,,ii  #aafth ,,congress  #ast ,session  
,s4 #aigb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #be1     
#bjai,mr4 ,bennet introduced the        
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to create a more
 representative and accountable         
,congress by prohibiting partisan       
gerrymandering and ensuring that any    
redistricting of congressional district 
boundaries results in fair1 effective1  
and accountable representation for all  
people4  #a4 ,short title ,this ,act may
 be cited as the ,fair ,maps ,act of    
#bjai4  #b4 ,findings ,congress finds   
the following3 7#a7 ,democracy in the   
,united ,states is rooted in the notion 
of actual representation and a rejection
 of the earlier ,british concept of     
virtual representation4 ,in #aggf1 in   
,thoughts on ,government1 ,john ,adams  
wrote that a legislative assembly       
8should be in miniature1 an exact       
portrait of the people at large404      

,thomas ,paine argued in ,common ,sense 
that a legislature should act 8in the   
same manner as the whole body of the    
people would act were they present404   
,at the ,constitutional ,convention1    
both ,federalists and ,anti-,federalists
 agreed4 ,federalist ,james ,wilson     
declared1 for example1 that the new     
,house of ,representatives 8ought to be 
the most exact transcript of the whole  
,society01 while his counterpart ,george
 ,mason argued that the 8requisites in  
actual representation are that the      
,reps4 should sympathize with their     
constituents2 shd4 think as they think1 
feel as they feel404  7#b7 ,the ,supreme
 ,court made clear in ,reynolds v4      
,sims1 #cgg ,u4,s4 #ecc 7#aifd71 that   
the objective of redistricting is to    
achieve fair and effective              
representation for all1 that            
legislatures should be bodies which are 
collectively responsive to the popular  
will1 and that the ,constitution        
guarantees the opportunity for equal    

participation by all voters4  7#c7      
,partisan gerrymandering is incompatible
 with democratic principles at the      
foundation of the ,republic4 ,the       
drawing of electoral districts to       
benefit or disadvantage certain         
political parties denies people fair1   
effective1 and accountable              
representation by allowing              
representatives to choose their voters  
rather than voters to choose their      
representatives4  7#d7 ,in ,davis v4    
,bandemer1 #dgh ,u4,s4 #aji 7#aihf71 the
 ,supreme ,court explained that it has  
8repeatedly stated that districting that
 would #8operate to minimize or cancel  
out the voting strength of racial or    
political elements of the voting        
population' would raise a constitutional
 question04  7#e7 ,the ,constitution of 
the ,united ,states empowers ,congress  
to ensure that congressional districting
 promotes fair1 effective1 and          
accountable representation for all      
people1 as demonstrated in--  7,a7      

article ,i1 section #b1 clause #a1 of   
the ,constitution of the ,united        
,states2  7,b7 article ,i1 section #d1  
clause #a1 of the ,constitution of the  
,united ,states2  7,c7 article ,i1      
section #e1 clause #a1 of the           
,constitution of the ,united ,states2   
7,d7 section #e of the ,fourteenth      
,amendment to the ,constitution of the  
,united ,states2 and  7,e7 section #b of
 the ,fifteenth ,amendment to the       
,constitution of the ,united ,states4   
7#f7 ,in ,vieth v4 ,jubelirer1 #eda     
,u4,s4 #bfg 7#bjjd71 the ,supreme ,court
 recognized that the ,framers provided a
 remedy for partisan gerrymandering in  
the ,constitution through the power     
bestowed on ,congress to regulate       
elections1 and ''' to restrain the      
practice of political gerrymandering44  
7#g7 ,this power has not lain dormant1  
as ,congress has repeatedly exercised   
its authority under article ,i1 section 
#d to regulate congressional districting
 criteria when ,congress passed the     

,apportionment ,act of #ahdb 7#e ,stat4 
#dia71 the ,apportionment ,act of #ahfb 
7#ab ,stat4 #egb71 the ,apportionment   
,act of #ahgb 7#ag ,stat4 #bh71 the     
,apportionment ,act of #aija 7#ca ,stat4
 #gcc71 the ,apportionment ,act of #aiaa
 7#cg ,stat4 #ac71 the ,apportionment   
,act of #aida 7#ee ,stat4 #gfa71 and the
 #aifg amendment to the ,apportionment  
,act of #aibi 7,public ,law #ij-aif74   
#c4 ,districting criteria  7a7 ,required
 criteria ,following each ,federal      
decennial census of population1 each    
,state with more than one congressional 
district shall establish or alter the   
boundaries of each congressional        
district of the ,state 7referred to in  
this ,act as a districting plan7 in     
accordance with each of the following   
criteria3  7#a7 ,districts shall comply 
with the ,united ,states ,constitution1 
including the requirement that they     
equalize total population4  7#b7        
,districts shall comply with the ,voting
 ,rights ,act of #aife 7#eb ,u4,s4,c4   

