Title: Fair Representation Act
Policy area: Congress

Summary:
Fair Representation Act
This bill requires (1) that ranked choice voting (a system in which voters rank candidates in order of preference) be used for all elections for 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 is not enacted, a three-judge panel of the U.S. District Court for the District of Columbia.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3057 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 3057

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2017

  Mr. Beyer (for himself, Mr. Raskin, and Mr. Khanna) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committee on House Administration, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
     To establish the use of ranked choice voting in elections for 
 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 
                            Representatives.
                   ``Subtitle C--Ranked Choice Voting

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

        ``Sec. 321. Requiring ranked choice voting for election of 
                            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. Treatment of ties between candidates.
     ``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. Effective date.
        TITLE III--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING

                    Subtitle A--General Requirements

Sec. 301. Limit on Congressional redistricting after an apportionment.
Sec. 302. Requiring Congressional redistricting to be conducted through 
                            plan of independent State commission.
           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.
    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.
                      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 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 Members of the House of 
        Representatives; and
            (2) the authority granted to Congress under section 5 of 
        the fourteenth 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 
              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 
                            REPRESENTATIVES

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

    ``(a) Ranked Choice Voting.--Each State shall carry out elections 
for the office of Representative in Congress, including primary, 
special, and runoff elections for such office, 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 this 
title.
    ``(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 6.
            ``(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.

``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 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 a 
        single-seat election, the number of votes received by a 
        candidate shall be equal to the sum of--
                    ``(A) the number of ballots cast in the election on 
                which the candidate was the highest-ranked candidate; 
                and
                    ``(B) the number of votes transferred to the 
                candidate under subsection (b)(2).
            ``(2) Criteria for election.--In the case of a single-seat 
        election, a candidate shall be elected to the office of 
        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) 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 in a single-seat election, 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 2 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 paragraph (3), 
                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).
            ``(3) Permitting state to use batch elimination to 
        determine multiple defeated candidates.--At the option of the 
        State, with respect to any additional round of tabulation 
        carried out under this subsection, a State may use batch 
        elimination to treat multiple candidates as defeated candidates 
        for purposes of paragraph (2) if such candidates may be placed 
        in a batch elimination group described as follows:
                    ``(A) If a candidate is in the group, the group 
                includes each candidate who has received a total number 
                of votes which is less than or equal to the total 
                number of votes received by the candidate.
                    ``(B) The total number of votes received by all 
                candidates in the group is less than the number of 
                votes received by any candidate who is not in the 
                group.
                    ``(C) At least 2 candidates are not in the group.
    ``(c) Definitions.--In this section--
            ``(1) the term `continuing candidate' means, with respect 
        to an additional round of tabulation conducted under subsection 
        (b), a candidate who is not treated as a defeated candidate 
        during the tabulation of ballots under this section; and
            ``(2) the term `single-seat election' means--
                    ``(A) a general election in which one 
                Representative shall be elected; or
                    ``(B) a primary election in which one candidate 
                shall advance to the general election.

