Text of Senate Amendment 4779

Quick facts

Record: Senate Floor
Section type: Amendments
Chamber: Senate
Date: March 25, 2026
Congress: 119th Congress
Why this source matters: This section came from the Senate floor portion of the record.

Linked context

People mentioned: Warnock, Raphael G.

Readable version of the official text

SA 4779. Mr. WARNOCK (for himself and Mr. Padilla) submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:

Strike all after the enacting clause and insert the

following:

SECTION 1. SHORT TITLE; STATEMENT OF CONSTITUTIONAL

AUTHORITY; TABLE OF CONTENTS.

(a) Short Title.—This Act may be cited as the

“Redistricting Reform Act of 2026”.

(b) 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 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;

(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;

(3) 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 1 of such

amendment, including protections against excessive partisan

gerrymandering that Federal courts have not enforced because

they understand such enforcement to be committed to Congress

by the Constitution;

(4) of the authority granted to Congress to enforce article

IV, section 4, of the Constitution, and the guarantee of a

Republican Form of Government to every State, which Federal

courts have not enforced because they understand such

enforcement to be committed to Congress by the Constitution;

and

(5) requiring States to use uniform redistricting criteria

is an appropriate and important exercise of such authority.

is as follows:

Sec. 1. Short title; statement of constitutional authority; table of

contents.

TITLE I—REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING

Sec. 101. Requiring congressional redistricting to be conducted through

plan of independent State commission.
Sec. 102. Ban on mid-decade redistricting.
Sec. 103. Criteria for redistricting.

TITLE II—INDEPENDENT REDISTRICTING COMMISSIONS

Sec. 201. Independent redistricting commission. Sec. 202. Establishment of selection pool of individuals eligible to

serve as members of commission. Sec. 203. Public notice and input. Sec. 204. Establishment of related entities. Sec. 205. Report on diversity of memberships of independent

redistricting commissions.

TITLE III—ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS

Sec. 301. Failure by State to enact plan. Sec. 302. Special rule for redistricting conducted under order of

Federal court.

TITLE IV—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

Sec. 401. Payments to States for carrying out redistricting.
Sec. 402. Civil enforcement.
Sec. 403. State apportionment notice defined.
Sec. 404. No effect on elections for State and local office.
Sec. 405. Effective date.

TITLE I—REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING

SEC. 101. 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 title II; 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 301.

(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 the Redistricting Reform Act of 2026”.

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

are required to meet certain criteria in the map drawing

process, including minimizing the division of communities of

interest and a ban on drawing maps to favor a political

party.

(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.

or who are affiliated with political parties other than the

political parties described in subparagraphs (A) and (B).

(d) Treatment of State of Iowa.—Subsection (a) does not

apply to the State of Iowa, so long as congressional

redistricting in such State is carried out in accordance with

a plan developed by the Iowa Legislative Services Agency with

the assistance of a Temporary Redistricting Advisory

Commission, under law which was in effect for the most recent

congressional redistricting carried out in the State prior to

the date of the enactment of this Act and which remains in

effect continuously on and after the date of the enactment of

this Act.

SEC. 102. BAN ON MID-DECADE REDISTRICTING.

(a) Ban.—A State that has been redistricted in accordance

with this Act and a State described in section 101(c) or

section 101(d) may not be redistricted again until after the

next apportionment of Representatives 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), unless a court requires the State to

conduct such subsequent redistricting to comply with the

Constitution of the United States, the Voting Rights Act of

1965 (52 U.S.C. 10301 et seq.), the Constitution of the

State, or the terms or conditions of this Act.

(b) Applicability of Remedies for Noncompliance.—Section

402 applies with respect to a violation of subsection (a) in

the

same manner as such section applies with respect to a

violation of any other provision of this Act, and the

remedies available pursuant to such section may be applied

with respect to a violation of subsection (a).

SEC. 103. CRITERIA FOR REDISTRICTING.

(a) Requiring Plans To Meet Criteria.—A State may not use

a congressional redistricting plan that is not in compliance

with this section.

(b) Ranked Criteria.—Under the redistricting plan of a

State, there shall be established single-member congressional

districts using the following criteria as set forth in the

following order of priority:

(1) Districts shall comply with the United States

Constitution, including the requirement that they

substantially equalize total population.