#ajcja et seq474  7#c7 ,districts shall 
provide racial1 ethnic1 and language    
minorities with an equal opportunity to 
participate in the political process and
 to elect candidates of choice and shall
 not dilute or diminish their ability to
 elect candidates of choice whether     
alone or in coalition with others4  7#d7
 ,districts shall respect communities of
 interest1 neighborhoods1 and political 
subdivisions to the extent practicable4 
,a community of interest is defined as  
an area with recognized similarities of 
interests1 including ethnic1 racial1    
economic1 social1 cultural1 geographic1 
or historic identities4 ,communities of 
interest may1 in certain circumstances1 
include political subdivisions such as  
counties1 municipalities1 or school     
districts1 but shall not include common 
relationships with political parties or 
political candidates4  7b7 ,prohibited  
criteria ,except to the extent necessary
 to comply with subsection 7a77#b7 and  
7#c7 and section #d1 in establishing or 

altering the boundaries of any          
congressional district of a ,state1 the 
,state may not consider the following   
criteria3  7#a7 ,the political party    
registration or affiliation of the      
residents of the ,state4  7#b7 ,the     
voting history of the residents of the  
,state4  7#c7 ,the election results of  
the precincts of the ,state4  7#d7 ,the 
place of residence of any incumbent1    
political candidate1 or potential       
political candidate4  7c7 ,permissible  
criteria ,a ,state may consider other   
criteria1 in addition to the required   
criteria under subsection 7a71 in       
establishing or altering the boundaries 
of its congressional districts1 to the  
extent such other criteria do not       
conflict with the requirements of this  
section or result in a violation of     
section #d4 ,the permissible criteria   
under this subsection may include any of
 the following3  7#a7 ,geographic       
contiguity and compactness4  7#b7       
,respect for counties1 cities1 and other

 political subdivisions4  #d4           
,prohibition on partisan gerrymandering 
,a ,state shall not establish a         
districting plan that has the purpose   
or1 except as necessary to comply with  
paragraphs 7#a7 through 7#c7 of section 
#c7;a71 will have the effect of unduly  
favoring or disfavoring any political   
party4  #e4 ,enforcement and remedies   
7a7 ,right of action  7#a7 ,in general  
,any eligible voter of a ,state may     
bring a civil action before a #c-;judge 
court convened in accordance with       
section #bbhd of title #bh1 ,united     
,states ,code1 for a violation of       
section #c or #d4  7#b7 ,court order ,a 
court in a civil action under this      
subsection-- 7,a7 may issue an order--  
7i7 invalidating the districting plan of
 such ,state on the grounds that the    
plan violates section #c or #d2 and     
7ii7 enjoining the use of that          
districting plan and requiring the      
,state to develop a remedial districting
 plan that does not violate section #c  

or #d in accordance with subsection 7b72
  7,b7 shall consider any violation of  
section #c to be probative evidence that
 the districting plan has the purpose of
 unduly favoring or disfavoring a       
political party in contravention of     
section #d2 and  7,c7 in connection with
 an asserted claim of a violation of    
section #d1 may consider1 among other   
things1 statistical evidence of the     
extent and durability of partisan bias1 
electoral responsiveness1 and the       
ability of each party to translate votes
 into seat share4  7b7 ,remedies related
 to prohibited partisan gerrymandering  
,in remedying a violation of section #d1
 a court shall apply the following3 7#a7
 ,if the court finds that the ,state has
 established a districting plan with the
 purpose of unduly favoring or          
disfavoring a political party1 the court
 shall appoint a special master or panel
 of special masters to develop a        
remedial districting plan1 which shall  
be approved by the court before taking  

effect4  7#b7 ,if the court finds that  
the ,state has established a districting
 plan that will have the effect1 but    
does not have the purpose1 of unduly    
favoring or disfavoring a political     
party1 the court may1 in its            
discretion--  7,a7 appoint a special    
master or panel of special masters to   
develop a remedial districting plan1    
which shall be approved by the court    
before taking effect2 or  7,b7 allow the
 ,state the opportunity to develop a    
remedial districting plan1 which shall  
be approved by the court before taking  
effect4  7c7 ,adoption of remedial maps 
,any remedial districting plan shall    
comply with the requirements of section 
#c and #d and shall not become effective
 until approved by the court after an   
evidentiary hearing at which members of 
the public may appear and present       
evidence1 including expert testimony    
with respect to the compliance of the   
remedial plan with all of the provisions
 of the ,act4  7d7 ,remedy pending      