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

    ``(a) In General.--
            ``(1) Determination of candidate's number of votes.--In the 
        case of a multi-seat election, the number of votes received by 
        a candidate shall be equal to the sum of--
                    ``(A) the number of ballots cast in the election on 
                which the candidate was the highest-ranked candidate, 
                based on the initial tabulation of ballots; and
                    ``(B) the number of votes transferred and added 
                with respect to the candidate under subsection (b).
            ``(2) Criteria for election.--In the case of a multi-seat 
        election, a candidate shall be considered to be 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 the State 
        involved) if--
                    ``(A) the candidate receives a number of votes 
                greater than the multi-seat election threshold, as 
                determined under this section; or
                    ``(B) the candidate is a continuing candidate and 
                the total number of winning and continuing candidates 
                is equal to or less than the required number of winning 
                candidates with respect to the election.
    ``(b) Process in Case of Insufficient Number of Winning 
Candidates.--
            ``(1) Additional rounds of tabulation.--
                    ``(A) In general.--If under the initial tabulation 
                of ballots in a multi-seat election, the number of 
                winning candidates is less than the required number of 
                winning candidates with respect to the election and 
                there is at least one continuing candidate, the 
                election official shall carry out additional rounds of 
                tabulation in accordance with this subsection until the 
                number of winning candidates is equal to such required 
                number of winning candidates.
                    ``(B) Additional rounds described.--The additional 
                rounds of tabulation under this subsection are as 
                follows:
                            ``(i) Surplus vote tabulation rounds under 
                        which surplus votes cast for winning candidates 
                        are transferred to other candidates, as 
                        described in paragraph (2).
                            ``(ii) Candidate elimination rounds under 
                        which votes cast for defeated candidates are 
                        transferred to other candidates, as described 
                        in paragraph (3).
            ``(2) Surplus vote tabulation rounds.--
                    ``(A) Transfer of percentage of winning candidate's 
                votes to next-highest ranked candidate.--Under a 
                surplus vote tabulation round carried out under this 
                paragraph, the election official shall transfer to, and 
                add to the total number of votes received by, each 
                continuing candidate a number of votes equal to the 
                product of--
                            ``(i) the surplus vote allocation 
                        percentage for the winning candidate who has 
                        received the greatest number of votes as of the 
                        beginning of the surplus vote tabulation round 
                        (as determined under subparagraph (B)), 
                        excluding any candidate from whom surplus votes 
                        have been transferred in any previous surplus 
                        vote tabulation round under this paragraph; and
                            ``(ii) the number of ballots cast for such 
                        winning candidate on which such continuing 
                        candidate was the highest-ranked continuing 
                        candidate, as determined by the election 
                        official.
                    ``(B) Determination of number of votes received by 
                candidate as of beginning of round.--For purposes of 
                clause (i) of subparagraph (A), the number of votes 
                received by a candidate as of the beginning of a 
                surplus vote tabulation round under this paragraph 
                shall be determined by taking into account--
                            ``(i) the transfer of surplus votes to the 
                        candidate in a previous surplus tabulation 
                        round under this paragraph (if any), and
                            ``(ii) the transfer of votes to the 
                        candidate in a candidate elimination round 
                        carried out under paragraph (3) (if any).
                    ``(C) One-time transfer.--After transferring votes 
                cast with respect to a winning candidate during a 
                surplus vote tabulation round under this paragraph, the 
                election official may not make any subsequent transfer 
                of any of such candidate's votes during any subsequent 
                surplus vote tabulation round under this paragraph.
                    ``(D) Surplus vote allocation percentage defined.--
                In this paragraph, the term `surplus vote percentage' 
                means, with respect to a winning candidate, an amount 
                (expressed as a percentage) equal to--
                            ``(i) the difference between the total 
                        number of votes received by the candidate, as 
                        determined under subsection (a)(1), and the 
                        multi-seat election threshold; divided by
                            ``(ii) the total number of votes received 
                        by the candidate, as determined under 
                        subsection (a)(1),
                rounded to 4 decimal places.
            ``(3) Candidate elimination rounds.--
                    ``(A) Transfer of votes cast for eliminated 
                candidates.--Subject to subparagraph (C), the election 
                official shall carry out candidate elimination rounds 
                under this paragraph as follows:
                            ``(i) The candidate receiving the fewest 
                        number of votes among all candidates as of the 
                        beginning of the round, after taking into 
                        account the transfer of surplus votes in any 
                        surplus vote tabulation round carried out under 
                        paragraph (2) and the transfer of votes cast 
                        for defeated candidates under any previous 
                        candidate elimination round carried out under 
                        this paragraph (or, in the case of a State 
                        which applies batch elimination under 
                        subparagraph (B), each candidate in the batch 
                        elimination group), shall be treated as a 
                        defeated candidate.
                            ``(ii) 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.
                            ``(iii) 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 clause 
                        (ii).
                    ``(B) Permitting state to use batch elimination to 
                determine multiple defeated candidates.--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 subparagraph (A) if 
                such candidates may be placed in a batch elimination 
                group described as follows:
                            ``(i) If a candidate is in the group, the 
                        group includes each continuing candidate who 
                        has received a total number of votes (after 
                        taking into account the transfer of surplus 
                        votes in any surplus vote tabulation round 
                        carried out under paragraph (2) and the 
                        transfer of votes cast for defeated candidates 
                        under any previous candidate elimination round 
                        carried out under this paragraph) which is less 
                        than or equal to the total number of votes 
                        received by the candidate (after taking into 
                        account such transfer).
                            ``(ii) The total number of votes received 
                        by all candidates in the group (after taking 
                        into account such transfers of votes) is less 
                        than the number of votes received by any other 
                        continuing candidate (after taking into account 
                        such transfer).
                            ``(iii) The total number of votes received 
                        by all candidates in the group (after taking 
                        into account such transfers of votes) is less 
                        than the multi-seat election threshold.
                            ``(iv) The number of continuing candidates 
                        who are not in the group is equal to or greater 
                        than the difference between the number of 
                        candidates who have been elected to office 
                        under the criteria described in subsection 
                        (a)(2) and the number of Representatives to be 
                        elected from the district.
                    ``(C) Candidate elimination round permitted only if 
                no surplus vote tabulation round possible.--The 
                election official may not carry out a candidate 
                elimination round under this paragraph unless, as of 
                the beginning of the candidate elimination round, there 
                are no winning candidates from whom surplus votes may 
                be transferred under a surplus vote tabulation round 
                under paragraph (2).
    ``(c) Other Definitions.--In this section--
            ``(1) the term `continuing candidate' means, with respect 
        to an additional round of tabulation conducted under subsection 
        (b), 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 this section;
            ``(2) the `required number of winning candidates' with 
        respect to an election means--
                    ``(A) in the case of a general election, the number 
                of Representatives to be elected in the Congressional 
                district involved, or
                    ``(B) in the case of a primary election, the number 
                of candidates required to advance to the general 
                election for the offices of Representatives as provided 
                under the law of the State involved;
            ``(3) the term `multi-seat election' means--
                    ``(A) a general election in which more than one 
                Representative shall be elected, or
                    ``(B) a primary election in which more than one 
                candidate shall advance to the general election 
                (without regard to the number of Representatives who 
                shall be elected in that general election);
            ``(4) the term `multi-seat election threshold' means, with 
        respect to an election, an amount equal to--
                    ``(A) the number of ballots cast in the election; 
                divided by
                    ``(B) the sum of one plus the required number of 
                winning candidates required with respect to the 
                election,
        rounded up to 4 decimal places; and
            ``(5) the term `winning candidate' means a candidate who 
        was elected to office (or, in the case of a primary election, 
        who advanced to the general election for such office as 
        provided under the law of the State involved) under the 
        criteria described in subsection (a)(2) at any time during the 
        tabulation of ballots under this section.

