,i #aaeth ,,congress #ast ,session ,h4 ,r4 #cjeg ,,in ,,the ,,house ,,of ,,representatives ,june #bf1 #bjag ,mr4 ,beyer 7for himself1 ,mr4 ,raskin1 and ,mr4 ,khanna7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,house ,administration1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish the use of ranked choice voting in elections for ,representatives in ,congress1 to require each ,state with more than one ,representative to establish multi-member ,congressional districts1 to require ,states to conduct ,congressional redistricting through independent commissions1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short ,title ,this ,act may be cited as the ,fair ,representation ,act4 7b7 ,table of ,contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,finding of ,constitutional authority4 ,title ,i--,ranked ,choice ,voting ,sec4 #aja4 ,requiring ranked choice voting for election of ,representatives4 ,subtitle ,c--,ranked ,choice ,voting ,part #a--,requiring ,ranked ,choice ,voting for ,election of ,representatives ,sec4 #cba4 ,requiring ranked choice voting for election of ,representatives4 ,sec4 #cbb4 ,application to ,district of ,columbia and ,territories4 ,sec4 #cbc4 ,treatment of ,states not holding primary elections prior to date of general election4 ,part #b--,tabulation ,process ,sec4 #cca4 ,tabulation for single-seat ,congressional elections4 ,sec4 #ccb4 ,tabulation for multi-seat ,congressional elections4 ,sec4 #ccc4 ,exclusion of inactive ballots4 ,sec4 #ccd4 ,treatment of ties between candidates4 ,part #c--,payments to ,states ,to ,implement ,ranked ,choice ,voting ,sec4 #cda4 ,payments to ,states to implement ranked choice voting4 ,sec4 #ajb4 ,applicability of enforcement provisions of ,help ,america ,vote ,act of #bjjb4 ,sec4 #ajc4 ,effective date4 ,title ,,ii--,multi-,member ,districts ,sec4 #bja4 ,requiring use of multi-member districts in certain ,states4 ,sec4 #bjb4 ,requiring certain ,states to elect all ,representatives at large4 ,sec4 #bjc4 ,establishing minimum number of candidates in general election4 ,sec4 #bjd4 ,conforming amendments4 ,sec4 #bje4 ,effective date4 ,title ,,iii--,requirements for ,congressional ,redistricting ,subtitle ,a--,general ,requirements ,sec4 #cja4 ,limit on ,congressional redistricting after an apportionment4 ,sec4 #cjb4 ,requiring ,congressional redistricting to be conducted through plan of independent ,state commission4 ,subtitle ,b--,independent ,redistricting ,commissions ,sec4 #caa4 ,independent redistricting commission4 ,sec4 #cab4 ,establishment of selection pool of individuals eligible to serve as members of commission4 ,sec4 #cac4 ,criteria for redistricting plan by independent commission2 public notice and input4 ,sec4 #cad4 ,establishment of related entities4 ,subtitle ,c--,role of ,courts in ,development of ,redistricting ,plans ,sec4 #cba4 ,enactment of plan developed by #c-;judge court4 ,sec4 #cbb4 ,special rule for redistricting conducted under order of ,federal court4 ,subtitle ,d--,administrative and ,miscellaneous ,provisions ,sec4 #cca4 ,payments to ,states for carrying out redistricting4 ,sec4 #ccb4 ,civil enforcement4 ,sec4 #ccc4 ,state apportionment notice defined4 ,title ,,iv--,general ,provisions ,sec4 #dja4 ,no effect on elections for ,state and local office4 ,sec4 #djb4 ,severability4 ,sec4 #djc4 ,effective date4 #b4 ,finding of ,constitutional authority ,congress finds that it has the authority to establish the terms and conditions ,states must follow in carrying out ,congressional redistricting after an apportionment of ,members of the ,house of ,representatives and in administering elections for the ,house of ,representatives because-- 7#a7 the authority granted to ,congress under article ,i1 section #d of the ,constitution of the ,united ,states gives ,congress the power to enact laws governing the time1 place1 and manner of elections for ,members of the ,house of ,representatives2 and 7#b7 the authority granted to ,congress under section #e of the fourteenth amendment to the ,constitution gives ,congress the power to enact laws to enforce section #b of such amendment1 which requires ,representatives to be apportioned among the several ,states according to their number4 ,i ,ranked ,choice ,voting #aja4 ,requiring ranked choice voting for election of ,representatives 7a7 ,in ,general ,title ,,iii of the ,help ,america ,vote ,act of #bjja 7#eb ,u4,s4,c4 #bajha et seq47 is amended by adding at the end the following new subtitle3 ,c ,ranked ,choice ,voting #a ,requiring ,ranked ,choice ,voting for ,election of ,representatives #cba4 ,requiring ranked choice voting for election of ,representatives 7a7 ,ranked ,choice ,voting ,each ,state shall carry out elections for the office of ,representative in ,congress1 including primary1 special1 and runoff elections for such office1 using a system of ranked choice voting under which each voter shall rank the candidates for the office in the order of the voter's preference1 in accordance with this title4 7b7 ,ballot ,design ,each ,state shall ensure that the ballot used in an election carried out using a system of ranked choice voting under this title meets each of the following requirements3 7#a7 ,the ballot shall be simple and easy to understand4 7#b7 ,the ballot shall include all qualified candidates for the election and 7to the extent permitted under ,state law7 options for voters to select write-in candidates4 ,if feasible1 the ballot shall permit voters to rank every candidate in the election4 ,if it is not feasible for the ballot to permit voters to rank every candidate1 the ,state may limit the number of candidates who may be ranked on the ballot to not fewer than #f4 7#c7 ,the ballot shall include such instructions as the ,state considers necessary to enable the voter to rank candidates and successfully cast the ballot under the system4 #cbb4 ,application to ,district of ,columbia and ,territories 7a7 ,election of ,delegates and ,resident ,commissioner ,in this subtitle1 the term ,representative includes a ,delegate or ,resident ,commissioner to the ,congress4 7b7 ,application to ,northern ,mariana ,islands ,this subtitle shall apply with respect to the ,commonwealth of the ,northern ,mariana ,islands in the same manner as this subtitle applies to a ,state4 #cbc4 ,treatment of ,states not holding primary elections prior to date of general election ,nothing in this title shall be construed to require a ,state to hold a primary election for the office of ,representative in ,congress prior to the date established under section #be of the ,revised ,statutes of the ,united ,states 7#b ,u4,s4,c4 #g7 for the regularly scheduled general election for such office1 so long as the determination of the candidates who are elected to such office is based solely on the votes cast with respect to the election held on such date1 as determined in accordance with the system of ranked choice voting under this title4 #b ,tabulation ,process #cca4 ,tabulation for single-seat ,congressional elections 7a7 ,in ,general 7#a7 ,determination of candidate's number of votes ,in a single-seat election1 the number of votes received by a candidate shall be equal to the sum of-- 7,a7 the number of ballots cast in the election on which the candidate was the highest-ranked candidate2 and 7,b7 the number of votes transferred to the candidate under subsection 7b77#b74 7#b7 ,criteria for election ,in the case of a single-seat election1 a candidate shall be elected to the office of ,representative in ,congress 7or1 in the case of a primary election1 shall advance to the general election for such office as provided under the law of the ,state involved7 if-- 7,a7 the candidate receives a number of votes greater than #ej percent of the number of ballots cast in the election2 or 7,b7 if the election official carries out an additional round of tabulation under subsection 7b71 the candidate receives the greatest number of votes of the #b remaining continuing candidates 7as described in such subsection74 7b7 ,process in ,case no ,candidate ,elected ,under ,initial ,tabulation 7#a7 ,additional rounds of tabulation ,if1 under the initial tabulation of ballots in a single-seat election1 no candidate is elected to office 7or1 in the case of a primary election1 no candidate advances to the general election for such office7 under the criteria described in subsection 