,i #aacth ,,congress #b;d ,session ,h4 ,r4 #cijf ,,in ,,the ,,house ,,of ,,representatives ,january #af1 #bjad,mr4 ,braley of ,iowa 7for himself and ,mr4 ,loebsack7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to require ,states to carry out ,congressional redistricting in accordance with plans developed by nonpartisan service agencies of the legislative branch of ,state governments1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fixing ,america's ,inconsistent ,redistricting 7,,fair7 ,act4 #b4 ,requiring ,redistricting to be ,conducted ,through ,plan of ,nonpartisan ,service ,agencies of ,state ,legislatures 7a7 ,use of ,nonpartisan ,plan ,notwithstanding any other provision of law1 any ,congressional redistricting conducted by a ,state shall be conducted in accordance with a redistricting plan-- 7#a7 developed by a nonpartisan agency of the legislative branch of the ,state government in accordance with section #c2 and 7#b7 enacted into law by the ,state in accordance with section #d4 7b7 ,conforming ,amendment ,section #bb7;c7 of the ,act entitled ,an ,act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of ,representatives in ,congress1 approved ,june #ah1 #aibi 7#b ,u4,s4,c4 #b;a7c771 is amended by striking in the manner provided by the law thereof and inserting3 in the manner provided by the ,fixing ,america's ,inconsistent ,redistricting 7,,fair7 ,act4 #c4 ,development of plan 7a7 ,establishment or ,designation of ,nonpartisan ,agency of ,state ,legislature 7#a7 ,in general ,not later than each ,december #ca of the year preceding a redistricting year1 each ,state shall establish a nonpartisan agency in the legislative branch of the ,state government to develop the redistricting plan for the ,state for the redistricting year4 7#b7 ,nonpartisanship described ,for purposes of this subsection1 an agency shall be considered to be nonpartisan if under law the agency-- 7,a7 is required to provide services on a nonpartisan basis2 7,b7 is required to maintain impartiality2 and 7,c7 is prohibited from advocating for the adoption or rejection of any proposal4 7#c7 ,designation of existing agency ,at its option1 a ,state may designate an existing agency in the legislative branch of its government to develop the redistricting plan for the ,state under this ,act1 so long as the agency meets the requirements for nonpartisanship under this subsection4 7#d7 ,termination of agency specifically established for redistricting ,if a ,state does not designate an existing agency under paragraph 7#c7 but instead establishes a new agency to serve as the nonpartisan agency under this section1 the new agency shall terminate upon the enactment into law of the redistricting plan for the ,state4 7b7 ,development of ,redistricting ,plan 7#a7 ,criteria ,the nonpartisan agency established or designated by a ,state under this section shall develop a redistricting plan for the ,state in accordance with the following criteria3 7,a7 ,adherence to the one person1 one vote standard and other requirements imposed under the ,constitution of the ,united ,states4 7,b7 ,to the greatest extent mathematically possible1 ensuring that the population of each ,congressional district in the ,state does not vary by more than one percent from the population of any other ,congressional district in the ,state 7as determined on the basis of the total count of persons of the most recent decennial census conducted by the ,bureau of the ,census74 7,c7 ,consistency with any applicable requirements of the ,voting ,rights ,act of #aife and other ,federal laws4 7,d7 ,ensuring that districts are contiguous 7except to the extent necessary to include any area which is surrounded by a body of water74 7,e7 ,to the greatest extent practicable1 the maintenance of the geographic continuity of the political subdivisions of the ,state which are included in the same ,congressional district4 7,f7 ,to the greatest extent practicable1 maintaining compact districts4 7#b7 ,factors prohibited from consideration ,in developing the redistricting plan for the ,state1 the nonpartisan agency may not take into consideration any of the following factors1 except to the extent necessary to comply with the ,voting ,rights ,act of #aife3 7,a7 ,the residence of incumbent ,members of the ,house of ,representatives in the ,state4 7,b7 ,the voting history of the population of a ,congressional district1 except that the agency may take such history into consideration to the extent necessary to comply with any ,state law which requires the establishment of competitive ,congressional districts4 7,c7 ,the political party affiliation of the population of a district4 7c7 ,submission of ,plan to ,legislature and ,temporary ,redistricting ,advisory ,commission ,not later than ,april #a of the redistricting year1 the nonpartisan agency shall submit the redistricting plan developed under this section to the ,state legislature and to the ,temporary ,redistricting ,advisory ,commission of the legislature established under section #d7;a74 #d4 ,enactment of plan by ,state legislature 7a7 ,role of ,temporary ,redistricting ,advisory ,commission 7#a7 ,in general ,not later than ,february #ae of each redistricting year1 each ,state shall appoint a commission to be known as the ,temporary ,redistricting ,advisory ,commission 7hereafter referred to as the ,commission71 consisting of-- 7,a7 #b members1 of whom #a shall be appointed by the majority leader of the upper house of the ,state legislature and #a shall be appointed by the majority leader of the lower house of the ,state legislature 7or1 in the case of a ,state with a unicameral legislature1 both of whom shall be appointed by the majority leader of the legislature72 7,b7 #b members1 of whom #a shall be appointed by the minority leader of the upper house of the ,state legislature and #a shall be appointed by the minority leader of the lower house of the ,state legislature 7or1 in the case of a ,state with a unicameral legislature1 both of whom shall be appointed by the minority leader of the legislature72 and 7,c7 #a member appointed by a majority vote of the members appointed under the previous subparagraphs4 7#b7 ,qualifications ,an individual is eligible to serve as a member of the ,commission if the individual meets each of the following requirements3 7,a7 ,the individual is an eligible elector of the ,state at the time of appointment4 7,b7 ,the individual does not hold a partisan political office or serve as an officer of a political party4 7,c7 ,the individual is not an employee or an immediate family member of a member of the ,state legislature or member of ,congress1 or an employee of the ,state legislature or ,congress4 ,in this subparagraph1 the term immediate family member means1 with respect to an individual1 a father1 mother1 son1 daughter1 brother1 sister1 husband1 wife1 father-in-law1 or mother-in-law4 7#c7 ,assistance to nonpartisan agency ,at the request of the nonpartisan agency established or designated under section #c1 the ,commission shall provide guidance to the agency in its development of the redistricting plan for the ,state4 7#d7 ,review of nonpartisan agency plan 7,a7 ,hearings ,upon receiving the redistricting plan from the nonpartisan agency under section #c7;c71 the ,commission shall analyze and review the plan1 and shall hold at least #c public hearings in various geographic areas of the ,state to solicit comments on the plan4 7,b7 ,report to legislature ,not later than #ad days after receiving the redistricting plan from the nonpartisan agency under section #c1 the ,commission shall submit a report to the ,state legislature which includes the ,commission's recommendation regarding whether the legislature should adopt or reject the plan1 taking into account any comments provided at the hearings held under subparagraph 7,a71 as well as any other comments and conclusions regarding the plan which the ,commission considers appropriate4 7#e7 ,termination ,the ,commission shall terminate upon the enactment into law of the redistricting plan for the ,state4 7b7 ,action by ,state ,legislature and ,chief ,executive ,to ,enact ,plan 7#a7 ,consideration of plan by legislature ,not later than #c days after receiving the ,commission's report under subsection 7a7 on the redistricting plan developed by the nonpartisan agency1 the ,state legislature shall either-- 7,a7 approve the plan as submitted by the nonpartisan agency without amendment and forward the plan to the chief executive of the ,state2 or 7,b7 reject the plan4 7#b7 ,enactment of plan 7,a7 ,in general ,a redistricting plan developed by the nonpartisan agency shall be considered to be enacted into law if the plan is forwarded to the chief executive of the ,state pursuant to paragraph 7#a77;,a7 and-- 7i7 the chief executive approves the plan as forwarded by the legislature without amendment2 or 7ii7 the chief executive vetoes the plan and the legislature overrides the veto in accordance with the applicable law of the ,state1 except that at no time may the plan be amended4 7,b7 ,special rule ,in the case of a ,state in which the chief executive is prohibited under ,state law from acting on a redistricting plan1 a redistricting plan developed by the nonpartisan agency shall be considered to be enacted into law if the ,state legislature approves the plan as submitted by the nonpartisan agency without amendment4 7c7 ,effect of ,rejection of ,plan 7#a7 ,rejection by legislature ,if the ,state legislature votes under subsection 7b77#a7 to reject the redistricting plan of the nonpartisan agency1 not later than #g days after the vote to reject the plan the legislature shall submit to the nonpartisan agency and disseminate publicly a statement of the legislature's reasons for rejecting the plan4 7#b7 ,veto by chief executive ,if the chief executive vetoes the redistricting plan of the nonpartisan agency and the ,state legislature fails to override the veto1 not later than #g days after the failed vote to override the veto the chief executive shall submit to the nonpartisan agency and disseminate publicly a statement of the chief executive's reasons for vetoing the plan4 7#c7 ,development and submission of revised plan ,not later than #ce days after receiving a statement from the ,state legislature under paragraph 7#a7 or a statement from the