``SEC. 333. EXCLUSION OF INACTIVE BALLOTS.

    ``(a) Initial Tabulation.--In the initial tabulation of ballots 
under section 331 or section 332, a ballot shall be treated as an 
inactive ballot, and no vote on the ballot shall be counted for any 
candidate, if--
            ``(1) the voter does not rank any candidates on the ballot 
        in order of preference;
            ``(2) the voter ranks more than one candidate at the 
        highest order of preference; or
            ``(3) the voter skips two consecutive numerical rankings 
        prior to the numerical ranking for the candidate the voter 
        ranks at the highest order of preference.
    ``(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).
            ``(3) Inactive ballot defined.--In this subsection, the 
        term `inactive ballot' means, with respect to an additional 
        round of tabulation under section 331 or section 332--
                    ``(A) a ballot on which the voter does not rank any 
                of the continuing candidates in order of preference;
                    ``(B) a ballot on which the voter ranked more than 
                one continuing candidate at the highest order of 
                preference; or
                    ``(C) 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. TREATMENT OF TIES BETWEEN CANDIDATES.

    ``(a) Establishment of Random Selection Algorithm.--For each 
election for Representative in Congress, the appropriate election 
official shall establish and publish a random selection algorithm prior 
to the tabulation of ballots under section 331 and section 332.
    ``(b) Designation of Winning Candidate.--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 section 331 or 
section 332 and the tabulation cannot proceed until the tie is 
resolved, the candidate whose name is selected pursuant to the random 
selection algorithm established for that round under subsection (a) 
shall be considered to have the greatest number of votes among such 
candidates.