7a77#b77;,a71 the election official shall carry out additional rounds of tabulation in accordance with paragraph 7#b7 until only #b continuing candidates remain4 7#b7 ,treatment of ballots in additional rounds ,in each additional round of tabulation carried out under this subsection-- 7,a7 the candidate receiving the fewest number of votes among all candidates 7or1 in the case of a ,state which applies batch elimination under paragraph 7#c71 each candidate in the batch elimination group7 shall be treated as a defeated candidate2 7,b7 for each ballot cast for a defeated candidate1 the election official shall determine the highest-ranked candidate on the ballot who is a continuing candidate2 and 7,c7 the vote cast on the ballot shall be transferred to1 and added to the total number of votes received by1 the highest-ranked continuing candidate determined under subparagraph 7,b74 7#c7 ,permitting ,state to use batch elimination to determine multiple defeated candidates ,at the option of the ,state1 with respect to any additional round of tabulation carried out under this subsection1 a ,state may use batch elimination to treat multiple candidates as defeated candidates for purposes of paragraph 7#b7 if such candidates may be placed in a batch elimination group described as follows3 7,a7 ,if a candidate is in the group1 the group includes each candidate who has received a total number of votes which is less than or equal to the total number of votes received by the candidate4 7,b7 ,the total number of votes received by all candidates in the group is less than the number of votes received by any candidate who is not in the group4 7,c7 ,at least #b candidates are not in the group4 7c7 ,definitions ,in this section-- 7#a7 the term continuing candidate means1 with respect to an additional round of tabulation conducted under subsection 7b71 a candidate who is not treated as a defeated candidate during the tabulation of ballots under this section2 and 7#b7 the term single-seat election means-- 7,a7 a general election in which one ,representative shall be elected2 or 7,b7 a primary election in which one candidate shall advance to the general election4 #ccb4 ,tabulation for multi-seat ,congressional elections 7a7 ,in ,general 7#a7 ,determination of candidate's number of votes ,in the case of a multi-seat election1 the number of votes received by a candidate shall be equal to the sum of-- 7,a7 the number of ballots cast in the election on which the candidate was the highest-ranked candidate1 based on the initial tabulation of ballots2 and 7,b7 the number of votes transferred and added with respect to the candidate under subsection 7b74 7#b7 ,criteria for election ,in the case of a multi-seat election1 a candidate shall be considered to be a winning candidate and shall be elected to one of the offices of ,representative in the ,congressional district 7or1 in the case of a primary election1 shall advance to the general election for such offices as provided under the law of the ,state involved7 if-- 7,a7 the candidate receives a number of votes greater than the multi-seat election threshold1 as determined under this section2 or 7,b7 the candidate is a continuing candidate and the total number of winning and continuing candidates is equal to or less than the required number of winning candidates with respect to the election4 7b7 ,process in ,case of ,insufficient ,number of ,winning ,candidates 7#a7 ,additional rounds of tabulation 7,a7 ,in general ,if under the initial tabulation of ballots in a multi-seat election1 the number of winning candidates is less than the required number of winning candidates with respect to the election and there is at least one continuing candidate1 the election official shall carry out additional rounds of tabulation in accordance with this subsection until the number of winning candidates is equal to such required number of winning candidates4 7,b7 ,additional rounds described ,the additional rounds of tabulation under this subsection are as follows3 7i7 ,surplus vote tabulation rounds under which surplus votes cast for winning candidates are transferred to other candidates1 as described in paragraph 7#b74 7ii7 ,candidate elimination rounds under which votes cast for defeated candidates are transferred to other candidates1 as described in paragraph 7#c74 7#b7 ,surplus vote tabulation rounds 7,a7 ,transfer of percentage of winning candidate's votes to next-highest ranked candidate ,under a surplus vote tabulation round carried out under this paragraph1 the election official shall transfer to1 and add to the total number of votes received by1 each continuing candidate a number of votes equal to the product of-- 7i7 the surplus vote allocation percentage for the winning candidate who has received the greatest number of votes as of the beginning of the surplus vote tabulation round 7as determined under subparagraph 7,b771 excluding any candidate from whom surplus votes have been transferred in any previous surplus vote tabulation round under this paragraph2 and 7ii7 the number of ballots cast for such winning candidate on which such continuing candidate was the highest-ranked continuing candidate1 as determined by the election official4 7,b7 ,determination of number of votes received by candidate as of beginning of round ,for purposes of clause 7i7 of subparagraph 7,a71 the number of votes received by a candidate as of the beginning of a surplus vote tabulation round under this paragraph shall be determined by taking into account-- 7i7 the transfer of surplus votes to the candidate in a previous surplus tabulation round under this paragraph 7if any71 and 7ii7 the transfer of votes to the candidate in a candidate elimination round carried out under paragraph 7#c7 7if any74 7,c7 ,one-time transfer ,after transferring votes cast with respect to a winning candidate during a surplus vote tabulation round under this paragraph1 the election official may not make any subsequent transfer of any of such candidate's votes during any subsequent surplus vote tabulation round under this paragraph4 7,d7 ,surplus vote allocation percentage defined ,in this paragraph1 the term surplus vote percentage means1 with respect to a winning candidate1 an amount 7expressed as a percentage7 equal to-- 7i7 the difference between the total number of votes received by the candidate1 as determined under subsection 7a77#a71 and the multi-seat election threshold2 divided by 7ii7 the total number of votes received by the candidate1 as determined under subsection 7a77#a71 rounded to #d decimal places4 7#c7 ,candidate elimination rounds 7,a7 ,transfer of votes cast for eliminated candidates ,subject to subparagraph 7,c71 the election official shall carry out candidate elimination rounds under this paragraph as follows3 7i7 ,the candidate receiving the fewest number of votes among all candidates as of the beginning of the round1 after taking into account the transfer of surplus votes in any surplus vote tabulation round carried out under paragraph 7#b7 and the transfer of votes cast for defeated candidates under any previous candidate elimination round carried out under this paragraph 7or1 in the case of a ,state which applies batch elimination under subparagraph 7,b71 each candidate in the batch elimination group71 shall be treated as a defeated candidate4 7ii7 ,for each ballot cast for a defeated candidate1 the election official shall determine the highest-ranked candidate on the ballot who is a continuing candidate4 7iii7 ,the vote cast on the ballot shall be transferred to1 and added to the total number of votes received by1 the highest-ranked continuing candidate determined under clause 7ii74 7,b7 ,permitting ,state to use batch elimination to determine multiple defeated candidates ,at the option of the ,state1 with respect to any candidate elimination round carried out under this subsection1 a ,state may use batch elimination to treat multiple candidates as defeated candidates for purposes of subparagraph 7,a7 if such candidates may be placed in a batch elimination group described as follows3 7i7 ,if a candidate is in the group1 the group includes each continuing candidate who has received a total number of votes 7after taking into account the transfer of surplus votes in any surplus vote tabulation round carried out under paragraph 7#b7 and the transfer of votes cast for defeated