,i  #aaith ,,congress  #ast ,session    
,h4 ,r4 #dfcb  ,,in ,,the ,,house ,,of  
,,representatives  ,july #bc1 #bjbe,mr4 
,beyer 7for himself1 ,mr4 ,raskin1 ,mr4 
,peters1 ,mr4 ,mc,govern1 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 ,senators and   
,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 according to
 nonpartisan criteria1 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 ,senators and           
,representatives4 ,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 ,election of representatives at   
large in certain ,states4 ,sec4 #bjc4   
,establishing minimum number of         
candidates in general election4 ,sec4   
#bjd4 ,conforming amendments4 ,sec4     
#bje4 ,prohibition on winner-take-all   
elections4 ,sec4 #bjf4 ,exception for   
,states in which use of multi-member or 
at large districts will result in       

diminishment of voting rights4 ,sec4    
#bjg4 ,effective date4 ,title           
,,iii--,nonpartisan ,redistricting      
,reform ,sec4 #cja4 ,requiring          
congressional redistricting plans to    
comply with nonpartisan criteria4 ,sec4 
#cjb4 ,ban on mid-decade redistricting4 
,sec4 #cjc4 ,criteria for redistricting4
 ,sec4 #cjd4 ,development of plan4 ,sec4
 #cje4 ,failure by ,state to enact plan4
 ,sec4 #cjf4 ,civil enforcement4 ,sec4  
#cjg4 ,effective date4 ,title           
,,iv--,general ,provisions ,sec4 #dja4  
,no effect on elections for ,state and  
local office4 ,sec4 #djb4 ,severability4
  #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 ,senate 
and ,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 ,senators and ,members of
 the ,house of ,representatives2  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 number2 and  7#c7 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 #a of such amendment1 including 
protections against excessive partisan  
gerrymandering that ,federal courts have
 not enforced because they understand   
such enforcement to be committed to     
,congress by the ,constitution4  ,i     
,ranked ,choice ,voting  #aja4          

,requiring ranked choice voting for     
election of ,senators and               
,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        
,senators and ,representatives  #cba4   
,requiring ranked choice voting for     
election of ,senators and               
,representatives  7a7 ,ranked choice    
voting ,except as provided in section   
#bje of the ,fair ,representation ,act1 
each ,state shall carry out elections   
for the office of ,senator and the      
office of ,representative in ,congress  
using ranked choice voting1 a system    
under which each voter may rank the     
candidates for the office in the order  
of the voter's preference1 and ballots  
are tabulated1 in accordance with the   
following3  7#a7 ,in any single-seat    
election and any election for the office

 of ,senator1 the ,state shall carry out
 the election using single-seat ranked  
choice voting as described in section   
#cbb7;a74  7#b7 ,in any multi-seat      
election1 the ,state shall carry out the
 election using multi-seat ranked choice
 voting as described in section         
#cbb7;b74  7b7 ,ballot design  7#a7 ,in 
general ,each ,state shall ensure that  
the ballot used in an ranked choice     
voting election under this title meets  
each of the following requirements3 7,a7
 ,the ballot shall allow voters to rank 
candidates in order of choice4  7,b7    
,the number of candidates whom a voter  
may rank in the election1 as determined 
under paragraph 7#b71 shall be uniform  
for all voters in the election within   
the ,state4  7,c7 ,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  7,d7 ,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  7#b7 ,determination of number  
of candidates voter may rank ,the number
 of candidates a voter may rank in a    
ranked choice voting election shall be  
determined as follows3  7,a7 ,if        
feasible1 the ballot shall permit voters
 to rank a number of candidates in the  
election which is not fewer than the    
number of seats in the election plus #d4
  7,b7 ,if the number of candidates in  
the election is less than the number of 
ranking provided under subparagraph     
7,a71 the ballot shall permit voters to 
rank a number of candidates which is not
 fewer than the number of candidates in 
the election1 including write-in        
candidates4  7,c7 ,if it is not feasible
 for the ballot to permit voters to rank
 as many candidates as required under   
subparagraphs 7,a7 or 7,b71 the ,state  
may limit the number of candidates who  
may be ranked for each election on the  
ballot to a maximum feasible number     

established by the ,state1 except that  
such number may not be less than #e for 
any election on the ballot4  #cbb4      
,tabulation of ballots  7a7 ,tabulation 
for single-,seat congressional elections
  7#a7 ,process for tabulation ,in the  
case of a single-seat election1 each    
ballot cast in the election shall count 
as one vote for the highest-ranked      
active candidate on the ballot4         
,tabulation shall proceed in rounds as  
described in paragraphs 7#b7 and 7#c74  
7#b7 ,elimination of candidates during  
tabulation ,if there are more than two  
active candidates1 the active candidate 
with the fewest votes is eliminated1    
each vote cast on a ballot for the      
eliminated candidate shall be counted   
for the next-ranked active candidate on 
the ballot1 and a new round shall begin4
  7#c7 ,completion of tabulation2       
election of candidate ,when there are   
two or fewer active candidates--  7,a7  
tabulation is complete2 and  7,b7 the   
candidate receiving the greatest number 