(2) Districts shall comply with the Voting Rights Act of

1965 (52 U.S.C. 10301 et seq.), including by creating any

districts where, if based upon the totality of the

circumstances, 2 or more politically cohesive groups

protected by such Act are able to elect representatives of

choice in coalition with one another, and all applicable

Federal laws.

(3)(A) Districts shall be drawn, to the extent that the

totality of the circumstances warrant, to ensure the

practical ability of a group protected under the Voting

Rights Act of 1965 (52 U.S.C. 10301 et seq.) to participate

in the political process and to nominate candidates and to

elect representatives of choice is not diluted or diminished,

regardless of whether or not such protected group constitutes

a majority of a district's citizen voting age population.

(B) For purposes of subparagraph (A), the assessment of

whether a protected group has the practical ability to

nominate candidates and to elect representatives of choice

shall require the consideration of the following factors:

(i) Whether the group is politically cohesive.

(ii) Whether there is racially polarized voting in the

relevant geographic region.

(iii) If there is racially polarized voting in the relevant

geographic region, whether the preferred candidates of the

group nevertheless receive a sufficient amount of consistent

crossover support from other voters such that the group is a

functional majority with the ability to both nominate

candidates and elect representatives of choice.

(4)(A) Districts shall be drawn to represent communities of

interest and neighborhoods to the extent practicable after

compliance with the requirements of paragraphs (1) through

(3). A community of interest is defined as an area for which

the record before the entity responsible for developing and

adopting the redistricting plan demonstrates the existence of

broadly shared interests and representational needs,

including shared interests and representational needs rooted

in common ethnic, racial, economic, Indian, social, cultural,

geographic, or historic identities, or arising from similar

socioeconomic conditions. The term communities of interest

may, if the record warrants, include political subdivisions

such as counties, municipalities, Indian lands, or school

districts, but shall not include common relationships with

political parties or political candidates.

(B) For purposes of subparagraph (A), in considering the

needs of multiple, overlapping communities of interest, the

entity responsible for developing and adopting the

redistricting plan shall give greater weight to those

communities of interest whose representational needs would

most benefit from the community's inclusion in a single

congressional district.

(1) Prohibition.—A State may not use a redistricting plan

to conduct an election that, when considered on a statewide

basis, has been drawn with the intent or has the effect of

materially favoring or disfavoring any political party.

(2) Determination of effect.—The determination of whether

a redistricting plan has the effect of materially favoring or

disfavoring a political party shall be based on an evaluation

of the totality of circumstances which, at a minimum, shall

involve consideration of each of the following factors:

(A) Computer modeling based on relevant statewide general

elections for Federal office held over the 8 years preceding

the adoption of the redistricting plan setting forth the

probable electoral outcomes for the plan under a range of

reasonably foreseeable conditions.

(B) An analysis of whether the redistricting plan is

statistically likely to result in partisan advantage or

disadvantage on a statewide basis, the degree of any such

advantage or disadvantage, and whether such advantage or

disadvantage is likely to be present under a range of

reasonably foreseeable electoral conditions.

redistricting plan to the modeled electoral outcomes for

alternative plans that demonstrably comply with the

requirements of paragraphs (1), (2), and (3) of subsection

(b) in order to determine whether reasonable alternatives

exist that would result in materially lower levels of

partisan advantage or disadvantage on a statewide basis. For

purposes of this subparagraph, alternative plans considered

may include both actual plans proposed during the

redistricting process and other plans prepared for purposes

of comparison.

(D) Any other relevant information, including how broad

support for the redistricting plan was among members of the

entity responsible for developing and adopting the plan and

whether the processes leading to the development and adoption

of the plan were transparent and equally open to all members

of the entity and to the public.

(3) Rebuttable presumption.—

(A) Trigger.—In any civil action brought under section 402

in which a party asserts a claim that a State has enacted a

redistricting plan which is in violation of this subsection,

a party may file a motion not later than 30 days after the

enactment of the plan (or, if later, not later than 30 days

after the effective date of this Act) requesting that the

court determine whether a presumption of such a violation

exists. If such a motion is timely filed, the court shall

hold a hearing not later than 15 days after the date the

motion is filed to assess whether a presumption of such a

violation exists.