candidates under any previous candidate elimination round carried out under this paragraph7 which is less than or equal to the total number of votes received by the candidate 7after taking into account such transfer74 7ii7 ,the total number of votes received by all candidates in the group 7after taking into account such transfers of votes7 is less than the number of votes received by any other continuing candidate 7after taking into account such transfer74 7iii7 ,the total number of votes received by all candidates in the group 7after taking into account such transfers of votes7 is less than the multi-seat election threshold4 7iv7 ,the number of continuing candidates who are not in the group is equal to or greater than the difference between the number of candidates who have been elected to office under the criteria described in subsection 7a77#b7 and the number of ,representatives to be elected from the district4 7,c7 ,candidate elimination round permitted only if no surplus vote tabulation round possible ,the election official may not carry out a candidate elimination round under this paragraph unless1 as of the beginning of the candidate elimination round1 there are no winning candidates from whom surplus votes may be transferred under a surplus vote tabulation round under paragraph 7#b74 7c7 ,other ,definitions ,in this section-- 7#a7 the term continuing candidate means1 with respect to an additional round of tabulation conducted under subsection 7b71 a candidate who is neither a winning candidate nor a candidate who is treated as a defeated candidate under such subsection during the tabulation of ballots under this section2 7#b7 the required number of winning candidates with respect to an election means-- 7,a7 in the case of a general election1 the number of ,representatives to be elected in the ,congressional district involved1 or 7,b7 in the case of a primary election1 the number of candidates required to advance to the general election for the offices of ,representatives as provided under the law of the ,state involved2 7#c7 the term multi-seat election means-- 7,a7 a general election in which more than one ,representative shall be elected1 or 7,b7 a primary election in which more than one candidate shall advance to the general election 7without regard to the number of ,representatives who shall be elected in that general election72 7#d7 the term multi-seat election threshold means1 with respect to an election1 an amount equal to-- 7,a7 the number of ballots cast in the election2 divided by 7,b7 the sum of one plus the required number of winning candidates required with respect to the election1 rounded up to #d decimal places2 and 7#e7 the term winning candidate means a candidate who was elected to office 7or1 in the case of a primary election1 who advanced to the general election for such office as provided under the law of the ,state involved7 under the criteria described in subsection 7a77#b7 at any time during the tabulation of ballots under this section4 #ccc4 ,exclusion of inactive ballots 7a7 ,initial tabulation ,in the initial tabulation of ballots under section #cca or section #ccb1 a ballot shall be treated as an inactive ballot1 and no vote on the ballot shall be counted for any candidate1 if-- 7#a7 the voter does not rank any candidates on the ballot in order of preference2 7#b7 the voter ranks more than one candidate at the highest order of preference2 or 7#c7 the voter skips two consecutive numerical rankings prior to the numerical ranking for the candidate the voter ranks at the highest order of preference4 7b7 ,additional rounds of tabulation 7#a7 ,single-seat elections ,in any additional round of tabulation conducted with respect to a single-seat election under section #cca7;b71 if a vote cast for a defeated candidate is cast on an inactive ballot1 no vote on the ballot may be transferred to a continuing candidate under section #cca7;b74 7#b7 ,multi-seat elections ,in any additional round of tabulation conducted with respect to a multi-seat election under section #ccb7;b7-- 7,a7 if a vote cast for the winning candidate is cast on an inactive ballot1 no portion of the surplus vote on such ballot may be transferred to a continuing candidate under any surplus vote tabulation round described in paragraph 7#b7 of section #ccb7;b72 and 7,b7 if a vote cast for a defeated candidate is cast on an inactive ballot1 the vote may not be transferred to any continuing candidate under any candidate elimination round described in paragraph 7#c7 of section #ccb7;b74 7#c7 ,inactive ballot defined ,in this subsection1 the term inactive ballot means1 with respect to an additional round of tabulation under section #cca or section #ccb-- 7,a7 a ballot on which the voter does not rank any of the continuing candidates in order of preference2 7,b7 a ballot on which the voter ranked more than one continuing candidate at the highest order of preference2 or 7,c7 a ballot on which the voter skips two or more consecutive numerical rankings prior to the ranking for the continuing candidate at the highest order of preference4 #ccd4 ,treatment of ties between candidates 7a7 ,establishment of random selection algorithm ,for each election for ,representative in ,congress1 the appropriate election official shall establish and publish a random selection algorithm prior to the tabulation of ballots under section #cca and section #ccb4 7b7 ,designation of winning candidate ,if a tie occurs between candidates with the greatest number of votes or the fewest number of votes at any point in the tabulation of ballots under section #cca or section #ccb and the tabulation cannot proceed until the tie is resolved1 the candidate whose name is selected pursuant to the random selection algorithm established for that round under subsection 7a7 shall be considered to have the greatest number of votes among such candidates4 #c ,payments to ,states ,to ,implement ,ranked ,choice ,voting #cda4 ,payments to ,states to implement ranked choice voting 7a7 ,payments ,not later than ,june #a1 #bjba1 the ,commission shall make a payment to the ,state in an amount equal to-- 7#a7 in the case of the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,american ,samoa1 ,guam1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands1 #a1ejj1jjj2 or 7#b7 in the case of any other ,state1 the sum of #a1jjj1jjj and the product of-- 7,a7 the number of ,representatives to which the ,state is entitled under the reapportionment of ,representatives resulting from the regular decennial census conducted during #bjbj2 and 7,b7 #ejj1jjj4 7b7 ,use of ,funds ,a ,state shall use the payment made under subsection 7a7 to implement ranked choice voting under this subtitle and to otherwise carry out elections for ,federal office in the ,state4 7c7 ,no ,effect on ,requirements ,payments ,the receipt or use of the payment made under this section shall not effect a ,state's eligibility for or use of a requirements payment made under part #a of subtitle ,d of title ,,ii4 7d7 ,authorization of ,appropriations ,there are authorized to be appropriated such sums as may be necessary for payments under this section4 4 7b7 ,clerical ,amendment ,the table of contents of such ,act is amended by adding at the end of the item relating to title ,,iii the following3 ,subtitle ,c--,ranked ,choice ,voting ,part #a--,requiring ,ranked ,choice ,voting for ,election of ,representatives ,sec4 #cba4 ,requiring ranked choice voting for election of ,representatives4 ,sec4 #cbb4 ,application to ,district of ,columbia and ,territories4 ,sec4 #cbc4 ,treatment of ,states not holding primary elections prior to date of general election4 ,part #b--,tabulation ,process ,sec4 #cca4 ,tabulation for single-seat ,congressional elections4 ,sec4 #ccb4 ,tabulation for multi-seat ,congressional elections4 ,sec4 #ccc4 ,exclusion of exhausted ballots4 ,sec4 #ccd4 ,treatment of ties between candidates4 ,part #c--,payments to ,states ,to ,implement ,ranked ,choice ,voting ,sec4 #cda4 ,payments to ,states to implement ranked choice voting4 4 #ajb4 ,applicability of enforcement provisions of ,help ,america ,vote ,act of #bjjb ,section #dja of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #baaaa7 is amended by striking sections #cja1 #cjb1 and #cjc and inserting title ,,iii4 #ajc4 ,effective date ,this title and the amendments made by this title shall