     ``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 
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 effect 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 
                            Representatives

``Sec. 321. Requiring ranked choice voting for election of 
                            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 exhausted ballots.
``Sec. 334. Treatment of ties between candidates.
     ``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 elections 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))--
            (1) 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
            (2) the State may not elect any of its Representatives at 
        large.
    (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 3 or greater than 5.

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

    If a State is entitled to 5 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 identification and number of candidates 
        who will advance to the general election for such office is 
        based on the candidates' political party preferences (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 in the election who 
        advance to the general election for the office with a 
        particular political party preference 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 candidates of that political party to advance to 
        the general election as the party considers appropriate, so 
        long as the number is not less than 2.
            (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 Nominating Primaries.--
            (1) Number of candidates.--If a State uses a nonpartisan 
        nominating 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) 5;
                    (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 nominating primary election defined.--In 
        this subsection, a ``nonpartisan nominating primary election'' 
        is a primary election for the office of Representative 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 Elections.--This section does not 
apply 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 Revised Statutes of the United States (2 U.S.C. 7) for 
the regularly scheduled general election for such offices.

SEC. 204. CONFORMING AMENDMENTS.

    The following provisions of law are hereby repealed:
            (1) 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)).
            (2) 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).
            (3) 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).

SEC. 205. EFFECTIVE DATE.

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

        TITLE III--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING

                    Subtitle A--General Requirements

SEC. 301. 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.

SEC. 302. REQUIRING CONGRESSIONAL REDISTRICTING TO BE CONDUCTED THROUGH 
              PLAN OF INDEPENDENT STATE COMMISSION.

    Notwithstanding any other provision of law, 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 of the United States District Court for the 
        District of Columbia, in accordance with section 301.

           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 12 members appointed by the agency as follows:
                    (A) The agency shall appoint 4 members on a random 
                basis from the majority category of the approved 
                selection pool (as described in section 312(b)(1)(A)).
                    (B) The agency shall appoint 4 members on a random 
                basis from the minority category of the approved 
                selection pool (as described in section 312(b)(1)(B)).
                    (C) The agency shall appoint 4 members on a random 
                basis from the independent category of the approved 
                selection pool (as described in section 312(b)(1)(C)).
            (2) Appointment of alternates to serve in case of 
        vacancies.--At the time the agency appoints the members of the 
        independent redistricting commission under paragraph (1) from 
        each of the categories referred to in such paragraph, 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 (3).
            (3) Vacancy.--If a vacancy occurs in the commission with 
        respect to a member who was appointed from one of the 
        categories referred to in paragraph (1), the nonpartisan agency 
        shall fill the vacancy by appointing, on a random basis, one of 
        the 2 alternates from such category who was designated under 
        paragraph (2). 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 
        paragraph (2).
    (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.--The independent redistricting commission of a 
        State may appoint and set the pay of such 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) 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 (including donations 
        to candidates, political committees, and political parties) as 
        a condition of the appointment or the contract.
    (d) Termination.--
            (1) In general.--The independent redistricting commission 
        of a State shall terminate on the earlier of--
                    (A) June 14 of the following 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 containing the 
                following information and assurances:
                            (i) A statement of the political party with 
                        which the individual is affiliated, if any.
                            (ii) An assurance that the individual shall 
                        commit to carrying out the individual's duties 
                        under this title in an honest, independent, and 
                        impartial fashion, and to upholding public 
                        confidence in the integrity of the 
                        redistricting process.
                            (iii) 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.
                    (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 legislature of the 
                State, or a donor to the campaign of any candidate for 
                public office (other than a donor who, during any of 
                such covered periods, gives an aggregate amount of 
                $20,000 or less to the campaigns of all candidates for 
                all public offices).
            (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 5-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 5-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 
        title, consisting of individuals in the following categories:
                    (A) A majority category, consisting of 12 
                individuals who are affiliated with the political party 
                with the largest percentage of the registered voters in 
                the State who are affiliated with a political party (as 
                determined with respect to the most recent Statewide 
                election for Federal office held in the State for which 
                such information is available).
                    (B) A minority category, consisting of 12 
                individuals who are affiliated with the political party 
                with the second largest percentage of the registered 
                voters in the State who are affiliated with a political 
                party (as so determined).
                    (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) to the maximum extent practicable, ensure that 
                the pool reflects the representative demographic groups 
                (including races, ethnicities, and genders) and 
                geographic regions of the State; 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) 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 on the basis of the information the individual 
        provides in the application submitted under subsection 
        (a)(1)(D).
            (4) Encouraging residents to apply for inclusion in pool.--
        The nonpartisan agency shall take such steps as may be 
        necessary to ensure that residents of the State across various 
        geographic 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.
            (5) 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 a report describing the process by which the pool was 
        developed, and shall include in the report a description of how 
        the individuals in the pool meet the eligibility criteria of 
        subsection (a) and of how the pool reflects the factors the 
        agency is required to take into consideration under paragraph 
        (2).
            (6) Action by select committee.--
                    (A) In general.--Not later than 14 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 
        (5) 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 14 days after 
                receiving the replacement selection pool from the 
                nonpartisan agency under paragraph (1), the Select 
                Committee on Redistricting shall--
                            (i) approve the pool as submitted by the 
                        nonpartisan agency, in which case the pool 
                        shall be considered the approved 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 (5) 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 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, in which case--
                                    (I) the nonpartisan agency shall 
                                not develop or submit any other 
                                selection pool for purposes of this 
                                title; and
                                    (II) the United States District 
                                Court for the District of Columbia 
                                shall develop and enact the 
                                redistricting plan for the State, in 
                                accordance with section 301.
                    (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.

