives under such section, unless a 
court requires the State to conduct such subsequent redistricting to 
comply 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.

           Subtitle B--Independent Redistricting Commissions

SEC. 311. INDEPENDENT REDISTRICTING COMMISSION.

    (a) Appointment of Members.--
            (1) In general.--The nonpartisan agency established or 
        designated by a State under section 314(a) shall establish an 
        independent redistricting commission for the State, which shall 
        consist of 15 members appointed by the agency as follows:
                    (A) Not later than October 1 of a year ending in 
                the numeral zero, the agency shall, at a public meeting 
                held not earlier 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 members on a 
                        random basis from the majority category of the 
                        approved selection pool (as described in 
                        section 312(b)(1)(A)).
                            (ii) The agency shall appoint 2 members on 
                        a random basis from the minority category of 
                        the approved selection pool (as described in 
                        section 312(b)(1)(B)).
                            (iii) The agency shall appoint 2 members on 
                        a random basis from the independent category of 
                        the approved selection pool (as described in 
                        section 312(b)(1)(C)).
                    (B) Not later than November 15 of a year ending in 
                the numeral zero, the members appointed by the agency 
                under subparagraph (A) shall, at a public meeting held 
                not earlier than 15 days after notice of the meeting 
                has been given to the public, then appoint 9 members as 
                follows:
                            (i) The members shall appoint 3 members 
                        from the majority category of the approved 
                        selection pool (as described in section 
                        312(b)(1)(A)).
                            (ii) The members shall appoint 3 members 
                        from the minority category of the approved 
                        selection pool (as described in section 
                        312(b)(1)(B)).
                            (iii) The members shall appoint 3 members 
                        from the independent category of the approved 
                        selection pool (as described in section 
                        312(b)(1)(C)).
            (2) Rules for appointment of members appointed by first 
        members.--
                    (A) Affirmative vote of at least 4 members.--The 
                appointment of any of the 9 members of the independent 
                redistricting commission who are appointed by the first 
                members of the commission pursuant to subparagraph (B) 
                of paragraph (1), as well as the designation of 
                alternates for such members pursuant to subparagraph 
                (B) of paragraph (3) and the appointment of alternates 
                to fill vacancies pursuant to subparagraph (B) of 
                paragraph (4), shall require the affirmative vote of at 
                least 4 of the members appointed by the nonpartisan 
                agency under subparagraph (A) of paragraph (1), 
                including at least one member from each of the 
                categories referred to in such subparagraph.
                    (B) Ensuring diversity.--In appointing the 9 
                members pursuant to subparagraph (B) of paragraph (1), 
                as well as in designating alternates pursuant to 
                subparagraph (B) of paragraph (3) and in appointing 
                alternates to fill vacancies pursuant to subparagraph 
                (B) of paragraph (4), the first members of the 
                independent redistricting commission shall ensure that 
                the membership is representative of the demographic 
                groups (including racial, ethnic, economic, and gender) 
                and geographic regions of the State, and provides 
                racial, ethnic, and language minorities protected under 
                the Voting Rights Act of 1965 with a meaningful 
                opportunity to participate in the development of the 
                State's redistricting plan.
            (3) Designation of alternates to serve in case of 
        vacancies.--
                    (A) Members appointed by agency.--At the time the 
                agency appoints the members of the independent 
                redistricting commission under subparagraph (A) of 
                paragraph (1) from each of the categories referred to 
                in such subparagraph, the agency shall, on a random 
                basis, designate 2 other individuals from such category 
                to serve as alternate members who may be appointed to 
                fill vacancies in the commission in accordance with 
                paragraph (4).
                    (B) Members appointed by first members.--At the 
                time the members appointed by the agency appoint the 
                other members of the independent redistricting 
                commission under subparagraph (B) of paragraph (1) from 
                each of the categories referred to in such 
                subparagraph, the members shall, in accordance with the 
                special rules described in paragraph (2), designate 2 
                other individuals from such category to serve as 
                alternate members who may be appointed to fill 
                vacancies in the commission in accordance with 
                paragraph (4).
            (4) Appointment of alternates to serve in case of 
        vacancies.--
                    (A) Members appointed by agency.--If a vacancy 
                occurs in the commission with respect to a member who 
                was appointed by the nonpartisan agency under 
                subparagraph (A) of paragraph (1) from one of the 
                categories referred to in such subparagraph, the agency 
                shall fill the vacancy by appointing, on a random 
                basis, one of the 2 alternates from such category who 
                was designated under subparagraph (A) of paragraph (3). 
                At the time the agency appoints an alternate to fill a 
                vacancy under the previous sentence, the agency shall 
                designate, on a random basis, another individual from 
                the same category to serve as an alternate member, in 
                accordance with subparagraph (A) of paragraph (3).
                    (B) Members appointed by first members.--If a 
                vacancy occurs in the commission with respect to a 
                member who was appointed by the first members of the 
                commission under subparagraph (B) of paragraph (1) from 
                one of the categories referred to in such subparagraph, 