apply with respect to elections held pursuant to the reapportionment of ,representatives resulting from the regular decennial census conducted during #bjbj and all subsequent elections4 ,,ii ,multi-,member ,districts #bja4 ,requiring use of multi-member districts in certain ,states 7a7 ,rules for ,states ,with ,six or ,more ,representatives ,if a ,state is entitled to six or more ,representatives in ,congress under an apportionment made under section #bb7;a7 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;a7a77-- 7#a7 the ,state shall establish a number of districts for the election of ,representatives in the ,state that is less than the number of ,representatives to which the ,state is entitled2 and 7#b7 the ,state may not elect any of its ,representatives at large4 7b7 ,criteria for ,number of ,districts ,in establishing the number of districts for the ,state under subsection 7a71 the ,state shall follow the following criteria3 7#a7 ,the ,state shall ensure that districts shall each have equal population per ,representative as nearly as practicable1 in accordance with the ,constitution of the ,united ,states4 7#b7 ,the number of ,representatives to be elected from any district may not be fewer than #c or greater than #e4 #bjb4 ,requiring certain ,states to elect all ,representatives at large ,if a ,state is entitled to #e or fewer ,representatives in ,congress under an apportionment made under section #bb7;a7 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;a7a771 the ,state shall elect all such ,representatives at large4 #bjc4 ,establishing minimum number of candidates in general election 7a7 ,states ,with ,partisan ,nominating ,primaries 7#a7 ,in general ,if1 in a primary election for the office of ,representative1 the identification and number of candidates who will advance to the general election for such office is based on the candidates' political party preferences 7without regard to whether or not the election is open or closed to voters on the basis of political party preference71 the ,state shall ensure that the number of candidates in the election who advance to the general election for the office with a particular political party preference is equal to the number of ,representatives who will be elected from the district involved4 7#b7 ,authority of political parties to determine number of candidates advancing in multi-seat elections ,notwithstanding paragraph 7#a71 in the case of a primary election described in such paragraph which is a multi-seat primary election1 a ,state may permit a political party to adopt a rule that provides for such number of candidates of that political party to advance to the general election as the party considers appropriate1 so long as the number is not less than #b4 7#c7 ,multi-seat primary election defined ,in this subsection1 the term multi-seat primary election means a primary election held to select the candidates for a general election in which more than one ,representative shall be elected4 7b7 ,states ,with ,nonpartisan ,nominating ,primaries 7#a7 ,number of candidates ,if a ,state uses a nonpartisan nominating primary election to determine which candidates will advance to the general election for the office of ,representative1 the ,state shall ensure that the number of candidates who advance to the general election for the office is not less than the greater of-- 7,a7 #e2 7,b7 twice the number of ,representatives who will be elected from the district involved2 or 7,c7 such greater number as the ,state may establish by law4 7#b7 ,nonpartisan nominating primary election defined ,in this subsection1 a nonpartisan nominating primary election is a primary election for the office of ,representative under which-- 7,a7 each candidate for such office1 regardless of the candidate's political party preference or lack thereof1 shall appear on a single ballot2 7,b7 each voter in the ,state who is eligible to vote in elections for ,federal office in the district involved may cast a ballot in the election1 regardless of the voter's political party preference or lack thereof2 and 7,c7 the identification and number of candidates who advance to the general election for the office is determined without regard to the candidates' political party preferences or lack thereof4 7c7 ,exception for ,states not holding primary elections prior to date of regularly scheduled general elections ,this section does not apply in the case of a ,state that does not hold primary elections for the office of ,representative prior to the date established under section #be of ,revised ,statutes of the ,united ,states 7#b ,u4,s4,c4 #g7 for the regularly scheduled general election for such offices4 #bjd4 ,conforming amendments ,the following provisions of law are hereby repealed3 7#a7 ,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;a7c774 7#b7 ,the ,act entitled ,an ,act for the relief of ,doctor ,ricardo ,vallejo ,samala and to provide for congressional redistricting1 approved ,december #ad1 #aifg 7#b ,u4,s4,c4 #b;c74 7#c7 ,section #e of the ,act entitled ,an ,act ,for the apportionment of ,representatives in ,congress among the several ,states under the ,thirteenth ,census1 approved ,august #h1 #aiaa 7#b ,u4,s4,c4 #e74 #bje4 ,effective date ,this title and the amendments made by this title shall apply with respect to the ,one ,hundred ,seventeenth ,congress and each subsequent ,congress4 ,,iii ,requirements for ,congressional ,redistricting ,a ,general ,requirements #cja4 ,limit on ,congressional redistricting after an apportionment ,a ,state which has been redistricted in the manner provided by law after an apportionment under section #bb7;a7 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 may not be redistricted again until after the next apportionment of ,representatives under such section1 unless a court requires the ,state to conduct such subsequent redistricting to comply with the ,constitution1 to enforce the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq471 to comply with this ,act1 or to comply with any other applicable ,federal law4 #cjb4 ,requiring ,congressional redistricting to be conducted through plan of independent ,state commission ,notwithstanding any other provision of law1 any ,congressional redistricting conducted by a ,state shall be conducted in accordance with-- 7#a7 the redistricting plan developed and enacted into law by the independent redistricting commission established in the ,state1 in accordance with subtitle ,b2 or 7#b7 if a plan developed by such commission is not enacted into law1 the redistricting plan developed and enacted into law by a #c-;judge court of the ,united ,states ,district ,court for the ,district of ,columbia1 in accordance with section #cja4 ,b ,independent ,redistricting ,commissions #caa4 ,independent redistricting commission 7a7 ,appointment of members 7#a7 ,in general ,the nonpartisan agency established or designated by a ,state under section #cad7;a7 shall establish an independent redistricting commission for the ,state1 which shall consist of #ab members appointed by the agency as follows3 7,a7 ,the agency shall appoint #d members on a random basis from the majority category of the approved selection pool 7as described in section #cab7;b77#a77;,a774 7,b7 ,the agency shall appoint #d members on a random basis from the minority category of the approved selection pool 7as described in section #cab7;b77#a77;,b774 7,c7 ,the agency shall appoint #d members on a random basis from the independent category of the approved selection pool 7as described in section #cab7;b77#a77;,c774 7#b7 ,appointment of alternates to serve in case of vacancies ,at the time the agency appoints the members of the independent redistricting commission under paragraph 7#a7 from each of the categories referred to in such paragraph1 the agency shall1 on a random basis1 designate #b other individuals from such category to serve as alternate members who may be appointed to fill vacancies in the commission in accordance with paragraph 7#c74 7#c7 ,vacancy ,if a vacancy occurs in the commission with respect to a member who was appointed from one of the categories referred to in paragraph 7#a71 the nonpartisan agency shall fill the vacancy by appointing1 on a random basis1 one of the #b alternates from such category who was designated under paragraph 7#b74 ,at the time the agency appoints an alternate