of votes shall be elected to the office 
of ,senator or ,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 involved74  
7b7 ,tabulation for multi-,seat         
congressional elections -- 7#a7 ,process
 for tabulation ,in the case of a       
multi-seat election1 each ballot cast in
 the election shall count at its current
 transfer value for the highest-ranked  
active candidate on the ballot4         
,tabulation shall proceed as described  
in paragraphs 7#b71 7#c71 and 7#d74     
7#b7 ,election of candidates during     
tabulation2 surplus-transfer round ,if  
any active candidate has a number of    
votes greater than or equal to the      
election threshold1 that candidate shall
 be designated as elected1 and the      
surplus votes shall be transferred to   
other candidates as follows3 7,a7       
,unless paragraph 7#d7 applies1 each    
ballot counting for an elected candidate

 shall be assigned a new transfer value 
by multiplying the ballot's current     
transfer value by the surplus fraction  
for the elected candidate1 truncated    
after #d decimal places4  7,b7 ,each    
candidate elected under this paragraph  
shall be deemed to have a number of     
votes equal to the election threshold   
for the contest in all future rounds1   
each ballot counting towards the elected
 candidate shall be transferred at its  
new transfer value to its next-ranked   
active candidate1 and a new round shall 
begin4  7,c7 ,if two or more candidates 
have a number of votes greater than the 
election threshold1 the surpluses shall 
be distributed simultaneously in the    
same round4  7#c7 ,elimination of       
candidates during tabulation2           
elimination round ,unless paragraph 7#b7
 or paragraph 7#d7 applies1 the active  
candidate with the fewest votes is      
eliminated1 each vote cast on a ballot  
for the eliminated candidate shall be   
counted for the next-ranked active      

candidate on the ballot1 and a new round
 shall begin4  7#d7 ,completion of      
tabulation ,tabulation in a multi-seat  
election is complete if--  7,a7 the     
number of elected candidates is equal to
 the number of seats to be filled and   
any remaining votes in excess of the    
election threshold have been counted for
 each ballot's next-ranked active       
candidate2 or  7,b7 the sum of the      
number of elected candidates and the    
number of active candidates is less than
 or equal to the number of seats to be  
filled at any time4  7c7 ,treatment of  
certain ballots  7#a7 ,treatment of     
undervotes ,a ballot which is an        
undervote shall not be counted in any   
round of tabulation of ballots in an    
election under this section4 ,for       
purposes of this paragraph1 an undervote
 is a ballot for which the voter does   
not rank any of the candidates in the   
election4  7#b7 ,treatment of inactive  
ballots  7,a7 ,in general ,a ballot     
which becomes an inactive ballot shall  

no longer count for any candidate for   
the remainder of the tabulation of      
ballots in an election under this       
section after the ballot becomes        
inactive4  7,b7 ,inactive ballot defined
 ,for purposes of this paragraph1 an    
inactive ballot is a ballot on which--  
7i7 all of the ranked candidates on the 
ballot have become inactive2 or  7ii7   
the voter ranks more than one candidate 
at the same ranking and all candidates  
at a higher ranking have become         
inactive4  7#c7 ,treatment of skipped or
 repeated rankings  7,a7 ,in general ,a 
ballot which includes any skipped or    
repeated ranking shall remain active and
 continue to be counted for the         
highest-ranked active candidate in an   
election under this section4  7,b7      
,skipped and repeated rankings defined  
,for purposes of this paragraph-- 7i7 a 
skipped ranking is a ranking a voter    
does not assign to any candidate while  
assigning a subsequent ranking to a     
candidate2 and  7ii7 a repeated ranking 

is a ranking for which the voter has    
assigned the same candidate that the    
voter assigned to another ranking4      
#cbc4 ,treatment of ties between        
candidates  7a7 ,resolution by lot ,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 this part   
and the tabulation cannot proceed until 
the tie is resolved1 the tie shall be   
resolved by lot or by such other method 
as may be provided under ,state law4    
7b7 ,resolution prior to tabulation     
,prior to tabulation1 the chief election
 official of the ,state may resolve     
prospective ties between candidates by  
lot or according to the method provided 
under ,state law1 as described in       
subsection 7a74  7c7 ,use during recount
 ,the result of the resolution of any   
tie shall be recorded and reused for    
purposes of any recount under ,state    
law4  #cbd4 ,definitions ,in this part1 
the following definitions apply3 7#a7   

,the term active candidate means1 with  
respect to any round of tabulation under
 this part1 a candidate who has not been
 elected or eliminated1 and who is not a
 withdrawn candidate4  7#b7 ,the term   
election threshold means the number of  
votes sufficient for a candidate to be  
elected in a multi-seat election4 ,such 
number is equal to the total votes      
counted for active candidates in the    
first round of tabulation1 divided by   
the sum of one plus the number of seats 
to be filled1 then increased by one1    
disregarding any fractions4  7#c7 ,the  
term highest-ranked active candidate    
means the active candidate assigned to a
 higher ranking than any other active   
candidate4  7#d7 ,the term multi-seat   
election means any primary election in  
which more than one candidate in the    
primary election will advance to the    
general election1 any special election  
for more than one seat1 and any general 
election in which more than one         
,representative is elected at large or  