                the first members shall, in accordance with the special 
                rules described in paragraph (2), fill the vacancy by 
                appointing one of the 2 alternates from such category 
                who was designated under subparagraph (B) of paragraph 
                (3). At the time the first members appoint an alternate 
                to fill a vacancy under the previous sentence, the 
                first members shall, in accordance with the special 
                rules described in paragraph (2), designate another 
                individual from the same category to serve as an 
                alternate member, in accordance with subparagraph (B) 
                of paragraph (3).
            (5) Removal.--A member of the independent redistricting 
        commission may be removed by a majority vote of the remaining 
        members of the commission if it is shown by a preponderance of 
        the evidence that the member is not eligible to serve on the 
        commission under section 312(a).
    (b) Procedures for Conducting Commission Business.--
            (1) Chair.--Members of an independent redistricting 
        commission established under this section shall select by 
        majority vote one member who was appointed from the independent 
        category of the approved 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 actions.--The 
        independent redistricting commission 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 approved 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.--Under a public application process in which all 
        application materials are available for public inspection, the 
        independent redistricting commission of a State shall appoint 
        and set the pay of technical experts, legal counsel, 
        consultants, and such other staff as it considers appropriate, 
        subject to State law.
            (2) Contractors.--The independent redistricting 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 
        majority of the members of the commission, including at least 
        one member appointed from each of the categories of the 
        approved selection pool described in section 312(b)(1).
            (3) Reports on expenditures for political activity.--
                    (A) Report by applicants.--Each individual who 
                applies for a position as an employee of the 
                independent redistricting commission and each vendor 
                who applies for a contract with the commission shall, 
                at the time of applying, file with the commission a 
                report summarizing--
                            (i) any expenditure for political activity 
                        made by such individual or vendor during the 10 
                        most recent calendar years; and
                            (ii) any income received by such individual 
                        or vendor during the 10 most recent calendar 
                        years which is attributable to an expenditure 
                        for political activity.
                    (B) Annual reports by employees and vendors.--Each 
                person who is an employee or vendor of the independent 
                redistricting commission shall, not later than one year 
                after the person is appointed as an employee or enters 
                into a contract as a vendor (as the case may be) and 
                annually thereafter for each year during which the 
                person serves as an employee or a vendor, file with the 
                commission a report summarizing the expenditures and 
                income described in subparagraph (A) during the 10 most 
                recent calendar years.
                    (C) Expenditure for political activity defined.--In 
                this paragraph, the term ``expenditure for political 
                activity'' means a disbursement for any of the 
                following:
                            (i) An independent expenditure, as defined 
                        in section 301(17) of the Federal Election 
                        Campaign Act of 1971 (52 U.S.C. 30101(17)).
                            (ii) An electioneering communication, as 
                        defined in section 304(f)(3) of such Act (52 
                        U.S.C. 30104(f)(3)) or any other public 
                        communication, as defined in section 301(22) of 
                        such Act (52 U.S.C. 30101(22)) that would be an 
                        electioneering communication if it were a 
                        broadcast, cable, or satellite communication.
                            (iii) Any dues or other payments to trade 
                        associations or organizations described in 
                        section 501(c) of the Internal Revenue Code of 
                        1986 and exempt from tax under section 501(a) 
                        of such Code that are, or could reasonably be 
                        anticipated to be, used or transferred to 
                        another association or organization for a use 
                        described in paragraph (1), (2), or (4) of 
                        section 501(c) of such Code.
            (4) Goal of impartiality.--The commission shall take such 
        steps as it considers appropriate to ensure that any staff 
        appointed under this subsection, 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 position or for a 
        vendor's contract with the commission to provide information on 
        the person's history of political activity beyond the 
        information on the person's expenditures for political activity 
        provided in the reports required under paragraph (3) (including 
        donations to candidates, political committees, and political 
        parties) as a condition of the appointment or the contract.
            (5) Disqualification; waiver.--
                    (A) In general.--The independent redistricting 
                commission may not appoint an individual as an 
                employee, and may not enter into a contract with a 
                vendor, if the individual or vendor meets any of the 
                criteria for the disqualification of an individual from 
                serving as a member of the commission which are set 
                forth in section 312(a)(2).
                    (B) Waiver.--The commission may by unanimous vote 
                of its members waive the application of subparagraph 
                (A) to an individual or a vendor after receiving and 
                reviewing the report filed by the individual or vendor 
                under paragraph (3).
    (d) Termination.--
            (1) In general.--The independent redistricting commission 
        of a State shall terminate on the earlier of--
                    (A) June 14 of the next 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).
            (2) 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 congressional redistricting in the 
        State.