to fill a vacancy under the previous sentence1 the agency shall designate1 on a random basis1 another individual from the same category to serve as an alternate member1 in accordance with paragraph 7#b74 7b7 ,procedures for ,conducting ,commission ,business 7#a7 ,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 #cab7;b77#a77;,c7 to serve as chair of the commission4 ,the commission may not take any action to develop a redistricting plan for the ,state under section #cac until the appointment of the commission's chair4 7#b7 ,requiring majority approval for actions ,the independent redistricting commission of a ,state may not publish and disseminate any draft or final redistricting plan1 or take any other action1 without the approval of at least-- 7,a7 a majority of the whole membership of the commission2 and 7,b7 at least one member of the commission appointed from each of the categories of the approved selection pool described in section #cab7;b77#a74 7#c7 ,quorum ,a majority of the members of the commission shall constitute a quorum4 7c7 ,staff2 ,contractors 7#a7 ,staff ,the independent redistricting commission of a ,state may appoint and set the pay of such staff as it considers appropriate1 subject to ,state law4 7#b7 ,contractors ,the independent redistricting commission of a ,state may enter into such contracts with vendors as it considers appropriate1 subject to ,state law1 except that any such contract shall be valid only if approved by the vote of a majority of the members of the commission1 including at least one member appointed from each of the categories of the approved selection pool described in section #cab7;b77#a74 7#c7 ,goal of impartiality ,the commission shall take such steps as it considers appropriate to ensure that any staff appointed under this subsection1 and any vendor with whom the commission enters into a contract under this subsection1 will work in an impartial manner1 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 7including donations to candidates1 political committees1 and political parties7 as a condition of the appointment or the contract4 7d7 ,termination 7#a7 ,in general ,the independent redistricting commission of a ,state shall terminate on the earlier of-- 7,a7 ,june #ad of the following year ending in the numeral zero2 or 7,b7 the day on which the nonpartisan agency established or designated by a ,state under section #cad7;a7 has1 in accordance with section #cab7;b77#a71 submitted a selection pool to the ,select ,committee on ,redistricting for the ,state established under section #cad7;b74 7#b7 ,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 ,state4 #cab4 ,establishment of selection pool of individuals eligible to serve as members of commission 7a7 ,criteria for ,eligibility 7#a7 ,in general ,an individual is eligible to serve as a member of an independent redistricting commission if the individual meets each of the following criteria3 7,a7 ,as of the date of appointment1 the individual is registered to vote in elections for ,federal office held in the ,state4 7,b7 ,during the #c-year period ending on the date of the individual's appointment1 the individual has been continuously registered to vote with the same political party1 or has not been registered to vote with any political party4 7,c7 ,the individual submits to the nonpartisan agency established or designated by a ,state under section #cac1 at such time and in such form as the agency may require1 an application for inclusion in the selection pool under this section1 and includes with the application a written statement containing the following information and assurances3 7i7 ,a statement of the political party with which the individual is affiliated1 if any4 7ii7 ,an assurance that the individual shall commit to carrying out the individual's duties under this title in an honest1 independent1 and impartial fashion1 and to upholding public confidence in the integrity of the redistricting process4 7iii7 ,an assurance that1 during the covered periods described in paragraph 7#c71 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 7#b74 7#b7 ,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 7#c73 7,a7 ,the individual or 7in the case of the covered periods described in subparagraphs 7,a7 and 7,b7 of paragraph 7#c77 an immediate family member of the individual holds public office or is a candidate for election for public office4 7,b7 ,the individual or 7in the case of the covered periods described in subparagraphs 7,a7 and 7,b7 of paragraph 7#c77 an immediate family member of the individual serves as an officer of a political party or as an officer1 employee1 or paid consultant of a campaign committee of a candidate for public office4 7,c7 ,the individual or 7in the case of the covered periods described in subparagraphs 7,a7 and 7,b7 of paragraph 7#c77 an immediate family member of the individual holds a position as a registered lobbyist under the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afja et seq47 or an equivalent ,state or local law4 7,d7 ,the individual or 7in the case of the covered periods described in subparagraphs 7,a7 and 7,b7 of paragraph 7#c77 an immediate family member of the individual is an employee of an elected public official1 a contractor with the legislature of the ,state1 or a donor to the campaign of any candidate for public office 7other than a donor who1 during any of such covered periods1 gives an aggregate amount of #bj1jjj or less to the campaigns of all candidates for all public offices74 7#c7 ,covered periods described ,in this subsection1 the term covered period means1 with respect to the appointment of an individual to the commission1 any of the following3 7,a7 ,the #e-year period ending on the date of the individual's appointment4 7,b7 ,the period beginning on the date of the individual's appointment and ending on ,august #ad of the next year ending in the numeral one4 7,c7 ,the #e-year period beginning on the day after the last day of the period described in subparagraph 7,b74 7#d7 ,immediate family member defined ,in this subsection1 the term immediate family member means1 with respect to an individual1 a father1 stepfather1 mother1 stepmother1 son1 stepson1 daughter1 stepdaughter1 brother1 stepbrother1 sister1 stepsister1 husband1 wife1 father-in-law1 or mother-in-law4 7b7 ,development and ,submission of ,selection ,pool 7#a7 ,in general ,not later than ,june #ae of each year ending in the numeral zero1 the nonpartisan agency established or designated by a ,state under section #cad7;a7 shall develop and submit to the ,select ,committee on ,redistricting for the ,state established under section #cad7;b7 a selection pool of #cf individuals who are eligible to serve as members of the independent redistricting commission of the ,state under this title1 consisting of individuals in the following categories3 7,a7 ,a majority category1 consisting of #ab individuals who are affiliated with the political party with the largest percentage of the registered voters in the ,state who are affiliated with a political party 7as determined with respect to the most recent ,statewide election for ,federal office held in the ,state for which such information is available74 7,b7 ,a minority category1 consisting of #ab individuals who are affiliated with the political party with the second largest percentage of the registered voters in the ,state who are affiliated with a political party 7as so determined74 7,c7 ,an independent category1 consisting of #ab individuals who are not affiliated with either of the political parties described in subparagraph 7,a7 or subparagraph 7,b74 7#b7 ,factors taken into account in developing pool ,in selecting individuals for the selection pool under this subsection1 the nonpartisan agency shall-- 7,a7 to the maximum extent practicable1 ensure that the pool reflects the representative demographic groups 7including races1 ethnicities1 and genders7 and geographic regions of the ,state2 and 7,b7 take into consideration the analytical skills of the individuals selected in relevant fields 7including mapping1 data management1 law1 community outreach1 demography1 and the geography of the ,state7 and their ability to work on an impartial basis4 7#c7 ,determination of political party affiliation of individuals in selection pool ,for purposes of this section1 an individual shall be considered