(B) Assessment.—To conduct the assessment required under

subparagraph (A), the court shall do the following:

(i) Determine the number of congressional districts under

the plan that would have been carried by each political

party's candidates for the office of President and the office

of Senator in the 2 most recent general elections for the

office of President and the 2 most recent general elections

for the office of Senator (other than special general

elections) immediately preceding the enactment of the plan,

except that if a State conducts a primary election for the

office of Senator which is open to candidates of all

political parties, the primary election shall be used instead

of the general election and the number of districts carried

by a party's candidates for the office of Senator shall be

determined on the basis of the combined vote share of all

candidates in the election who are affiliated with such

party.

(ii) Determine, for each of the 4 elections assessed under

clause (i), whether the number of districts that would have

been carried by any party's candidate as determined under

clause (i) results in partisan advantage or disadvantage in

excess of 7 percent or one congressional district, whichever

is greater, as determined by standard quantitative measures

of partisan fairness that relate a party's share of the

statewide vote to that party's share of seats.

violate paragraph (1) if it exceeds the threshold described

in clause (ii) of subparagraph (B) with respect to 2 or more

of the 4 elections assessed under such subparagraph.

(D) Stay of use of plan.—Notwithstanding any other

provision of this Act, in any action under this paragraph,

the following rules shall apply:

(i) Upon filing of a motion under subparagraph (A), a

State's use of the plan which is the subject of the motion

shall be automatically stayed pending resolution of such

motion.

(ii) If after considering the motion, the court rules that

the plan is presumed under subparagraph (C) to violate

paragraph (1), a State may not use such plan until and unless

the court which is carrying out the determination of the

effect of the plan under paragraph (2) determines that,

notwithstanding the presumptive violation, the plan does not

violate paragraph (1).

(E) No effect on other assessments.—The absence of a

presumption of a violation with respect to a redistricting

plan as determined under this paragraph shall not affect the

determination of the effect of the plan under paragraph (2).

(4) Determination of intent.—A court may rely on all

available evidence when determining whether a redistricting

plan was drawn with the intent to materially favor or

disfavor a political party, including evidence of the

partisan effects of a plan, the degree of support the plan

received from members of the entity responsible for

developing and adopting the plan, and whether the processes

leading to development and adoption of the plan were

transparent and equally open to all members of the entity and

to the public.

(5) No violation based on certain criteria.—No

redistricting plan shall be found to be in violation of

paragraph (1) because of the proper application of the

criteria set forth in paragraphs (1), (2), or (3) of

subsection (b), unless one or more alternative plans could

have complied with such paragraphs without having the effect

of materially favoring or disfavoring a political party.

(d) Factors Prohibited From Consideration.—In developing

the redistricting plan for the State, the State may not take

into consideration any of the following factors, except as

necessary to comply with the criteria described in paragraphs

(1) through (3) of subsection (b), to achieve partisan

fairness and comply with subsection (b), and to enable the

redistricting plan to be measured against the external

metrics described in section 203(d):

(1) The residence of any Member of the House of

Representatives or candidate.

(2) The political party affiliation or voting history of

the population of a district.

(e) Additional Criteria.—A State may not rely upon

criteria not set forth in this section to justify non-

compliance with the requirements of this section.

(f) Applicability.—This section applies to any authority,

whether appointed, elected, judicial, or otherwise,

responsible for enacting the congressional redistricting plan

of a State.

(g) Severability of Criteria.—If any of the criteria set

forth in this section, or the

application of such criteria to any person or circumstance,

is held to be unconstitutional, the remaining criteria set

forth in this section, and the application of such criteria

to any person or circumstance, shall not be affected by the

holding.

TITLE II—INDEPENDENT REDISTRICTING COMMISSIONS

SEC. 201. INDEPENDENT REDISTRICTING COMMISSION.

(a) Appointment of Members.—

(1) In general.—The nonpartisan agency established or

designated by a State under section 204(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 202(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 202(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 202(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 202(b)(1)(A)).

(ii) The members shall appoint 3 members from the minority

category of the approved selection pool (as described in

section 202(b)(1)(B)).

(iii) The members shall appoint 3 members from the

independent category of the approved selection pool (as

described in section 202(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 202(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 202(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 203 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 202(b)(1).

(3) Quorum.—A majority of the members of the commission

shall constitute a quorum.

(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 202(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 1 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.