in a multi-member district4  7#e7 ,the  
term ranking means the number available 
to be assigned by a voter to a candidate
 to express the voter's choice for that 
candidate1 with #a as the highest       
ranking and each succeeding positive    
number as the next highest ranking4     
7#f7 ,the term single-seat election     
means any primary election in which     
exactly one candidate in the primary    
election will advance to the general    
election1 any special election for      
exactly one seat1 any general election  
for the office of ,senator1 and any     
general election in which only one      
,representative is elected at large4    
7#g7 ,the term surplus fraction means1  
with respect to an elected candidate as 
described in section #cbb7;b77#a71 the  
number obtained by subtracting the      
election threshold from the candidate's 
vote total1 then dividing that number by
 the candidate's vote total1 truncated  
after four decimal places4  7#h7 ,the   
term transfer value means the proportion

 of a vote that a ballot will contribute
 to its highest-ranked active candidate4
 ,each ballot begins with a transfer    
value of #a4 ,if a ballot contributes to
 the election of a candidate under      
section #cbb7;b77#a71 the transfer value
 shall be the new transfer value        
assigned under such section4  7#i7 ,the 
term vote total means1 with respect to a
 candidate in a round of counting1 the  
total transfer value of all ballots     
counting for the candidate in the round4
  7#aj7 ,the term withdrawn candidate   
means a candidate who1 prior to the date
 of the election1 files or has an       
authorized designee file a signed letter
 of withdrawal from the election1 in    
accordance with such rules as the chief 
election official of the ,state may     
establish4  #b ,payments to ,states to  
,implement ,ranked ,choice ,voting      
#cca4 ,payments to ,states to implement 
ranked choice voting  7a7 ,payments     
described  7#a7 ,payments ,not later    
than ,june #a1 #bjbf1 the ,commission   

shall make a payment to each ,state in  
the amount determined with respect to   
the ,state under paragraph 7#b74  7#b7  
,amount determined on basis of number of
 registered voters  7,a7 ,in general    
,the amount determined under this       
paragraph is the product of-- 7i7 the   
number of individuals registered to vote
 in elections for ,federal office in the
 ,state1 based on the most recently     
available information on voter          
registration in the ,state1 as provided 
to the ,commission by the ,state2 and   
7ii7 the per capita amount established  
by the ,commission under subparagraph   
7,b74  7,b7 ,per capita amount ,for     
purposes of this paragraph1 the         
,commission shall establish a separate1 
appropriate per capita payment amount   
for each ,state that may be no less than
 #d and no more than #h1 taking into    
account any reasonable demonstrated or  
estimated costs associated with the use 
of ranked choice voting1 including costs
 related to voting equipment updates2   

election setup licensing costs2         
programming2 ballot design and printing2
 training2 processing1 canvassing1      
centralization1 and tabulation2         
preliminary and final results reporting 
and displaying2 post-election audits and
 recounts2 and voter information1       
education1 and engagement4  7b7 ,use of 
funds ,a ,state shall use the payment   
made under subsection 7a7 to implement  
ranked choice voting under this         
subtitle1 including educating voters    
about ranked choice voting1 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 affect 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  #c ,general        

,provisions  #cda4 ,treatment of ,states
 not holding primary elections prior to 
date of general election ,nothing in    
this subtitle shall be construed to     
require a ,state to hold a primary      
election for the office of ,senator or  
,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  #cdb4 ,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  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 ,senators and          
,representatives ,sec4 #cba4 ,requiring 
ranked choice voting for election of    
,senators and ,representatives4 ,sec4   
#cbb4 ,tabulation of ballots4 ,sec4     
#cbc4 ,treatment of ties between        
candidates4 ,sec4 #cbd4 ,definitions4   
,part #b--,payments to ,states ,to      
,implement ,ranked ,choice ,voting ,sec4
 #cca4 ,payments to ,states to implement
 ranked choice voting4 ,part            
#c--;,general ,provisions ,sec4 #cda4   
,treatment of ,states not holding       
primary elections prior to date of      

general election4 ,sec4 #cdb4           
,application to ,district of ,columbia  
and territories4  #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-- 7#a7 elections  
for the office of ,senator which are    
held during #bjbf or any succeeding     
year2 and  7#b7 elections for the office
 of ,representative which are held      
pursuant to the reapportionment of      
,representatives resulting from the     
regular decennial census conducted      
during #bjcj 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 ,except as     

provided in section #bjb7;b71 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;a7a771 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 
entitled1 and ,representatives shall be 
elected only from districts so          
established4  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 three or greater than five4  
#bjb4 ,election of representatives at   
large in certain ,states  7a7 ,mandatory
 elections at large ,if a ,state is     
entitled to five 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  7b7  ,optional elections at     
large  ,if a ,state is entitled to six  
or seven ,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 may1 at its option1 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 candidates that    
advance to the general election do so by
 winning the nomination of a political  
party 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 to be     
nominated by each political party is    
equal to the lesser of-- 7,a7 the number
 of ,representatives who will be elected
 from the district involved2 or  7,b7   
the number of candidates in the primary 
election4  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   
nominees of that political party to     
advance to the general election as the  
party considers appropriate4  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  
blanket primaries  7#a7 ,number of      
candidates ,if a ,state uses a          
nonpartisan blanket 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 five2  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    
blanket primary election defined ,in    
this subsection1 a nonpartisan blanket  
primary election is a primary election  
for the office of ,representative       
conducted 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 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 election ,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 the    
,revised ,statutes of the ,united       
,states 7#b ,u4,s4,c4 #g7 for the       
regularly scheduled general election for
 such offices1 all seats shall be       
elected at the election taking place on 
such date4  #bjd4 ,conforming amendments
  7a7  ,election of ,representatives    
prior to reapportionment  ,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 ,until a ,state 
and inserting ,except as provided in    
title ,,ii of the ,fair ,representation 
,act1 until a ,state4  7b7  ,number of  
,representatives  ,section #bb7;b7 of   
the ,act entitled ,an ,act to provide   
for apportioning ,representatives in    
,congress among the several ,states by  
the equal proportions method1 approved  
,november #ae1 #aida 7#b ,u4,s4,c4      
#b;b71 is amended by striking ,each     
,state and inserting ,except as provided
 in title ,,ii of the ,fair             
,representation ,act1 each ,state4  7c7 
,number of ,representatives from each   
district  ,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;c71 is amended by striking ,in each  
,state and inserting ,except as provided
 in title ,,ii of the ,fair             
,representation ,act1 in each ,state4   