to be affiliated with a political party on the basis of the information the individual provides in the application submitted under subsection 7a77#a77;,d74 7#d7 ,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 commission1 including publicizing the role of the panel and using newspapers1 broadcast media1 and online sources1 including ethnic media1 to encourage individuals to apply for inclusion in the selection pool developed under this subsection4 7#e7 ,report on establishment of selection pool ,at the time the nonpartisan agency submits the selection pool to the ,select ,committee on ,redistricting under paragraph 7#a71 it shall publish a report describing the process by which the pool was developed1 and shall include in the report a description of how the individuals in the pool meet the eligibility criteria of subsection 7a7 and of how the pool reflects the factors the agency is required to take into consideration under paragraph 7#b74 7#f7 ,action by ,select ,committee 7,a7 ,in general ,not later than #ad days after receiving the selection pool from the nonpartisan agency under paragraph 7#a71 the ,select ,committee on ,redistricting shall-- 7i7 approve the pool as submitted by the nonpartisan agency1 in which case the pool shall be considered the approved selection pool for purposes of section #caa7;a77#a72 or 7ii7 reject the pool1 in which case the nonpartisan agency shall develop and submit a replacement selection pool in accordance with subsection 7c74 7,b7 ,inaction deemed rejection ,if the ,select ,committee on ,redistricting fails to approve or reject the pool within the deadline set forth in subparagraph 7,a71 the ,select ,committee shall be deemed to have rejected the pool for purposes of such subparagraph4 7c7 ,development of ,replacement ,selection ,pool 7#a7 ,in general ,if the ,select ,committee on ,redistricting rejects the selection pool submitted by the nonpartisan agency under subsection 7b71 not later than #ad days after the rejection1 the nonpartisan agency shall develop and submit to the ,select ,committee a replacement selection pool1 under the same terms and conditions that applied to the development and submission of the selection pool under paragraphs 7#a7 through 7#e7 of subsection 7b74 ,the replacement pool submitted under this paragraph may include individuals who were included in the rejected selection pool submitted under subsection 7b71 so long as at least one of the individuals in the replacement pool was not included in such rejected pool4 7#b7 ,action by ,select ,committee 7,a7 ,in general ,not later than #ad days after receiving the replacement selection pool from the nonpartisan agency under paragraph 7#a71 the ,select ,committee on ,redistricting shall-- 7i7 approve the pool as submitted by the nonpartisan agency1 in which case the pool shall be considered the approved selection pool for purposes of section #caa7;a77#a72 or 7ii7 reject the pool1 in which case the nonpartisan agency shall develop and submit a second replacement selection pool in accordance with subsection 7d74 7,b7 ,inaction deemed rejection ,if the ,select ,committee on ,redistricting fails to approve or reject the pool within the deadline set forth in subparagraph 7,a71 the ,select ,committee shall be deemed to have rejected the pool for purposes of such subparagraph4 7d7 ,development of ,second ,replacement ,selection ,pool 7#a7 ,in general ,if the ,select ,committee on ,redistricting rejects the replacement selection pool submitted by the nonpartisan agency under subsection 7c71 not later than #ad days after the rejection1 the nonpartisan agency shall develop and submit to the ,select ,committee a second replacement selection pool1 under the same terms and conditions that applied to the development and submission of the selection pool under paragraphs 7#a7 through 7#e7 of subsection 7b74 ,the second replacement selection pool submitted under this paragraph may include individuals who were included in the rejected selection pool submitted under subsection 7b7 or the rejected replacement selection pool submitted under subsection 7c71 so long as at least one of the individuals in the replacement pool was not included in either such rejected pool4 7#b7 ,action by ,select ,committee 7,a7 ,in general ,not later than #ad days after receiving the second replacement selection pool from the nonpartisan agency under paragraph 7#a71 the ,select ,committee on ,redistricting shall-- 7i7 approve the pool as submitted by the nonpartisan agency1 in which case the pool shall be considered the approved selection pool for purposes of section #caa7;a77#a72 or 7ii7 reject the pool1 in which case-- 7,i7 the nonpartisan agency shall not develop or submit any other selection pool for purposes of this title2 and 7,,ii7 the ,united ,states ,district ,court for the ,district of ,columbia shall develop and enact the redistricting plan for the ,state1 in accordance with section #cja4 7,b7 ,inaction deemed rejection ,if the ,select ,committee on ,redistricting fails to approve or reject the pool within the deadline set forth in subparagraph 7,a71 the ,select ,committee shall be deemed to have rejected the pool for purposes of such subparagraph4 #cac4 ,criteria for redistricting plan by independent commission2 public notice and input 7a7 ,development of redistricting plan 7#a7 ,criteria ,in addition to the criteria set forth in section #bja7;b71 the independent redistricting commission of a ,state shall develop a redistricting plan for the ,state in accordance with the following criteria1 prioritized according to the following order3 7,a7 ,to the extent practicable1 districts shall be contiguous 7except to the extent necessary to include any area which is surrounded by a body of water74 7,b7 ,districts shall be established in a manner consistent with the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq47 and other ,federal law4 7,c7 ,to the extent practicable1 districts shall reflect the diversity of political opinion in the ,state such that no district in the ,state-- 7i7 elects exactly #c ,representatives and the nominee of one political party for ,president received at least #ge percent of the votes cast in the geographic area covered by the district in #b of the #c most recent ,presidential elections2 7ii7 elects exactly #d ,representatives and the nominee of one political party for ,president received at least #hj percent of the votes cast in the geographic area covered by the district in #b of the #c most recent ,presidential elections2 or 7iii7 elects exactly #e ,representatives and the nominee of one political party for ,president received at least #hc percent of the votes cast in the geographic area covered by the district in #b of the #c most recent ,presidential elections4 7,d7 ,to the greatest extent practicable the ,state shall minimize the number of districts electing #d ,representatives4 7,e7 ,to the greatest extent practicable the ,state shall maximize the number of districts electing #e ,representatives4 7,f7 ,to the extent practicable1 district boundaries shall minimize the division of any community of interest1 municipality1 county1 or neighborhood4 ,for purposes of this subparagraph1 a community of interest is a contiguous population which shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation4 ,examples of such shared interests are those common to an urban area1 a rural area1 an industrial area1 or an agricultural area1 and those common to areas in which the people share similar living standards1 use the same transportation facilities1 have similar work opportunities1 or have access to the same media of communication relevant to the election process4 ,communities of interest shall not include relationships with political parties1 incumbent officeholders1 or political candidates4 7,g7 ,to the extent practicable1 districts shall be geographically compact such that nearby areas of population are not bypassed for more distant areas of population4 7,h7 ,to the extent practicable1 the boundaries of districts shall follow visible geographic features4 7#b7 ,prohibiting consideration of residence of ,member or other candidate ,in developing the redistricting plan for the ,state1 the independent redistricting commission may not take into consideration the residence of any ,member of the ,house of ,representatives or candidate4 7b7 ,public notice