appeal ,notwithstanding the pendency of 
any appeal of an order finding a        
violation of section #c or #d1 no stay  
shall be issued which shall bar the     
development and adoption of a remedial  
districting plan1 whether developed by  
the ,state or by the special master or  
panel of special masters 7as the case   
may be71 pending such appeal4  7e7      
,interim plan ,in the event that an     
upcoming ,federal election requires an  
interim districting plan to be used in  
such election1 nothing shall be         
construed to limit the authority of the 
court to modify such interim districting
 plan in the future or shall be         
interpreted as limiting the right of    
citizens of the ,state to obtain other  
or further relief in connection with the
 ,state's enacted plan4 ,the agreement  
of a ,state to interim relief or the    
adoption by a ,state of an alternative  
plan shall not--  7#a7 moot or          
invalidate a finding that a districting 
plan is the result of intentional       

discrimination against voters on the    
basis of race1 ethnicity1 or partisan   
affiliation2 or  7#b7 impair the right  
of voters to seek other relief under    
applicable law for such discriminatory  
action1 including under section #c7;c7  
of the ,voting ,rights ,act of #aife    
7#eb ,u4,s4,c4 #ajcjb7;c774  7f7        
,legislative privilege ,no person1      
legislature1 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 challenge1 under either     
,state or ,federal law1 to a districting
 plan4  #f4 ,safe harbor ,with respect  
to any claim under section #d1 a        
,state's enacted congressional          
districting plan shall have a rebuttable
 presumption of validity if that plan   
was created by a nonpartisan or         
bipartisan redistricting commission1    
where support from members of more than 
one political party and1 if applicable1 
nonaffiliated members1 is required to   

approve a districting plan4  #g4        
,transparency and reporting  7a7 ,data  
,each ,state shall provide public       
access1 in an easily useable format1 to 
the demographic data and shape files    
used by the ,state to develop and       
analyze proposed districting plans4  7b7
 ,notice ,prior to considering a        
congressional districting plan1 the     
mapdrawing authority of a ,state shall  
hold one or more public hearings on such
 plan after giving notice of not less   
than #aj days1 including on a website   
maintained by the ,state1 of the        
mapdrawing authority's intent to hold   
such hearings4 ,the mapdrawing authority
 of a ,state shall accept comments on   
all congressional districting plans so  
noticed as well as alternative map      
proposals covering all or part of a     
,state and make all such comments and   
alternative map proposals publicly      
available on a website maintained by the
 ,state4  7c7 ,report ,any proposed     
congressional districting plan to be    

voted on by the mapdrawing authority of 
a ,state shall be accompanied by a      
written report1 made available to the   
public not less than #gb hours before   
any initial vote1 describing how the    
proposed plan satisfies the requirements
 of section #c and #d1 including an     
evaluation of the districting plan under
 multiple accepted measures of partisan 
fairness4  #h4 ,prohibition on          
mid-decade districting ,a ,state that   
has an approved remedial districting    
plan in accordance with section #e may  
not be redistricted again until after   
the next apportionment of               
,representatives under section #bb7;a7  
of the ,act entitled 8,an ,act to       
provide for the fifteenth and subsequent
 decennial censuses and to provide for  
an apportionment of ,representatives in 
,congress01 approved ,june #ah1 #aibi   
7#b ,u4,s4,c4 #b;a71 unless a court     
requires the ,state to conduct such     
subsequent redistricting to comply with 
the ,constitution of the ,united        

,states1 the ,voting ,rights ,act of    
#aife 7#eb ,u4,s4,c4 #ajcja et seq471   
the ,constitution of the ,state1 or the 
terms or conditions of this ,act4  #i4  
,other laws  7a7 ,no preemption ,nothing
 in this ,act shall be construed to     
preempt any cause of action under ,state
 law1 or limit or abrogate any cause of 
action under ,federal law4  7b7 ,voting 
,rights ,act ,nothing in this ,act shall
 be construed to preempt or alter any   
provision of the ,voting ,rights ,act of
 #aife 7#eb ,u4,s4,c4 #ajcja et seq474  
#aj4 ,severability ,if any provision of 
this ,act or the application of such    
provision to any person or circumstance 
is held to be unconstitutional1 the     
remainder of this ,act and the          
application of the provision to any     
other person or circumstance shall not  
be affected4