SEC. 312. ESTABLISHMENT OF SELECTION POOL OF INDIVIDUALS 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 following criteria:
                    (A) As of the date of appointment, the individual 
                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 individual 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 nonpartisan 
                agency established or designated by a State under 
                section 313, at such time and in such form as the 
                agency may require, an application 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 information and assurances:
                            (i) The full current name and any former 
                        names of, and the contact information for, the 
                        individual, including an electronic mail 
                        address, the address of the individual'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 individual 
                        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 
                                financial support of, professional, 
                                social, political, religious, or 
                                community organizations or causes; and
                                    (II) the individual's employment 
                                and educational history.
                            (v) An assurance that the individual shall 
                        commit to carrying out the individual's duties 
                        under this Act in an honest, independent, and 
                        impartial fashion, and to upholding public 
                        confidence in the integrity of the 
                        redistricting process.
                            (vi) 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 covered periods described in 
        paragraph (3):
                    (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 or 
                of any political action committee (as determined in 
                accordance with the law of the State).
                    (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 Disclosure 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 government of the 
                State, or a donor to the campaign 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 or (in the case of the covered 
                periods described in subparagraphs (A) and (B) of 
                paragraph (3)) an immediate family member of the 
                individual paid a civil money penalty or criminal fine, 
                or was sentenced to a term of imprisonment, for 
                violating any provision of the Federal Election 
                Campaign Act of 1971 (52 U.S.C. 30101 et seq.).
                    (F) 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 agent of a foreign principal under the 
                Foreign Agents Registration Act of 1938, as amended (22 
                U.S.C. 611 et seq.).
            (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 10-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 August 14 of the 
                next year ending in the numeral one.
                    (C) The 10-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 member'' means, with respect to an 
        individual, a father, stepfather, mother, stepmother, son, 
        stepson, daughter, stepdaughter, brother, stepbrother, sister, 
        stepsister, husband, wife, father-in-law, or mother-in-law.
    (b) Development and Submission of Selection Pool.--
            (1) In general.--Not later than June 15 of each year ending 
        in the numeral zero, the nonpartisan agency established or 
        designated by a State under section 314(a) shall develop and 
        submit to the Select Committee on Redistricting for the State 
        established 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 
        Act, 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 Federal office held in 
                the State.
                    (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 subparagraph (A) or 
                subparagraph (B).
            (2) Factors taken into account in developing pool.--In 
        selecting individuals for the selection 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 participate in 
                the development of the State's redistricting plan; 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) Interviews of applicants.--To assist the nonpartisan 
        agency in developing the selection pool under this subsection, 
        the nonpartisan agency shall conduct interviews of applicants 
        under oath. If an individual is included in a selection pool 
        developed under this section, all of the interviews of the 
        individual shall be transcribed and the transcriptions made 
        available on the nonpartisan agency's website contemporaneously 
        with release of the report under paragraph (6).
            (4) Determination of political party affiliation 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 
        individual provides in the application submitted under 
        subsection (a)(1)(D), including by considering additional 
        information provided by other persons with knowledge of the 
        individual's history of political activity.
            (5) 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 regions and demographic groups are aware of the 
        opportunity 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.
            (6) Report on establishment of selection pool.--At the time 
        the nonpartisan agency submits the selection pool to the Select 
        Committee on Redistricting under paragraph (1), it shall 
        publish and post on the agency's public website 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).
            (7) Public comment on selection pool.--During the 14-day 
        period which begins on the date the nonpartisan agency 
        publishes the report under paragraph (6), the agency shall 
        accept comments from the public on the individuals included in 
        the selection pool. The agency shall post all such comments 
        contemporaneously on the nonpartisan agency's website and shall 
        transmit them to the Select Committee on Redistricting 
        immediately upon the expiration of such period.
            (8) Action by select committee.--
                    (A) In general.--Not earlier than 15 days and not 
                later than 21 days after receiving the 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 selection pool 
                        for purposes of section 311(a)(1); or
                            (ii) reject the pool, in which case the 
                        nonpartisan agency shall develop and submit a 
                        replacement selection pool in accordance with 
                        subsection (c).
                    (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 Committee shall be deemed to have 
                rejected the pool for purposes of such subparagraph.
    (c) Development of Replacement Selection Pool.--
            (1) In general.--If the Select Committee on Redistricting 
        rejects the selection pool submitted by the nonpartisan agency 
        under subsection (b), not later than 14 days after the 
        rejection, the nonpartisan agency shall develop and submit to 
        the Select 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 
        (7) of subsection (b). The replacement pool submitted under 
        this paragraph may include individuals who were included in the 
        rejected selection pool submitted under subsection (b), so long 
        as at least one of the individuals in the replacement pool was 
        not included in such rejected pool.
            (2) Action by select committee.--
                    (A) In general.--Not later than 21 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 selection pool 
                        for purposes of section 311(a)(1); or
                            (ii) reject the pool, in which case the 
                        nonpartisan agency shall develop and submit 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 Committee shall be deemed to have 
                rejected the pool for purposes of such subparagraph.
    (d) Development of Second Replacement Selection Pool.--
            (1) In general.--If the Select Committee on Redistricting 
        rejects the replacement selection pool submitted by the 
        nonpartisan agency under subsection (c), not later than 14 days 
        after the rejection, the nonpartisan agency shall develop and 
        submit 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 (7) of subsection (b). The second 
        replacement selection pool submitted under this paragraph may 
        include individuals who were included in the rejected selection 
        pool submitted under subsection (b) or the rejected replacement 
        selection pool submitted under subsection (c), so long as at 
        least one of the individuals in the replacement pool was not 
        included in either such rejected pool.
            (2) Action by select committee.--
                    (A) In general.--Not earlier than 15 days and not 
                later than 14 days after receiving the second 
                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 selection pool 
                        for purposes of section 311(a)(1); or
                            (ii) reject the pool.
                    (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 Committee shall be deemed to have 
                rejected the pool for purposes of such subparagraph.
                    (C) Effect of rejection.--If the Select Committee 
                on Redistricting rejects the second replacement pool 
                from the nonpartisan agency under paragraph (1), the 
                redistricting plan for the State shall be developed and 
                enacted in accordance with subtitle C.