and input 7#a7 ,use of open and transparent process ,the independent redistricting commission of a ,state shall hold each of its meetings in public1 shall solicit and take into consideration comments from the public throughout the process of developing the redistricting plan for the ,state1 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 plans4 7#b7 ,website ,the commission shall maintain a public ,internet site which is not affiliated with or maintained by the office of any elected official and which includes the following features3 7,a7 ,general information on the commission and its members1 including contact information4 7,b7 ,an updated schedule of commission hearings and activities1 including deadlines for the submission of comments4 7,c7 ,all draft redistricting plans developed by the commission under subsection 7c7 and the final redistricting plan developed under subsection 7d74 7,d7 ,live streaming of commission hearings and an archive of previous meetings and other commission records4 7,e7 ,a method by which members of the public may submit comments directly to the commission4 7,f7 ,access to the demographic data used by the commission to develop the proposed redistricting plans1 together with any software used to draw maps of proposed districts4 7#c7 ,public comment period ,the commission shall solicit1 accept1 and consider comments from the public with respect to its duties1 activities1 and procedures at any time during the period-- 7,a7 which begins on ,january #a of the year ending in the numeral one2 and 7,b7 which ends #g 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 7d77#b74 7#d7 ,meetings and hearings in various geographic locations ,to the greatest extent practicable1 the commission shall hold its meetings and hearings in various geographic regions and locations throughout the ,state4 7c7 ,development and ,publication of ,preliminary ,redistricting ,plan 7#a7 ,in general ,prior to developing and publishing a final redistricting plan under subsection 7d71 the independent redistricting commission of a ,state shall develop and publish a preliminary redistricting plan4 7#b7 ,minimum public hearings prior to development 7,a7 #c hearings required ,prior to developing a preliminary redistricting plan under this subsection1 the commission shall hold not fewer than #c 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 subsection4 7,b7 ,minimum period for notice prior to hearings ,the commission shall notify the public through the website maintained under subsection 7b77#b71 as well as through publication of notice in newspapers of general circulation throughout the ,state1 of the date1 time1 and location of each of the hearings held under this paragraph not fewer than #ad days prior to the date of the hearing4 7#c7 ,publication of preliminary plan 7,a7 ,in general ,the commission shall post the preliminary redistricting plan developed under this subsection1 together with a report that includes the commission's responses to any public comments received under subsection 7b77#c71 on the website maintained under subsection 7b77#b71 and shall provide for the publication of each such plan in newspapers of general circulation throughout the ,state4 7,b7 ,minimum period for notice prior to publication ,not fewer than #ad days prior to the date on which the commission posts and publishes the preliminary plan under this paragraph1 the commission shall notify the public through the website maintained under subsection 7b77#b71 as well as through publication of notice in newspapers of general circulation throughout the ,state1 of the pending publication of the plan4 7#d7 ,minimum period for public comment after publication of plan ,the commission shall accept and consider comments from the public with respect to the preliminary redistricting plan published under paragraph 7#c7 for not fewer than #cj days after the date on which the plan is published4 7#e7 ,post-publication hearings 7,a7 #c hearings required ,after posting and publishing the preliminary redistricting plan under paragraph 7#c71 the commission shall hold not fewer than #c public hearings at which members of the public may provide input and comments regarding the preliminary plan4 7,b7 ,minimum period for notice prior to hearings ,the commission shall notify the public through the website maintained under subsection 7b77#b71 as well as through publication of notice in newspapers of general circulation throughout the ,state1 of the date1 time1 and location of each of the hearings held under this paragraph not fewer than #ad days prior to the date of the hearing4 7#f7 ,permitting multiple preliminary plans ,at the option of the commission1 after developing and publishing the preliminary redistricting plan under this subsection1 the commission may develop and publish subsequent preliminary redistricting plans1 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 plan4 7d7 ,process for ,enactment of ,final ,redistricting ,plan 7#a7 ,in general ,after taking into consideration comments from the public on any preliminary redistricting plan developed and published under subsection 7c71 the independent redistricting commission of a ,state shall develop and publish a final redistricting plan for the ,state4 7#b7 ,meeting2 final vote ,not later than ,august #ae of each year ending in the numeral one1 the commission shall hold a public hearing at which the members of the commission shall vote on approving the final plan for enactment into law4 7#c7 ,publication of plan and accompanying materials ,not fewer than #ad days before the date of the meeting under paragraph 7#b71 the commission shall provide the following information to the public through the website maintained under subsection 7b77#b71 as well as through newspapers of general circulation throughout the ,state3 7,a7 ,the final redistricting plan1 including all relevant maps4 7,b7 ,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 plan1 including responses to the public comments received on any preliminary redistricting plan developed and published under subsection 7c74 7,c7 ,any dissenting or additional views with respect to the plan of individual members of the commission4 7#d7 ,enactment ,the final redistricting plan developed and published under this subsection shall be deemed to be enacted into law if-- 7,a7 the plan is approved by a majority of the whole membership of the commission2 and 7,b7 at least one member of the commission appointed from each of the categories of the approved selection pool described in section #cab7;b77#a7 approves the plan4 7e7 ,deadline ,the independent redistricting commission of a ,state shall approve a final redistricting plan for the ,state not later than ,august #ae of each year ending in the numeral one4 #cad4 ,establishment of related entities 7a7 ,establishment or ,designation of ,nonpartisan ,agency of ,state ,legislature 7#a7 ,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 #caa4 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 legislative 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 appoint the members of the independent redistricting commission plan for the ,state under this title1 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 7#e7 ,deadline ,the ,state shall meet the requirements of this subsection not later than each ,august #ae of a year ending in the numeral nine4 7b7 ,establishment of ,select ,committee on ,redistricting 7#a7 ,in general ,each ,state shall appoint a ,select ,committee on ,redistricting to approve or disapprove a selection pool developed by the nonpartisan agency under section #cab4 7#b7 ,appointment ,the ,select ,committee on ,redistricting for a ,state under this subsection shall consist of the following members3 7,a7 #a member of the upper house of the ,state legislature1 who shall be appointed by the leader of the party with the greatest number of seats in the upper house4 7,b7 #a member of the upper house of the ,state legislature1 who shall be appointed by the leader of the party with the second greatest number of seats in the upper house4 7,c7 #a member of the lower house of the ,state legislature1 who shall be appointed by the leader of the party with the greatest number of seats in the lower house4 7,d7 #a member of the lower house of the ,state legislature1 who shall be appointed by the leader of the party with the second