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 202(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 204(a) has, in accordance

with section 202(b)(1), submitted a selection pool to the

Select Committee on Redistricting for the State established

under section 204(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. 202. 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.

established or designated by a State under section 204, 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).

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 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.

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 204(a) shall develop and

submit to the Select Committee on Redistricting for the State

established under section 204(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.

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)(C), 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, by majority vote—

(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 201(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.

(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,

by majority vote—

(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 201(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, by majority vote—

(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 201(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.

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 title III.

SEC. 203. PUBLIC NOTICE AND INPUT.

(a) 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 (b) and the final redistricting

plan developed under subsection (c), including the

accompanying written evaluation under subsection (d).

(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 201(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.

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

(c)(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 (52 U.S.C.

10503).

(b) Development and Publication of Preliminary

Redistricting Plan.—

(1) In general.—Prior to developing and publishing a final

redistricting plan under subsection (c), 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 on the website maintained

under subsection (a)(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.

public.—Any member of the public may submit maps or portions

of maps for consideration by the commission. As provided

under subsection (a)(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 (a)(3), on the

website maintained under subsection (a)(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 (a)(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 (a)(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 on the website maintained under subsection (a)(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.

(1) In general.—After taking into consideration comments

from the public on any preliminary redistricting plan

developed and published under subsection (b), 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 (e), 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 (a)(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 (b).

plan of individual members of the commission.

(4) Enactment.—Subject to paragraph (5), the final

redistricting plan developed and published under this

subsection shall be deemed to be enacted into law upon the

expiration of the 45-day period which begins on the date on

which—

(A) such final 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 202(b)(1) approves such final plan.

(5) Review by department of justice.—

(A) Requiring submission of plan for review.—The final

redistricting plan shall not be deemed to be enacted into law

unless the State submits the plan to the Department of

Justice for an administrative review to determine if the plan

is in compliance with the criteria described in subsections

(b) and (c) of section 103.

(B) Termination of review.—The Department of Justice shall

terminate any administrative review under subparagraph (A)

if, during the 45-day period which begins on the date the

plan is enacted into law, an action is filed in a United

States district court alleging that the plan is not in

compliance with the criteria described in subsections (b) and

(d) 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 section 103(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.

(e) 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. 204. 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 201.

(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

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 (52 U.S.C.

10301 et seq.) 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 202.

(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.

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.

(5) Rule of construction.—Nothing in this subsection may

be construed to prohibit the leader of any political party in

a legislature from appointment to the Select Committee on

Redistricting.

SEC. 205. 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 title with respect to the immediately preceding

year ending in the numeral zero meet the diversity

requirements as provided for in sections 201(a)(2)(B) and

202(b)(2).

TITLE III—ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS

SEC. 301. FAILURE BY STATE TO ENACT PLAN.

(a) Deadline for Enactment of Plan.—Each State shall enact

a final congressional redistricting plan following

transmission of a notice of apportionment to the President by

the earliest of—

(1) the deadline set forth in State law;

(2) February 15 of the year in which regularly scheduled

general elections for Federal office are held in the State;

(3) 90 days before the date of the next regularly scheduled

primary election for Federal office held in the State.

(b) Development of Plan by Court in Case of Missed

Deadline.—If a State has not enacted a final congressional

redistricting plan by the applicable deadline under

subsection (a), or it appears likely that a State will fail

to enact a final congressional redistricting plan by such

deadline—

(1) any citizen of the State may file an action in the

United States district court for the applicable venue asking

the district court to assume jurisdiction;

(2) 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 have the

exclusive authority to develop and publish the congressional

redistricting plan for the State; and

(3) the final congressional redistricting 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 congressional redistricting plan, as described in

subsection (e).

“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 that a State has failed

to, or is reasonably likely to fail to, enact a final

redistricting plan for the State prior to the expiration of

the applicable deadline set forth in subsection (a).

(d) 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 State under section 103.

(2) Access to information and records.—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 State in carrying out its

duties under this title.

(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.

(e) 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

to develop the plans and a written evaluation of the plans

against external metrics (as described in section 203(d)).

(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.

(f) 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 the discretion to

make any changes the court deems necessary to an interim

redistricting plan.

(g) Appeals.—Review on appeal of any final or interim plan

adopted by the court in accordance with this section shall be

governed by the appellate process in section 402.