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 201(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) To the extent practicable, districts shall be 
                contiguous (except to the extent necessary to include 
                any area which is surrounded by a body of water).
                    (B) Districts shall be established in a manner 
                consistent with the Voting Rights Act of 1965 (52 
                U.S.C. 10301 et seq.) and other Federal law.
                    (C) 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.
                    (D) To the greatest extent practicable the State 
                shall minimize the number of districts electing 4 
                Representatives.
                    (E) To the greatest extent practicable the State 
                shall maximize the number of districts electing 5 
                Representatives.
                    (F) To the extent practicable, district boundaries 
                shall minimize the division of any community of 
                interest, municipality, county, or neighborhood. For 
                purposes of this subparagraph, a community of interest 
                is a contiguous population which shares common social 
                or economic interests that should be included within a 
                single district for purposes of its effective and fair 
                representation. Examples of such shared interests are 
                those common to an urban area, a rural area, an 
                industrial area, or an agricultural area, and those 
                common to areas in which the people share similar 
                living standards, use the same transportation 
                facilities, have similar work opportunities, or have 
                access to the same media of communication relevant to 
                the election process. Communities of interest shall not 
                include relationships with political parties, incumbent 
                officeholders, or political candidates.
                    (G) To the extent practicable, districts shall be 
                geographically compact such that nearby areas of 
                population are not bypassed for more distant areas of 
                population.
                    (H) To the extent practicable, the boundaries of 
                districts shall follow visible geographic features.
            (2) 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 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.--The commission shall maintain a public 
        Internet site which is not affiliated with or maintained by the 
        office of any elected official and which includes the following 
        features:
                    (A) General information on the commission and its 
                members, including contact information.
                    (B) An updated schedule of commission hearings and 
                activities, including deadlines for the submission of 
                comments.
                    (C) All draft redistricting plans developed by the 
                commission under subsection (c) and the final 
                redistricting plan developed under subsection (d).
                    (D) Live streaming of commission hearings and an 
                archive of previous meetings and other commission 
                records.
                    (E) A method by which members of the public may 
                submit comments directly to the commission.
                    (F) Access to the demographic data used by the 
                commission to develop the proposed redistricting plans, 
                together with any software used to draw maps of 
                proposed districts.
            (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.
    (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 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.--
                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 date, time, 
                and location of each of the hearings held under this 
                paragraph not fewer than 14 days prior to the date of 
                the hearing.
            (3) Publication of preliminary plan.--
                    (A) In general.--The commission shall post the 
                preliminary redistricting plan 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 period for public comment after publication of 
        plan.--The commission shall accept and consider comments from 
        the public with respect to the preliminary redistricting plan 
        published under paragraph (3) for not fewer than 30 days after 
        the date on which the plan is published.
            (5) Post-publication hearings.--
                    (A) 3 hearings required.--After posting and 
                publishing the preliminary redistricting plan under 
                paragraph (3), the commission shall hold not fewer than 
                3 public hearings at which members of the public may 
                provide input and comments regarding the preliminary 
                plan.
                    (B) Minimum period for notice prior to hearings.--
                The commission shall notify the public through the 
                website maintained under subsection (b)(2), as well as 
                through publication of notice in newspapers of general 
                circulation throughout the State, of the date, time, 
                and location of each of the hearings held under this 
                paragraph not fewer than 14 days prior to the date of 
                the hearing.
            (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 August 15 of each 
        year ending in the numeral one, the commission shall hold a 
        public hearing at which the members of the commission shall 
        vote on 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) Deadline.--The independent redistricting commission of a State 
shall approve a final redistricting plan for the State not later than 
August 15 of each year ending in the numeral one.