greatest number of seats in the lower house4 7#c7 ,special rule for ,states with unicameral legislature ,in the case of a ,state with a unicameral legislature1 the ,select ,committee on ,redistricting for the ,state under this subsection shall consist of the following members3 7,a7 #b members of the ,state legislature appointed by the leader of the party with the greatest number of seats in the legislature4 7,b7 #b members of the ,state legislature appointed by the leader of the party with the second greatest number of seats in legislature4 7#d7 ,deadline ,the ,state shall meet the requirements of this subsection not later than each ,january #ae of a year ending in the numeral zero4 ,c ,role of ,courts in ,development of ,redistricting ,plans #cba4 ,enactment of plan developed by #c-;judge court 7a7 ,development of ,plan ,if any of the triggering events described in subsection 7c7 occur with respect to a ,state-- 7#a7 not later than ,december #ae of the year in which the triggering event occurs1 the ,united ,states ,district ,court for the ,district of ,columbia1 acting through a #c-;judge court convened pursuant to section #bbhd of title #bh1 ,united ,states ,code1 shall develop and publish the congressional redistricting plan for the ,state2 and 7#b7 the plan developed and published by the ,court under this subsection shall be deemed to be enacted on the date on which the ,court publishes the plan4 7b7 ,procedures for ,development of ,plan 7#a7 ,criteria ,it is the sense of ,congress that1 in developing a redistricting plan for a ,state under this section1 the ,court should adhere to the same terms and conditions that applied 7or that would have applied1 as the case may be7 to the development of a plan by the independent redistricting commission of the ,state under section #cac7;a74 7#b7 ,access to information and records of commission ,the ,court shall have access to any information1 data1 software1 or other records and material that was used 7or that would have been used1 as the case may be7 by the independent redistricting commission of the ,state in carrying out its duties under this title4 7c7 ,triggering ,events ,described ,the triggering events described in this subsection are as follows3 7#a7 ,the failure of the ,state to establish or designate a nonpartisan agency of the ,state legislature under section #cad7;a7 prior to the expiration of the deadline set forth in section #cad7;a77#e74 7#b7 ,the failure of the ,state to appoint a ,select ,committee on ,redistricting under section #cad7;b7 prior to the expiration of the deadline set forth in section #cad7;b77#d74 7#c7 ,the failure of the ,select ,committee on ,redistricting to approve any selection pool under section #cab prior to the expiration of the deadline set forth for the approval of the second replacement selection pool in section #cab7;d77#b74 7#d7 ,the failure of the independent redistricting commission of the ,state to approve a final redistricting plan for the ,state prior to the expiration of the deadline set forth in section #cac7;e74 #cbb4 ,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 #aife1 section #cac shall apply with respect to the redistricting1 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 ,state4 ,d ,administrative and ,miscellaneous ,provisions #cca4 ,payments to ,states for carrying out redistricting 7a7 ,authorization of payments ,subject to subsections 7c7 and 7d71 not later than #cj days after a ,state receives a ,state apportionment notice1 the ,election ,assistance ,commission shall make a payment to the ,state in an amount equal to the product of-- 7#a7 the number of ,representatives to which the ,state is entitled1 as provided under the notice2 and 7#b7 #aej1jjj4 7b7 ,use of funds ,a ,state shall use the payment made under this section to establish and operate the ,state's independent redistricting commission1 to implement the ,state redistricting plan1 and to otherwise carry out ,congressional redistricting in the ,state4 7c7 ,no payment to ,states ,electing ,members at ,large ,the ,election ,assistance ,commission shall not make a payment under this section to any ,state which1 under the apportionment notice1 will elect all of its ,representatives at large4 7d7 ,requiring ,submission of ,selection ,pool as ,condition of ,payment ,the ,election ,assistance ,commission may not make a payment to a ,state under this section until the ,state certifies to the ,commission that the nonpartisan agency established or designated by a ,state under section #cad7;a7 has1 in accordance with section #cab7;b77#a71 submitted a selection pool to the ,select ,committee on ,redistricting for the ,state established under section #cad7;b74 7e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary for payments under this section4 #ccb4 ,civil enforcement 7a7 ,civil ,enforcement 7#a7 ,actions by ,attorney ,general ,the ,attorney ,general may bring a civil action in an appropriate district court for such relief as may be appropriate to carry out this title4 7#b7 ,availability of private right of action ,any citizen of a ,state who is aggrieved by the failure of the ,state redistricting plan which is enacted into law under section #cac to meet the requirements for such a plan under this title may bring a civil action in an appropriate district court for such relief as may be appropriate to remedy the failure1 so long as the individual brings the action during the #de-;day period which begins on the date on which the plan is enacted into law4 7b7 ,expedited ,consideration ,in any action brought forth under this section1 the following rules shall apply3 7#a7 ,the action shall be filed in the ,united ,states ,district ,court for the ,district of ,columbia and shall be heard by a #c-;judge court convened pursuant to section #bbhd of title #bh1 ,united ,states ,code4 7#b7 ,the #c-;judge court shall consolidate actions brought for relief under subsection 7b77#a7 with respect to the same ,state redistricting plan4 7#c7 ,a copy of the complaint shall be delivered promptly to the ,clerk of the ,house of ,representatives and the ,secretary of the ,senate4 7#d7 ,a final decision in the action shall be reviewable only by appeal directly to the ,supreme ,court of the ,united ,states4 ,such appeal shall be taken by the filing of a notice of appeal within #aj days1 and the filing of a jurisdictional statement within #cj days1 of the entry of the final decision4 7#e7 ,it shall be the duty of the district court and the ,supreme ,court of the ,united ,states to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal4 7c7 ,attorney's ,fees ,in a civil action under this section1 the court may allow the prevailing party 7other than the ,united ,states7 reasonable attorney fees1 including litigation expenses1 and costs4 7d7 ,relation to ,other ,laws 7#a7 ,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 law1 and neither the rights and remedies established by this section nor any other provision of this title shall supersede1 restrict1 or limit the application of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq474 7#b7 ,voting ,rights ,act of #aife ,nothing in this title authorizes or requires conduct that is prohibited by the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq474 #ccc4 ,state apportionment notice defined ,in this title1 the ,state apportionment notice means1 with respect to a ,state1 the notice sent to the ,state 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;a7b771 of the number of ,representatives to which the ,state is entitled4 ,,iv ,general ,provisions #dja4 ,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 #djb4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or the application of a provision of this ,act or an amendment made by this ,act to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 and the application of the provisions to any person or circumstance1 shall not be affected by the holding4 #djc4 ,effective date 7a7 ,redistricting ,title ,,iii and the amendments made by such title shall apply with respect to redistricting carried out pursuant to the decennial census conducted during #bjbj or any succeeding decennial census4 7b7 ,ranked ,choice ,voting2 ,use of ,multi-,member ,districts ,titles ,i and ,,ii and the amendments made by such titles shall apply with respect to elections for ,federal office held in #bjbb and each succeeding year4