7d7  ,nomination for ,representatives at
 large  ,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 #e71 is amended by striking   
,candidates for ,representative and     
inserting ,except as provided in title  
,,ii of the ,fair ,representation ,act1 
candidates for ,representative4  #bje4  
,prohibition on winner-take-all         
elections ,if1 for any reason1 a ,state 
cannot use ranked choice voting under   
subtitle ,c of title ,,iii of the ,help 
,america ,vote ,act of #bjjb1 as added  
by section #aja1 then in any election   
held at large or in a multi-winner      
district in which more than one         
,representative will be elected1 all    
,representatives shall be elected using 
an election method that ensures the     
election of any candidate or any party  
or slate of candidates who earns a      
number of votes equal to or greater than

 the total votes counted for all        
candidates1 divided by the sum of one   
plus the number of seats to be filled1  
then increased by one1 disregarding any 
fractions44  #bjf4 ,exception for       
,states in which use of multi-member or 
at large districts will result in       
diminishment of voting rights  7a7      
,exception ,if1 in an action brought    
under section #cjf1 the court determines
 that the use of multi-member or at     
large districts by a ,state1 as set     
forth in the congressional redistricting
 plan of a ,state with respect to the   
apportionment of ,representatives       
resulting from a decennial census1      
indicates that the redistricting plan   
will deny or abridge the right to vote  
by having the effect of diminishing the 
ability of any citizens of the ,united  
,states on account of race or color1 or 
in contravention of the guarantees set  
forth in section #d7;f77#b7 of the      
,voting ,rights ,act of #aife 7#eb      
,u4,s4,c4 #ajcjc7;f77#b771 to elect     

their preferred candidates of choice--  
7#a7 this title shall not apply with    
respect to any election held in the     
,state which is based on the            
apportionment of ,representatives to    
which such redistricting plan would     
apply2 and  7#b7 subject to section     
#cjf7;c71 the court shall develop and   
publish a redistricting plan for the    
,state which meets the requirements of  
title ,,iii and under which there are no
 multi-member districts in the ,state4  
7b7 ,no effect on other requirements    
,nothing in this section shall be       
construed to waive the application of   
any of the other titles of this ,act or 
the amendments made by any of the other 
titles of this ,act to a ,state for     
which there are no multi-member         
districts as a result of this section1  
including the requirement to use ranked 
choice voting as set forth in title ,i  
or the requirement that the             
congressional redistricting plan of a   
,state meet the requirements of title   

,,iii4  #bjg4 ,effective date ,this     
title and the amendments made by this   
title shall apply with respect to the   
,one ,hundred ,twenty-,third ,congress  
and each subsequent ,congress4  ,,iii   
,nonpartisan ,redistricting ,reform     
#cja4 ,requiring congressional          
redistricting plans to comply with      
nonpartisan criteria ,a ,state may not  
use a congressional redistricting plan  
enacted if such plan is not in          
compliance with section #cjc4  #cjb4    
,ban on mid-decade redistricting ,a     
,state that has been redistricted in    
accordance with this title may not be   
redistricted again until after the next 
apportionment of ,representatives 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   
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 or the terms or conditions of    
this title4  #cjc4 ,criteria for        
redistricting  7a7 ,ranked criteria ,the
 redistricting plan of a ,state shall be
 developed in accordance with the       
following criteria1 as set forth in the 
following order of priority3 7#a7       
,districts shall comply with the        
,constitution of the ,united ,states1   
including the requirement that they     
substantially equalize total population1
 without regard to age1 citizenship     
status1 or immigration status4  7#b7    
,districts shall comply with the ,voting
 ,rights ,act of #aife 7#eb ,u4,s4,c4   
#ajcja et seq471 and all applicable     
,federal laws4  7#c7 7,a7 ,districts    
shall be drawn1 to the extent that the  
totality of the circumstances warrant1  
to ensure the practical ability of a    
group protected under the ,voting       
,rights ,act of #aife 7#eb ,u4,s4,c4    