SEC. 313. CRITERIA FOR REDISTRICTING PLAN BY INDEPENDENT COMMISSION; 
              PUBLIC NOTICE AND INPUT.

    (a) Development of Redistricting Plan.--
            (1) Criteria.--In addition to the criteria set forth in 
        section 311(b), 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 comply with the United States 
                Constitution, including the requirement that they 
                equalize total population per Representative elected.
                    (B) Districts shall be established in a manner 
                consistent with the Voting Rights Act of 1965 (52 
                U.S.C. 10301 et seq.) and all applicable Federal laws.
                    (C) Districts shall provide racial, ethnic, and 
                language minorities with an equal opportunity to 
                participate in the political process and to elect 
                candidates of choice and shall not dilute or diminish 
                their ability to elect candidates of choice whether 
                alone or in coalition with others.
                    (D) To the extent practicable, districts shall 
                reflect the diversity of political opinion in the State 
                such that no district in the State--
                            (i) elects exactly 3 Representatives and 
                        the nominee of one political party for 
                        President received at least 75 percent of the 
                        votes cast in the geographic area covered by 
                        the district in 2 of the 3 most recent 
                        Presidential elections;
                            (ii) elects exactly 4 Representatives and 
                        the nominee of one political party for 
                        President received at least 80 percent of the 
                        votes cast in the geographic area covered by 
                        the district in 2 of the 3 most recent 
                        Presidential elections; or
                            (iii) elects exactly 5 Representatives and 
                        the nominee of one political party for 
                        President received at least 83 percent of the 
                        votes cast in the geographic area covered by 
                        the district in 2 of the 3 most recent 
                        Presidential elections.
                    (E) To the greatest extent practicable the State 
                shall minimize the number of districts electing 4 
                Representatives.
                    (F) To the greatest extent practicable the State 
                shall maximize the number of districts electing 5 
                Representatives.
                    (G) To the extent practicable, districts shall 
                minimize the division of any community of interest, 
                municipality, county, or neighborhood. In this 
                subparagraph, the term ``community of interest'' means 
                an area with recognized similarities of interests, 
                including but not limited to ethnic, economic, social, 
                cultural, geographic, or historic identities. Such term 
                may, in circumstances, include political subdivisions 
                such as counties, municipalities, or school districts, 
                but shall not include common relationships with 
                political parties, officeholders, or political 
                candidates.
            (2) No favoring or disfavoring of political parties.--The 
        redistricting plan developed by the independent redistricting 
        commission shall not, when considered on a statewide basis, 
        unduly favor or disfavor any political party.
            (3) Prohibiting consideration of residence of member or 
        other candidate.--In developing the redistricting plan for the 
        State, the independent redistricting commission may not take 
        into consideration the residence of any Member of the House of 
        Representatives or candidate.
    (b) Public Notice and Input.--
            (1) Use of open and transparent process.--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, including proposed maps, 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 
        reasonably possible of its proposed and final redistricting 
        plans.
            (2) Website.--
                    (A) Features.--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:
                            (i) General information on the commission, 
                        its role in the redistricting process, and its 
                        members, including contact information.
                            (ii) An updated schedule of commission 
                        hearings and activities, including deadlines 
                        for the submission of comments.
                            (iii) All draft redistricting plans 
                        developed by the commission under subsection 
                        (c) and the final redistricting plan developed 
                        under subsection (d), including the 
                        accompanying written evaluation under 
                        subsection (e).
                            (iv) All comments received from the public 
                        on the commission's activities, including any 
                        proposed maps submitted under paragraph (1).
                            (v) Live streaming of commission hearings 
                        and an archive of previous meetings, including 
                        any documents considered at any such meeting, 
                        which the commission shall post not later than 
                        24 hours after the conclusion of the meeting.
                            (vi) Access in an easily useable format to 
                        the demographic and other data used by the 
                        commission to develop and analyze the proposed 
                        redistricting plans, together with access to 
                        any software used to draw maps of proposed 
                        districts and to any reports analyzing and 
                        evaluating any such maps.
                            (vii) A method by which members of the 
                        public may submit comments and proposed maps 
                        directly to the commission.
                            (viii) All records of the commission, 
                        including all communications to or from 
                        members, employees, and contractors regarding 
                        the work of the commission.
                            (ix) A list of all contractors receiving 
                        payment from the commission, together with the 
                        annual disclosures submitted by the contractors 
                        under section 311(c)(3).
                            (x) A list of the names of all individuals 
                        who submitted applications to serve on the 
                        commission, together with the applications 
                        submitted by individuals included in any 
                        selection pool, except that the commission may 
                        redact from such applications any financial or 
                        other personally sensitive information.
                    (B) Searchable format.--The commission shall ensure 
                that all information posted and maintained on the site 
                under this paragraph, including information and 
                proposed maps submitted by the public, shall be 