(h) Stay of State Proceedings.—The filing of an action

under this section shall act as a stay of any proceedings in

State court with respect to the State's congressional

redistricting plan unless otherwise ordered by the court.

SEC. 302. 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 203 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.

TITLE IV—ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

SEC. 401. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING.

(a) Authorization of Payments.—Subject to subsection (d),

not later than 30 days after a State receives a State

apportionment notice, the Election Assistance Commission

shall, subject to the availability of appropriations provided

pursuant to subsection (e), 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.

Assistance Commission shall not make a payment under this

section to any State which is not entitled to more than one

Representative under its State apportionment notice.

(d) Requiring 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 204(a)

has, in accordance with section 202(b)(1), submitted a

selection pool to the Select Committee on Redistricting for

the State established under section 204(b).

(2) Exception for states with existing commissions.—In the

case of a State which, pursuant to section 101(c), is exempt

from the requirements of section 101(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 101(c).

(3) Exception for state of iowa.—In the case of the State

of Iowa, the Commission may not make a payment to the State

under this section until the State certifies to the

Commission that it will carry out congressional redistricting

pursuant to the State's apportionment notice in accordance

with a plan developed by the Iowa Legislative Services Agency

with the assistance of a Temporary Redistricting Advisory

Commission, as provided under the law described in section

101(d).

(e) Authorization of Appropriations.—There are authorized

to be appropriated such sums as may be necessary for payments

under this section.

SEC. 402. CIVIL ENFORCEMENT.

(a) Civil Enforcement.—

(1) Actions by attorney general.—The Attorney General may

bring a civil action 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 the Constitution or Federal law,

including this Act, with respect to the State's congressional

redistricting, 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.

(3) Delivery of complaint to house and senate.—In any

action brought under this section, a copy of the complaint

shall be delivered promptly to the Clerk of the House of

Representatives and the Secretary of the Senate.

(4) Exclusive jurisdiction and applicable venue.—The

district courts of the United States shall have exclusive

jurisdiction to hear and determine claims asserting that a

congressional redistricting plan violates the requirements of

the Constitution or Federal law, including this Act. The

applicable venue for such an action shall be the United

States District Court 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,

except that the applicable venue for a civil action that

includes a claim that a redistricting plan is in violation of

section 103(c) shall be the District of Columbia.

(5) Use of 3-judge court.—If an action under this section

raises statewide claims under the Constitution or this Act,

the action shall be heard by a 3-judge court convened

pursuant to section 2284 of title 28, United States Code.

(6) Review of final decision.—A final decision in an

action brought under this section shall be reviewable on

appeal by the United States Court of Appeals for the District

of Columbia Circuit. There shall be no right of appeal in

such proceedings to any other court of appeals. Such appeal

shall be taken by the filing of a notice of appeal within 10

days of the entry of the final decision. A final decision by

the Court of Appeals may be reviewed by the Supreme Court of

the United States by writ of certiorari.

(b) Expedited Consideration.—In any action brought under

this section, it shall be the duty of the district court, the

United States Court of Appeals for the District of Columbia

Circuit, and the Supreme Court of the United States (if it

chooses to hear the action) to advance on the docket and to

expedite to the greatest possible extent the disposition of

the action and appeal.

(1) Adoption of replacement plan.—

(A) In general.—If the district court in an action under

this section finds that the congressional redistricting plan

of a State violates, in whole or in part, the requirements of

this Act—

(i) the court shall adopt a replacement congressional

redistricting plan for the State in accordance with the

process set forth in section 301; or

(ii) if circumstances warrant and no delay to an upcoming

regularly scheduled election for the House of Representatives

in the State would result, the district court, in its

discretion, may allow a State to develop and propose a

remedial congressional redistricting plan for review by the

court to determine whether the plan is in compliance with

this Act, except that—

(I) the State may not develop and propose a remedial plan

under this clause if the court determines that the

congressional redistricting plan of the State was enacted

with discriminatory intent in violation of the Constitution

or section 103(b); and

(II) nothing in this clause may be construed to permit a

State to use such a remedial plan which has not been approved

by the court.