#ajcja et seq471 whether alone or in    
coalition with others1 to participate in
 the political process and to nominate  
candidates and to elect representatives 
of choice is not diluted or diminished4 
7,b7 ,for purposes of subparagraph 7,a71
 the assessment of whether a protected  
group has the practical ability to      
nominate candidates and to elect        
representatives of choice shall require 
the consideration of the following      
factors3 7i7 ,whether the group is      
politically cohesive4  7ii7 ,whether    
there is racially polarized voting in   
the relevant geographic region4  7iii7  
,if there is racially polarized voting  
in the relevant geographic region1      
whether the preferred candidates of the 
group nevertheless receive a sufficient 
amount of consistent crossover support  
from other voters such that the group   
has a real opportunity to both nominate 
candidates and elect representatives of 
choice4  7#d7 ,to the extent            
practicable1 districts shall reflect the

 diversity of political opinion in the  
,state such that no district in the     
,state-- 7,a7 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  7,b7 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  7,c7 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#e7 ,to the  
greatest extent practicable the ,state  
shall minimize the number of districts  
electing #d ,representatives4  7#f7 ,to 

the greatest extent practicable the     
,state shall maximize the number of     
districts electing #e ,representatives4 
7#g7  7,a7 ,districts shall be drawn to 
represent communities of interest and   
neighborhoods to the extent practicable 
after compliance with the requirements  
of paragraphs 7#a7 through 7#f74 ,a     
community of interest is defined as an  
area for which the record before the    
entity responsible for developing and   
adopting the redistricting plan         
demonstrates the existence of broadly   
shared interests and representational   
needs1 including shared interests and   
representational needs rooted in common 
ethnic1 racial1 economic1 ,indian1      
social1 cultural1 geographic1 or        
historic identities1 or arising from    
similar socioeconomic conditions4 ,the  
term communities of interest may1 if the
 record warrants1 include political     
subdivisions such as counties1          
municipalities1 ,indian lands1 or school
 districts1 but shall not include common

 relationships with political parties or
 political candidates4  7,b7 ,for       
purposes of subparagraph 7,a71 in       
considering the needs of multiple1      
overlapping communities of interest1 the
 entity responsible for developing and  
adopting the redistricting plan shall   
give greater weight to those communities
 of interest whose representational     
needs would most benefit from the       
community's inclusion in a single       
congressional district4  7b7 ,no        
favoring or disfavoring of political    
parties  7#a7 ,prohibition ,a ,state may
 not use a redistricting plan to conduct
 an election if the plan's congressional
 districts1 when considered cumulatively
 on a statewide basis1 have been drawn  
with the intent or have the effect of   
materially favoring or disfavoring any  
political party4  7#b7 ,determination of
 effect ,the determination of whether a 
redistricting plan has the effect of    
materially favoring or disfavoring a    
political party shall be based on an    

evaluation of the totality of           
circumstances which1 at a minimum1 shall
 involve consideration of each of the   
following factors3  7,a7 ,computer      
modeling based on relevant statewide    
general elections for ,federal office   
held over the #h years preceding the    
adoption of the redistricting plan      
setting forth the probable electoral    
outcomes for the plan under a range of  
reasonably foreseeable conditions4  7,b7
 ,an analysis of whether the            
redistricting plan is statistically     
likely to result in partisan advantage  
or disadvantage on a statewide basis1   
the degree of any such advantage or     
disadvantage1 and whether such advantage
 or disadvantage is likely to be present
 under a range of reasonably foreseeable
 electoral conditions4  7,c7 ,a         
comparison of the modeled electoral     
outcomes for the redistricting plan to  
the modeled electoral outcomes for      
alternative plans that demonstrably     
comply with the requirements of         

paragraphs 7#a7 through 7#f7 of         
subsection 7a7 in order to determine    
whether reasonable alternatives exist   
that would result in materially lower   
levels of partisan advantage or         
disadvantage on a statewide basis4 ,for 
purposes of this subparagraph1          
alternative plans considered may include
 both actual plans proposed during the  
redistricting process and other plans   
prepared for purposes of comparison4    
7,d7 ,any other relevant information1   
including how broad support for the     
redistricting plan was among members of 
the entity responsible for developing   
and adopting the plan and whether the   
processes leading to the development and
 adoption of the plan were transparent  
and equally open to all members of the  
entity and to the public4  7#c7         
,determination of intent ,a court may   
rely on all available evidence when     
determining whether a redistricting plan
 was drawn with the intent to materially
 favor or disfavor a political party1   

including evidence of the partisan      
effects of a plan1 the degree of support
 the plan received from members of the  
entity responsible for developing and   
adopting the plan1 and whether the      
processes leading to development and    
adoption of the plan were transparent   
and equally open to all members of the  
entity and to the public4  7#d7 ,no     
violation based on certain criteria ,no 
redistricting plan shall be found to be 
in violation of paragraph 7#a7 because  
of the proper application of the        
criteria set forth in paragraphs 7#a7   
through 7#f7 of subsection 7a71 unless  
one or more alternative plans could have
 complied with such paragraphs without  
having the effect of materially favoring
 or disfavoring a political party4  7c7 
,factors prohibited from consideration  
,in developing the redistricting plan   
for the ,state1 the ,state may not take 
into consideration any of the following 
factors1 except as necessary to comply  
with the criteria described in          

paragraphs 7#a7 through 7#f7 of         
subsection 7a71 to achieve partisan     
fairness and comply with subsection 7b71
 and to enable the redistricting plan to
 be measured against the external       
metrics described in section #cjd7;c73  
7#a7 ,the residence of any ,member of   
the ,house of ,representatives1         
candidate1 or any other individual who  
is eligible to serve as a ,member of the
 ,house of ,representatives from the    
,state4  7#b7 ,the political party      
affiliation or voting history of the    
population of a district4  7d7          
,additional criteria ,a ,state may not  
rely upon criteria1 districting         
principles1 or other policies of the    
,state which are not set forth in this  
section to justify non-compliance with  
the requirements of this section4  7e7  
,applicability  7#a7 ,in general ,this  
section applies to any authority1       
whether appointed1 elected1 judicial1 or
 otherwise1 responsible for enacting the
 congressional redistricting plan of a  