                maintained in an easily searchable format.
                    (C) Deadline.--The commission shall ensure that the 
                public internet site under this paragraph is 
                operational (in at least a preliminary format) not 
                later than January 1 of the year ending in the numeral 
                one.
            (3) Public comment period.--The commission 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 on approving 
                the final redistricting plan for enactment into law 
                under subsection (d)(2).
            (4) Meetings and hearings in various geographic 
        locations.--To the greatest extent practicable, the commission 
        shall hold its meetings and hearings in various geographic 
        regions and locations throughout the State.
            (5) Multiple language requirements for all notices.--The 
        commission shall make each notice which is required to be 
        posted and published under this section 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.
    (c) Development and Publication of Preliminary Redistricting 
Plan.--
            (1) In general.--Prior to developing and publishing a final 
        redistricting plan under subsection (d), the independent 
        redistricting commission of a State shall develop and publish a 
        preliminary redistricting plan.
            (2) Minimum public hearings and opportunity for comment 
        prior to development.--
                    (A) 3 hearings required.--Prior to developing 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.
                    (B) Minimum period for notice prior to hearings.--
                Not fewer than 14 days prior to the date of each 
                hearing held under this paragraph, the commission shall 
                post notices of the hearing in on the website 
                maintained under subsection (b)(2), and shall provide 
                for the publication of such notices in newspapers of 
                general circulation throughout the State. Each such 
                notice shall specify the date, time, and location of 
                the hearing.
                    (C) Submission of plans and maps by members of the 
                public.--Any member of the public may submit maps or 
                portions of maps for consideration by the commission. 
                As provided under subsection (b)(2)(A), any such map 
                shall be made publicly available on the commission's 
                website and open to comment.
            (3) Publication of preliminary plan.--
                    (A) In general.--The commission shall post the 
                preliminary redistricting plan developed under this 
                subsection, together with a report that includes the 
                commission's responses to any public comments received 
                under subsection (b)(3), on the website maintained 
                under subsection (b)(2), and shall provide for the 
                publication of each such plan in newspapers of general 
                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 public through the website maintained 
                under subsection (b)(2), as well as through publication 
                of notice in newspapers of general circulation 
                throughout the State, of the pending publication of the 
                plan.
            (4) Minimum post-publication period for public comment.--
        The commission shall accept and consider comments from the 
        public (including through the website maintained under 
        subsection (b)(2)) with respect to the preliminary 
        redistricting plan published under paragraph (3), including 
        proposed revisions to maps, for not fewer than 30 days after 
        the date on which the plan is published.
            (5) Post-publication hearings.--
                    (A) 3 hearings required.--After posting and 
                publishing the preliminary redistricting plan under 
                paragraph (3), the commission shall hold not fewer than 
                3 public hearings in different geographic areas of the 
                State at which members of the public may provide input 
                and comments regarding the preliminary plan.
                    (B) Minimum period for notice prior to hearings.--
                Not fewer than 14 days prior to the date of each 
                hearing held under this paragraph, the commission shall 
                post notices of the hearing in on the website 
                maintained under subsection (b)(2), and shall provide 
                for the publication of such notices in newspapers of 
                general circulation throughout the State. Each such 
                notice shall specify the date, time, and location of 
                the hearing.
            (6) Permitting multiple preliminary plans.--At the option 
        of the commission, after developing and publishing the 
        preliminary redistricting plan under this subsection, the 
        commission may develop and publish subsequent preliminary 
        redistricting plans, so long as the process for the development 
        and publication of each such subsequent plan meets the 
        requirements set forth in this subsection for the development 
        and publication of the first preliminary redistricting plan.
    (d) Process for Enactment of Final Redistricting Plan.--
            (1) In general.--After taking into consideration comments 
        from the public on any preliminary redistricting plan developed 
        and published under subsection (c), the independent 
        redistricting commission of a State shall develop and publish a 
        final redistricting plan for the State.
            (2) Meeting; final vote.--Not later than the deadline 
        specified in subsection (h), the commission shall hold a public 
        hearing at which the members of the commission shall vote on 
        approving the final plan for enactment into law.
            (3) Publication of plan and accompanying materials.--Not 
        fewer than 14 days before the date of the meeting under 
        paragraph (2), the commission 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 accompany 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 received on any preliminary 
                redistricting plan developed 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
                    (B) at least one member of the commission appointed 
                from each of the categories of the approved selection 
                pool described in section 312(b)(1) approves the plan.
    (e) Written Evaluation of Plan Against External Metrics.--The 
independent redistricting commission shall include with each 
redistricting plan developed and published under this section a written 
evaluation that measures each such plan against external metrics which 
cover the criteria set forth in paragraph (1) of subsection (a), 
including the impact of the plan on the ability of communities of color 
to elect candidates of choice, measures of partisan fairness using 
multiple accepted methodologies, and the degree to which the plan 
preserves or divides communities of interest.
    (f) Timing.--The independent redistricting commission of a State 
may begin its work on the redistricting plan of the State upon receipt 
of relevant population information from the Bureau of the Census, and 
shall approve a final redistricting plan for the State in each year 
ending in the numeral one not later than 8 months after the date on 
which the State receives the State apportionment notice or October 1, 
whichever occurs later.