chief executive of the ,state under paragraph 7#b7 7as the case may be71 the nonpartisan agency established or designated under section #c shall develop a revised redistricting plan for the ,state which is consistent with the criteria set forth in section #c7;b7 but which addresses the reasons provided under paragraph 7#a7 or paragraph 7#b7 7as the case may be7 for the rejection of the plan1 and shall submit the revised plan to the ,state legislature4 7#d7 ,consideration of revised plan by legislature ,not later than #g days after receiving the revised redistricting plan under paragraph 7#c71 the ,state legislature shall either-- 7,a7 approve the revised plan as submitted by the nonpartisan agency without amendment and forward the plan to the chief executive of the ,state2 or 7,b7 reject the plan4 7#e7 ,enactment of revised plan ,subsection 7b77#b7 shall apply with respect to the enactment of the revised plan developed and submitted by the nonpartisan agency under paragraph 7#c7 in the same manner as such subsection applies with respect to the initial redistricting plan developed and submitted by the agency under such subsection4 7d7 ,effect of ,rejection of ,revised ,plan2 ,permitting ,legislature ,to ,amend ,second ,revised ,plan 7#a7 ,rejection by legislature ,if the ,state legislature votes under subsection 7c77#d7 to reject the revised redistricting plan of the nonpartisan agency1 not later than #g days after the vote to reject the plan the legislature shall submit to the nonpartisan agency and disseminate publicly a statement of the legislature's reasons for rejecting the revised plan4 7#b7 ,veto by chief executive ,if the chief executive vetoes the revised redistricting plan of the nonpartisan agency and the ,state legislature fails to override the veto1 not later than #g days after the failed vote to override the veto the chief executive shall submit to the nonpartisan agency and disseminate publicly a statement of the chief executive's reasons for vetoing the revised plan4 7#c7 ,development and submission of second revised plan ,not later than #ce days after receiving a statement from the ,state legislature under paragraph 7#a7 or a statement from the chief executive of the ,state under paragraph 7#b7 7as the case may be71 the nonpartisan agency established or designated under section #c shall develop a second revised redistricting plan for the ,state which is consistent with the criteria set forth in section #c7;b7 but which addresses the reasons provided under paragraph 7#a7 or paragraph 7#b7 7as the case may be7 for the rejection of the revised plan1 and shall submit the second revised plan to the ,state legislature4 7#d7 ,consideration of second revised plan by legislature ,not later than #g days after receiving the second revised redistricting plan under paragraph 7#c71 the ,state legislature shall either-- 7,a7 approve the second revised plan as submitted by the nonpartisan agency with or without amendment and forward the plan to the chief executive of the ,state2 or 7,b7 reject the plan4 7#e7 ,enactment of second revised plan ,subsection 7b77#b7 shall apply with respect to the enactment of the second revised plan developed and submitted by the nonpartisan agency under paragraph 7#c7 in the same manner as such subsection applies with respect to the initial redistricting plan developed and submitted by the agency under such subsection4 7e7 ,rejection of ,second ,revised ,plan 7#a7 ,development of plan by highest court of ,state ,if the second revised redistricting plan developed and submitted under subsection 7d7 is not enacted into law1 the highest court of the ,state shall assume sole responsibility for the development and enactment of the redistricting plan for the ,state1 and shall publish the plan it develops not later than ,november #ae of the redistricting year4 7#b7 ,application of same criteria used by nonpartisan agency ,section #c7;b7 shall apply with respect to the development of the redistricting plan by a court under this subsection in the same manner as such section applies to the development of the plan by the nonpartisan agency under section #c4 7#c7 ,enactment upon publication ,upon the publication by the highest court of the ,state of the redistricting plan under this subsection1 the plan shall be deemed to be enacted into law4 #e4 ,redistricting year defined ,in this ,act1 the term redistricting year means1 with respect to a ,state1 the year in which the chief executive officer of the ,state receives the notice from the ,clerk of the ,house of ,representatives under section #bb7;b7 of the ,act entitled ,an ,act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of ,representatives in ,congress1 approved ,june #ah1 #aibi 7#b ,u4,s4,c4 #b;a71 of the number of ,representatives to which the ,state is entitled4 #f4 ,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 office1 including the process by which a ,state establishes the districts used in such elections4 #g4 ,effective date ,this ,act and the amendments made by this ,act shall apply with respect to any ,congressional redistricting which occurs after the regular decennial census conducted during #bjbj4