,state4  7#b7 ,date of enactment ,this  
section applies to any congressional    
redistricting plan enacted following the
 regular decennial census conducted     
during #bjcj4  7f7 ,severability of     
criteria ,if any provision of this      
section1 or the application of any such 
provision to any person or circumstance1
 is held to be unconstitutional1 the    
remainder of this section1 and the      
application of such provision to any    
other person or circumstance1 shall not 
be affected by the holding4  #cjd4      
,development of plan  7a7 ,public notice
 and input  7#a7 ,use of open and       
transparent process ,the entity         
responsible for developing and adopting 
the congressional redistricting plan of 
a ,state shall solicit and take into    
consideration comments from the public  
throughout the process of developing the
 plan1 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  7,a7 ,features ,the    
entity 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 7i7 ,all proposed   
redistricting plans and the final       
redistricting plan1 including the       
accompanying written evaluation under   
subsection 7c74  7ii7 ,all comments     
received from the public submitted under
 paragraph 7#a74  7iii7 ,access in an   
easily usable format to the demographic 
and other data used by the entity to    
develop and analyze the proposed        
redistricting plans1 together with any  
reports analyzing and evaluating such   
plans and access to software that       
members of the public may use to draw   
maps of proposed districts4  7iv7 ,a    
method by which members of the public   
may submit comments directly to the     
entity4  7,b7 ,searchable format ,the   
entity shall ensure that all information

 posted and maintained on the site under
 this paragraph1 including information  
and proposed maps submitted by the      
public1 shall be maintained in an easily
 searchable format4  7#c7 ,multiple     
language requirements for all notices   
,the entity responsible for developing  
and adopting the plan shall make each   
notice which is required to be posted   
and published under this section        
available in any language in which the  
,state 7or any jurisdiction in the      
,state7 is required to provide election 
materials under section #bjc of the     
,voting ,rights ,act of #aife 7#eb      
,u4,s4,c4 #ajejc74  7b7 ,development of 
plan  7#a7 ,hearings ,the entity        
responsible for developing and adopting 
the congressional redistricting plan    
shall hold hearings both before and     
after releasing proposed plans in order 
to solicit public input on the content  
of such plans4 ,these hearings shall--  
7,a7 be held in different regions of the
 ,state and streamed live on the public 

internet site maintained under          
subsection 7a77#b72 and  7,b7 be        
sufficient in number1 scheduled at times
 and places1 and noticed and conducted  
in a manner to ensure that all members  
of the public1 including members of     
racial1 ethnic1 and language minorities 
protected under the ,voting ,rights ,act
 of #aife1 have a meaningful opportunity
 to attend and provide input both before
 and after the entity releases proposed 
plans4  7#b7 ,posting of maps ,the      
entity responsible for developing and   
adopting the congressional redistricting
 plan shall make proposed plans1        
amendments to proposed plans1 and the   
data needed to analyze such plans for   
compliance with the criteria of this    
title available for public review1      
including on the public internet site   
required under subsection 7a77#b71 for a
 period of not less than #e days before 
any vote or hearing is held on any such 
plan or any amendment to such a plan4   
7c7 ,release of written evaluation of   

plan against external metrics required  
prior ,to vote ,the entity responsible  
for developing and adopting the         
congressional redistricting plan for a  
,state may not hold a vote on a proposed
 redistricting plan1 including a vote in
 a committee1 unless at least #dh hours 
prior to holding the vote the ,state has
 released a written evaluation that     
measures each such plan against external
 metrics which cover the criteria set   
forth in section #cjc7;b71 including the
 impact of the plan on the ability of   
members of a class of citizens protected
 by the ,voting ,rights ,act of #aife   
7#eb ,u4,s4,c4 #ajcja et seq47 to elect 
candidates of choice1 the degree to     
which the plan preserves or divides     
communities of interest1 and any        
analysis used by the ,state to assess   
compliance with the requirements of     
section #cjc7;a7 and 7b74  7d7 ,public  
input and comments ,the entity          
responsible for developing and adopting 
the congressional redistricting plan for

 a ,state shall make all public comments
 received about potential plans1        
including alternative plans1 available  
to the public on the internet site      
required under subsection 7a77#b71 at no
 cost1 not later than #bd hours prior to
 holding a vote on final adoption of a  
plan4  #cje4 ,failure by ,state to enact
 plan  7a7 ,deadline for enactment of   
plan ,except as provided in paragraph   
7#b71 each ,state shall enact a final   
congressional redistricting plan        
following transmission of a notice of   
apportionment to the ,president by the  
earliest of-- 7#a7 the deadline set     
forth in ,state law1 including any      
extension to the deadline provided in   
accordance with ,state law2  7#b7       
,february #ae of the year in which      
regularly scheduled general elections   
for ,federal office are held in the     
,state2 or  7#c7 #ij days before the    
date of the next regularly scheduled    
primary election for ,federal office    
held in the ,state4  7b7 ,development of