SEC. 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) 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 title, 
        so long as the agency meets the requirements for 
        nonpartisanship under this subsection.
            (4) Termination of agency specifically established for 
        redistricting.--If a State does not designate an existing 
        agency under paragraph (3) but instead establishes a new agency 
        to serve as the nonpartisan agency under this section, the new 
        agency shall terminate upon the enactment into law of the 
        redistricting plan for the State.
            (5) Deadline.--The State shall meet the requirements of 
        this subsection not later than each August 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 nonpartisan agency under section 312.
            (2) Appointment.--The Select Committee on Redistricting for 
        a State under this subsection shall consist of the following 
        members:
                    (A) 1 member of the upper house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the greatest number of seats in the 
                upper house.
                    (B) 1 member of the upper house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the second greatest number of seats in 
                the upper house.
                    (C) 1 member of the lower house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the greatest number of seats in the 
                lower house.
                    (D) 1 member of the lower house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the second greatest number of seats in 
                the lower house.
            (3) Special rule for states with 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) 2 members of the State legislature appointed by 
                the leader of the party with the greatest number of 
                seats in the legislature.
                    (B) 2 members of the State legislature appointed by 
                the leader of the party with the second greatest number 
                of seats in legislature.
            (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.

    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 (c) 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 District of Columbia, 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 plan developed and published by the Court under 
        this subsection shall be deemed to be enacted on the date on 
        which the Court publishes the plan.
    (b) Procedures for Development of Plan.--
            (1) Criteria.--It is the sense of Congress that, in 
        developing a redistricting plan for a State under this section, 
        the Court should adhere to the same terms and conditions that 
        applied (or that would have applied, as the case may be) to the 
        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 
        title.
    (c) 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)(5).
            (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(e).

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.--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).
    (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 title.
            (2) Availability of private right of action.--Any citizen 
        of a State who is aggrieved by the failure of the State 
        redistricting plan which is enacted into law under section 313 
        to meet the requirements for such a plan under this title may 
        bring a civil action in an appropriate district court for such 
        relief as may be appropriate to remedy the failure, so long as 
        the individual brings the action during the 45-day period which 
        begins on the date on which the plan is enacted into law.
    (b) Expedited Consideration.--In any action brought forth under 
this section, the following rules shall apply:
            (1) The action shall be filed in the United States District 
        Court for the District of Columbia and shall be heard by a 3-
        judge court convened pursuant to section 2284 of title 28, 
        United States Code.
            (2) The 3-judge court shall consolidate actions brought for 
        relief under subsection (b)(1) with respect to the same State 
        redistricting plan.
            (3) A copy of the complaint shall be delivered promptly to 
        the Clerk of the House of Representatives and the Secretary of 
        the Senate.
            (4) 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.
            (5) 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 title 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 title 
        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.

                      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.
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