SEC. 314. ESTABLISHMENT OF RELATED ENTITIES.

    (a) Establishment or Designation of Nonpartisan 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 311.
            (2) Nonpartisanship described.--For purposes of this 
        subsection, an agency shall be considered 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.
            (3) Training of members appointed to commission.--Not later 
        than January 15 of a year ending in the numeral one, the 
        nonpartisan agency established or designated under this 
        subsection shall provide the members of the independent 
        redistricting commission with initial training on their 
        obligations as members of the commission, including obligations 
        under the Voting Rights Act of 1965 and other applicable laws.
            (4) Regulations.--The nonpartisan agency established or 
        designated under this subsection shall adopt and publish 
        regulations, after notice and opportunity for comment, 
        establishing the procedures that the agency will follow in 
        fulfilling its duties under this Act, including the procedures 
        to be used in vetting the qualifications and political 
        affiliation of applicants and in creating the selection pools, 
        the randomized process to be used in selecting the initial 
        members of the independent redistricting commission, and the 
        rules that the agency will apply to ensure that the agency 
        carries out its duties under this Act in a maximally 
        transparent, publicly accessible, and impartial manner.
            (5) 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 commission plan for the State under this Act, so 
        long as the agency meets the requirements for nonpartisanship 
        under this subsection.
            (6) Termination of agency specifically established for 
        redistricting.--If a State does not designate an existing 
        agency under paragraph (5) 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.
            (7) Preservation of records.--The State shall ensure that 
        the records of the nonpartisan agency 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 congressional redistricting in the State.
            (8) Deadline.--The State shall meet the requirements of 
        this subsection not later than each October 15 of a year ending 
        in the numeral nine.
    (b) Establishment of Select Committee on Redistricting.--
            (1) In general.--Each State shall appoint a Select 
        Committee on Redistricting to approve or disapprove a selection 
        pool developed by the independent redistricting commission for 
        the State under section 312.
            (2) Appointment.--The Select Committee on Redistricting for 
        a State under this subsection shall consist of the following 
        members:
                    (A) One 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) One 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) One 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) One 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 unicameral legislature.--
        In the case of a State with a unicameral legislature, the 
        Select Committee on Redistricting for the State under this 
        subsection shall consist of the following members:
                    (A) Two members of the State legislature appointed 
                by the chair of the political party of the State whose 
                candidate received the highest percentage of votes in 
                the most recent statewide election for Federal office 
                held in the State.
                    (B) Two members of the State legislature appointed 
                by the chair of the political party whose candidate 
                received the second highest percentage of votes in the 
                most recent statewide election for Federal office held 
                in the State.
            (4) Deadline.--The State shall meet the requirements of 
        this subsection not later than each January 15 of a year ending 
        in the numeral zero.

SEC. 315. REPORT ON DIVERSITY OF MEMBERSHIPS OF INDEPENDENT 
              REDISTRICTING COMMISSIONS.

    Not later than May 15 of a year ending in the numeral one, the 
Comptroller General of the United States shall submit to Congress a 
report on the extent to which the memberships of independent 
redistricting commissions for States established under this subtitle 
with respect to the immediately preceding year ending in the numeral 
zero meet the diversity requirements as provided for in sections 
311(a)(2)(B) and 312(b)(2).

    Subtitle C--Role of Courts in Development of Redistricting Plans

SEC. 321. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE COURT.