 plan by court in case of missed        
deadline ,if a ,state has not enacted a 
final congressional redistricting plan  
by the applicable deadline under        
subsection 7a71 or it appears reasonably
 likely that a ,state will fail to enact
 a final congressional redistricting    
plan by such deadline-- 7#a7 any citizen
 of the ,state may file an action in the
 ,united ,states district court for the 
applicable venue asking the district    
court to assume jurisdiction2  7#b7 the 
,united ,states district court for the  
applicable venue1 acting through a      
#c-;judge court convened pursuant to    
section #bbhd of title #bh1 ,united     
,states ,code1 shall have the exclusive 
authority to develop and publish the    
congressional redistricting plan for the
 ,state2 and  7#c7 the final            
congressional redistricting plan        
developed and published by the court    
under this section shall be deemed to be
 enacted on the date on which the court 
publishes the final congressional       

redistricting plan1 as described in     
subsection 7e74  7c7 ,applicable venue  
,for purposes of this section1 the      
applicable venue with respect to a      
,state is the ,district of ,columbia or 
the judicial district in which the      
,capital of the ,state is located1 as   
selected by the first party to file with
 the court sufficient evidence that a   
,state has failed to1 or is reasonably  
likely to fail to1 enact a final        
redistricting plan for the ,state prior 
to the expiration of the applicable     
deadline set forth in subsection 7a74   
7d7 ,procedures for ,development of     
,plan  7#a7 ,criteria ,in developing a  
redistricting plan for a ,state under   
this section1 the court shall 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 ,state under section #cjc4 
7#b7 ,access to information and records 
,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 ,state in carrying out   
its duties under this title4  7#c7      
,hearing2 public participation ,in      
developing a redistricting plan for a   
,state1 the court shall--  7,a7 hold one
 or more evidentiary hearings at which  
interested members of the public may    
appear and be heard and present         
testimony1 including expert testimony1  
in accordance with the rules of the     
court2 and  7,b7 consider other         
submissions and comments by the public1 
including proposals for redistricting   
plans to cover the entire ,state or any 
portion of the ,state4  7#d7 ,use of    
special master ,to assist in the        
development and publication of a        
redistricting plan for a ,state under   
this section1 the court shall appoint a 
special master to make recommendations  
to the court on possible plans for the  
,state4  7e7 ,publication of plan  7#a7 
,public availability of initial plan    

,upon completing the development of one 
or more initial redistricting plans1 the
 court shall make the plans available to
 the public at no cost1 and shall also  
make available the underlying data used 
to develop the plans and a written      
evaluation of the plans against external
 metrics 7as described in section       
#cjd7;c774  7#b7 ,publication of final  
plan ,at any time after the expiration  
of the #ad-;day period which begins on  
the date the court makes the plans      
available to the public under paragraph 
7#a71 and taking into consideration any 
submissions and comments by the public  
which are received during such period1  
the court shall develop and publish the 
final redistricting plan for the ,state4
  7f7 ,use of interim plan ,in the event
 that the court is not able to develop  
and publish a final redistricting plan  
for the ,state with sufficient time for 
an upcoming election to proceed1 the    
court may develop and publish an interim
 redistricting plan which shall serve as

 the redistricting plan for the ,state  
until the court develops and publishes a
 final plan in accordance with this     
section4 ,nothing in this subsection may
 be construed to limit or otherwise     
affect the authority or discretion of   
the court to develop and publish the    
final redistricting plan1 including the 
discretion to make any changes the court
 deems necessary to an interim          
redistricting plan4  7g7 ,appeals       
,review on appeal of any final or       
interim plan adopted by the court in    
accordance with this section shall be   
governed by the appellate process in    
section #cjf4  7h7 ,stay of ,state      
proceedings ,the filing of an action    
under this section shall act as a stay  
of any proceedings in ,state court with 
respect to the ,state's congressional   
redistricting plan unless otherwise     
ordered by the court4  #cjf4 ,civil     
enforcement  7a7 ,civil ,enforcement    
7#a7 ,actions by ,attorney ,general ,the
 ,attorney ,general may bring a civil   

action for such relief as may be        
appropriate to carry out this title4    
7#b7 ,availability of private right of  
action  7,a7 ,in general ,any person    
residing or domiciled in a ,state who is
 aggrieved by the failure of the ,state 
to meet the requirements of the         
,constitution or ,federal law1 including
 this title1 with respect to the        
,state's congressional redistricting1   
may bring a civil action in the ,united 
,states district court for the          
applicable venue for such relief as may 
be appropriate to remedy the failure4   
7,b7 ,special rule for claims relating  
to partisan advantage ,for purposes of  
subparagraph 7,a71 a person who is      
aggrieved by the failure of a ,state to 
meet the requirements of section        
#cjc7;b7 may include-- 7i7 any political
 party or committee in the ,state2 and  
7ii7 any registered voter in the ,state 
who resides in a congressional district 
that the voter alleges was drawn in a   
manner that contributes to a violation  