(B) Prohibiting use of plans in violation of

requirements.—No court shall order a State to use a

congressional redistricting plan which violates, in whole or

in part, the requirements of this Act, or to conduct an

election under terms and conditions which violate, in whole

or in part, the requirements of this Act.

within 3 months of election.—If final adjudication of an

action under this section is not reasonably expected to be

completed at least 3 months prior to the next regularly

scheduled primary election for the House of Representatives

in the State, the district court shall, as the balance of

equities warrant—

(i) develop, adopt, and order the use of an interim

congressional redistricting plan in accordance with section

301(f) to address any claims under this Act for which a party

seeking relief has demonstrated a substantial likelihood of

success; and

(ii) order adjustments to the timing of primary elections

for the House of Representatives and other related deadlines,

as needed, to allow sufficient opportunity for adjudication

of the matter and adoption of a remedial or replacement plan

for use in the next regularly scheduled general elections for

the House of Representatives.

(2) No stay pending appeal.—Notwithstanding the appeal of

an order finding that a congressional redistricting plan of a

State violates, in whole or in part, the requirements of this

Act, no stay shall issue which shall bar the development or

adoption of a replacement or remedial plan under this

subsection, as may be directed by the district court, pending

such appeal. If such a replacement or remedial plan has been

adopted, no appellate court may stay or otherwise enjoin the

use of such plan during the pendency of an appeal, except

upon an order holding, based on the record, that adoption of

such plan was an abuse of discretion.

(3) Special authority of court of appeals.—

(A) Ordering of new remedial plan.—If, upon consideration

of an appeal under this title, the Court of Appeals

determines that a plan does not comply with the requirements

of this Act, it shall direct that the District Court promptly

develop a new remedial plan with assistance of a special

master for consideration by the Court of Appeals.

(B) Failure of district court to take timely action.—If,

at any point during the pendency of an action under this

section, the District Court fails to take action necessary to

permit resolution of the case prior to the next regularly

scheduled election for the House of Representatives in the

State or fails to grant the relief described in paragraph

(1)(C), any party may seek a writ of mandamus from the Court

of Appeals for the District of Columbia Circuit. The Court of

Appeals shall have jurisdiction over the motion for a writ of

mandamus and shall establish an expedited briefing and

hearing schedule for resolution of the motion. If the Court

of Appeals determines that a writ should be granted, the

Court of Appeals shall take any action necessary, including

developing a congressional redistricting plan with assistance

of a special master to ensure that a remedial plan is adopted

in time for use in the next regularly scheduled election for

the House of Representatives in the State.

(4) Effect of enactment of replacement plan.—A State's

enactment of a redistricting plan which replaces a plan which

is the subject of an action under this section shall not be

construed to limit or otherwise affect the authority of the

court to adjudicate or grant relief with respect to any

claims or issues not addressed by the replacement plan,

including claims that the plan which is the subject of the

action was enacted, in whole or in part, with discriminatory

intent, or claims to consider whether relief should be

granted under section 3(c) of the Voting Rights Act of 1965

(52 U.S.C. 10302(c)) based on the plan which is the subject

of the action.

(d) 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.

(e) 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.).

(f) Legislative Privilege.—No person, legislature, or

State may claim legislative privilege under either State or

Federal law in a civil action brought under this section or

in any other legal challenge, under either State or Federal

law, to a redistricting plan enacted under this Act.

(g) Removal.—

(1) In general.—At any time, a civil action brought in a

State court which asserts a claim for which the district

courts of the United States have exclusive jurisdiction under

this title may be removed by any party in the case, including

an intervenor, by filing, in the district court for an

applicable venue under this section, a notice of removal

signed pursuant to Rule 11 of the Federal Rules of Civil

Procedure containing a short and plain statement of the

grounds for removal. Consent of parties shall not be required

for removal.

(2) Claims not within the original or supplemental

jurisdiction.—If a civil action removed in accordance with

paragraph (1) contains claims not within the original or

supplemental jurisdiction of the district court, the district

court shall sever all such claims and remand them to the

State court from which the action was removed.

SEC. 403. STATE APPORTIONMENT NOTICE DEFINED.

In this Act, 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), of the number of Representatives to

which the State is entitled.

SEC. 404. 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. 405. EFFECTIVE DATE.

This Act and the amendments made by this Act shall apply

with respect to redistricting carried out pursuant to the

decennial census conducted during 2030 or any succeeding

decennial census.

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