    (a) Development of Plan.--If any of the triggering events described 
in subsection (f) occur with respect 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 applicable venue, acting through a 3-judge Court convened 
        pursuant to section 2284 of title 28, United States Code, shall 
        develop and publish the congressional redistricting plan for 
        the State; and
            (2) the final plan developed and published by the Court 
        under this section shall be deemed to be enacted on the date on 
        which the Court publishes the final plan, as described in 
        subsection (d).
    (b) Applicable Venue Described.--For purposes of this section, the 
``applicable venue'' with respect to a State is the District of 
Columbia or the judicial district in which the capital of the State is 
located, as selected by the first party to file with the court 
sufficient evidence of the occurrence of a triggering event described 
in subsection (f).
    (c) Procedures for Development of Plan.--
            (1) Criteria.--In developing a redistricting plan for a 
        State under this section, the Court shall adhere to the same 
        terms and conditions that applied (or that would have applied, 
        as the case may be) to the development of a plan by the 
        independent redistricting commission of the State under section 
        313(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 redistricting 
        commission of the State in carrying out its duties under this 
        Act.
            (3) Hearing; public participation.--In developing a 
        redistricting plan for a State, the Court shall--
                    (A) hold one or more evidentiary hearings at which 
                interested members of the public may appear and be 
                heard and present testimony, including expert 
                testimony, in accordance with the rules of the Court; 
                and
                    (B) consider other submissions and comments by the 
                public, including proposals for redistricting plans to 
                cover the entire State or any portion of the State.
            (4) Use of special master.--To assist in the development 
        and publication of a redistricting plan for a State under this 
        section, the Court may appoint a special master to make 
        recommendations to the Court on possible plans for the State.
    (d) Publication of Plan.--
            (1) Public availability of initial plan.--Upon completing 
        the development of one or more initial redistricting plans, the 
        Court shall make the plans available to the public at no cost, 
        and shall also make available the underlying data used by the 
        Court to develop the plans and a written evaluation of the 
        plans against external metrics (as described in section 
        313(e)).
            (2) Publication of final plan.--At any time after the 
        expiration of the 14-day period which begins on the date the 
        Court makes the plans available to the public under paragraph 
        (1), and taking into consideration any submissions and comments 
        by the public which are received during such period, the Court 
        shall develop and publish the final redistricting plan for the 
        State.
    (e) Use of Interim Plan.--In the event that the Court is not able 
to develop and publish a final redistricting plan for the State with 
sufficient time for an upcoming election to proceed, the Court may 
develop and publish an interim redistricting plan which shall serve as 
the redistricting plan for the State until the Court develops and 
publishes a final plan in accordance with this section. Nothing in this 
subsection may be construed to limit or otherwise affect the authority 
or discretion of the Court to develop and publish the final 
redistricting plan, including but not limited to the discretion to make 
any changes the Court deems necessary to an interim redistricting plan.
    (f) Triggering Events Described.--The ``triggering events'' 
described in this subsection are as follows:
            (1) The failure of the State to establish or designate a 
        nonpartisan agency of the State legislature under section 
        314(a) prior to the expiration of the deadline set forth in 
        section 314(a)(8).
            (2) The failure of the State to appoint a Select Committee 
        on Redistricting under section 314(b) prior to the expiration 
        of the deadline set forth in section 314(b)(4).
            (3) The failure of the Select Committee on Redistricting to 
        approve any selection pool under section 312 prior to the 
        expiration of the deadline set forth for the approval of the 
        second replacement selection pool in section 312(d)(2).
            (4) The failure of the independent redistricting commission 
        of the State to approve a final redistricting plan for the 
        State prior to the expiration of the deadline set forth in 
        section 313(f).

SEC. 322. SPECIAL RULE FOR REDISTRICTING CONDUCTED UNDER ORDER OF 
              FEDERAL COURT.

    If a Federal court requires a State to conduct redistricting 
subsequent to an apportionment of Representatives in the State in order 
to comply with the Constitution or to enforce the Voting Rights Act of 
1965, section 313 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 appropriate in order 
to provide for a timely enactment of a new redistricting plan for the 
State.

        Subtitle D--Administrative and Miscellaneous Provisions

SEC. 331. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING.

    (a) Authorization of Payments.--Subject to subsections (c) and (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.
    (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 implement the State redistricting plan, and to otherwise 
carry out congressional redistricting in the State.
    (c) No Payment to States Electing Members at Large.--The Election 
Assistance Commission shall not make a payment under this section to 
any State which, under the apportionment notice, will elect all of its 
Representatives at large.
    (d) Requiring Submission of Selection Pool as Condition of 
Payment.--
            (1) Requirement.--Except as provided in paragraph (2) and 
        paragraph (3), the Election Assistance Commission may not make 
        a payment to a State under this section until the State 
        certifies to the Commission that 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).
            (2) Exception for states with existing commissions.--In the 
        case of a State which, pursuant to section 301(c), is exempt 
        from the requirements of section 301(a), the Commission may not 
        make a payment to the State under this section until the State 
        certifies to the Commission that its redistricting commission 
        meets the requirements of section 301(c).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for payments under this 
section.

SEC. 332. CIVIL ENFORCEMENT.

    (a) Civil Enforcement.--
            (1) Actions by attorney general.--The Attorney General may 
        bring a civil action in an appropriate district court for such 
        relief as may be appropriate to carry out this Act.
            (2) Availability of private right of action.--Any citizen 
        of a State who is aggrieved by the failure of the State to meet 
        the requirements of this Act may bring a civil action in the 
        United States district court for the applicable venue for such 
        relief as may be appropriate to remedy the failure. For 
        purposes of this section, the ``applicable venue'' is the 
        District of Columbia or the judicial district in which the 
        capital of the State is located, as selected by the person who 
        brings the civil action.
    (b) Expedited Consideration.--In any action brought forth under 
this section, the following rules shall apply:
            (1) The action shall be filed in the district court of the 
        United States for the District of Columbia or for the judicial 
        district in which the capital of the State is located, as 
        selected by the person bringing the action.
            (2) The action shall be heard by a 3-judge court convened 
        pursuant to section 2284 of title 28, United States Code.
            (3) The 3-judge court shall consolidate actions brought for 
        relief under subsection (b)(1) with respect to the same State 
        redistricting plan.
            (4) A copy of the complaint shall be delivered promptly to 
        the Clerk of the House of Representatives and the Secretary of 
        the Senate.
            (5) A final decision in the action shall be reviewable only 
        by appeal directly to the Supreme Court of the United States. 
        Such appeal shall be taken by the filing of a notice of appeal 
        within 10 days, and the filing of a jurisdictional statement 
        within 30 days, of the entry of the final decision.
            (6) It shall be the duty of the district court and the 
        Supreme Court of the United States to advance on the docket and 
        to expedite to the greatest possible extent the disposition of 
        the action and appeal.
    (c) Attorney's Fees.--In a civil action under this section, the 
court may allow the prevailing party (other than the United States) 
reasonable attorney fees, including litigation expenses, and costs.
    (d) Relation to Other Laws.--
            (1) Rights and remedies additional to other rights and 
        remedies.--The rights and remedies established by this section 
        are in addition to all other rights and remedies provided by 
        law, and neither the rights and remedies established by this 
        section nor any other provision of this Act shall supersede, 
        restrict, or limit the application of the Voting Rights Act of 
        1965 (52 U.S.C. 10301 et seq.).
            (2) Voting rights act of 1965.--Nothing in this Act 
        authorizes or requires conduct that is prohibited by the Voting 
        Rights Act of 1965 (52 U.S.C. 10301 et seq.).

SEC. 333. 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 fifteenth and subsequent decennial censuses and 
to provide for an apportionment of Representatives in Congress'', 
approved June 18, 1929 (2 U.S.C. 2a(b)), of the number of 
Representatives to which the State is entitled.

SEC. 334. SPECIAL RULES FOR REDISTRICTING PURSUANT TO 2020 DECENNIAL 
              CENSUS.

    Notwithstanding any other provision of this Act, in the case of 
congressional redistricting conducted by a State pursuant to the 2020 
decennial census, the following shall apply:
            (1) The independent redistricting commission of the State 
        shall enact the congressional redistricting plan for the State 
        not later than January 15, 2022.
            (2) The State may waive or modify any of the deadlines 
        described in subtitle B if the State determines that waiving or 
        modifying the deadline is appropriate to ensure that the State 
        meets the deadline described in paragraph (1).
            (3) None of triggering events described in subsection (f) 
        of section 321 (relating to the authority of a United States 
        district court to develop and publish the plan) shall apply.
            (4) The failure of the State to enact the plan by the 
        deadline described in paragraph (1) shall be treated as a 
        triggering event under subsection (f) of section 321, and the 
        United States district court for the applicable venue shall 
        develop and publish the congressional redistricting plan for 
        the State in accordance with such section.

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.

    Nothing in this Act or in any amendment made by this Act 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. 402. SEVERABILITY.

    If any provision of this Act or any amendment made by this Act, or 
the application of a provision of this Act or an amendment made by this 
Act to any person or circumstance, is held to be unconstitutional, the 
remainder of this Act, and the application of the provisions to any 
person or circumstance, shall not be affected by the holding.

SEC. 403. EFFECTIVE DATE.

    (a) Redistricting.--Title III and the amendments made by such title 
shall apply with respect to redistricting carried out pursuant to the 
decennial census conducted during 2020 or any succeeding decennial 
census.
    (b) Ranked Choice Voting; Use of Multi-Member Districts.--Titles I 
and II and the amendments made by such titles shall apply with respect 
to elections for Federal office held in 2022 and each succeeding year.
                                 <all>