of such section4  7,c7 ,no awarding of  
damages to prevailing party ,except for 
an award of attorney's fees under       
subsection 7d71 a court in a civil      
action under this section shall not     
award the prevailing party any monetary 
damages1 compensatory1 punitive1 or     
otherwise4  7#c7 ,delivery of complaint 
to ,house and ,senate ,in any action    
brought under this section1 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 ,exclusive           
jurisdiction and applicable venue ,the  
district courts of the ,united ,states  
shall have exclusive jurisdiction to    
hear and determine claims asserting that
 a congressional redistricting plan     
violates the requirements of the        
,constitution or ,federal law1 including
 this title4 ,the applicable venue for  
such an action shall be the ,united     
,states ,district ,court for the        
,district of ,columbia or for the       

judicial district in which the ,capital 
of the ,state is located1 as selected by
 the person bringing the action4 ,in a  
civil action that includes a claim that 
a redistricting plan is in violation of 
subsection 7a7 or 7b7 of section #cjc1  
the ,united ,states ,district ,court for
 the ,district of ,columbia shall have  
jurisdiction over any defendant who has 
been served in any ,united ,states      
judicial district in which the defendant
 resides1 is found1 or has an agent1 or 
in the ,united ,states judicial district
 in which the ,capital of the ,state is 
located4 ,process may be served in any  
,united ,states judicial district where 
a defendant resides1 is found1 or has an
 agent1 or in the ,united ,states       
judicial district in which the ,capital 
of the ,state is located4  7#e7 ,use of 
#c-;judge court ,if an action under this
 section raises statewide claims under  
the ,constitution or this title1 the    
action shall be heard by a #c-;judge    
court convened pursuant to section #bbhd

 of title #bh1 ,united ,states ,code4   
7#f7 ,review of final decision ,a final 
decision in an action brought under this
 section shall be reviewable on appeal  
by the ,united ,states ,court of        
,appeals for the ,district of ,columbia 
,circuit1 which shall hear the matter   
sitting en banc4 ,there shall be no     
right of appeal in such proceedings to  
any other court of appeals4 ,such appeal
 shall be taken by the filing of a      
notice of appeal within #aj days of the 
entry of the final decision4 ,a final   
decision by the ,court of ,appeals may  
be reviewed by the ,supreme ,court of   
the ,united ,states by writ of          
certiorari4  7b7 ,expedited             
,consideration ,in any action brought   
under this section1 it shall be the duty
 of the district court1 the ,united     
,states ,court of ,appeals for the      
,district of ,columbia ,circuit1 and the
 ,supreme ,court of the ,united ,states 
7if it chooses to hear the action7 to   
advance on the docket and to expedite to

 the greatest possible extent the       
disposition of the action and appeal4   
7c7 ,remedies  7#a7 ,adoption of        
replacement plan  7,a7 ,in general ,if  
the district court in an action under   
this section finds that the             
congressional redistricting plan of a   
,state violates1 in whole or in part1   
the requirements of this title--  7i7   
the court shall adopt a replacement     
congressional redistricting plan for the
 ,state in accordance with the process  
set forth in section #cje2 or  7ii7 if  
circumstances warrant and no delay to an
 upcoming regularly scheduled election  
for the ,house of ,representatives in   
the ,state would result1 the district   
court1 in its discretion1 may allow a   
,state to develop and propose a remedial
 congressional redistricting plan for   
review by the court to determine whether
 the plan is in compliance with this    
title1 except that--  7,i7 the ,state   
may not develop and propose a remedial  
plan under this clause if the court     

determines that the congressional       
redistricting plan of the ,state was    
enacted with discriminatory intent in   
violation of the ,constitution or       
section #cjc7;b72 and  7,,ii7 nothing in
 this clause may be construed to permit 
a ,state to use such a remedial plan    
which has not been approved by the      
court4  7,b7 ,prohibiting use of plans  
in violation of requirements ,no court  
shall order a ,state to use a           
congressional redistricting plan which  
violates1 in whole or in part1 the      
requirements of this title1 or to       
conduct an election under terms and     
conditions which violate1 in whole or in
 part1 the requirements of this title4  
7,c7 ,special rule in case final        
adjudication not expected within #c     
months of election  7i7 ,duty of court  
,if final adjudication of an action     
under this section is not reasonably    
expected to be completed at least #c    
months prior to the next regularly      
scheduled primary election for the      

,house of ,representatives in the       
,state1 the district court shall--  7,i7
 develop1 adopt1 and order the use of an
 interim congressional redistricting    
plan in accordance with section #cje7;f7
 to address any claims under this title 
for which a party seeking relief has    
demonstrated a substantial likelihood of
 success2 or  7,,ii7 order adjustments  
to the timing of primary elections for  
the ,house of ,representatives and other
 related deadlines1 as needed1 to allow 
sufficient opportunity for adjudication 
of the matter and adoption of a remedial
 or replacement plan for use in the next
 regularly scheduled general elections  
for the ,house of ,representatives4     
7ii7 ,prohibiting failure to act on     
grounds of pendency of election ,the    
court may not refuse to take any action 
described in clause 7i7 on the grounds  
of the pendency of the next election    
held in the ,state or the potential for 
disruption1 confusion1 or additional    
burdens with respect to the             

administration of the election in the   
,state4  7#b7 ,no stay pending appeal   
,notwithstanding the appeal of an order 
finding that a congressional            
redistricting plan of a ,state violates1
 in whole or in part1 the requirements  
of this title1 no stay shall issue which
 shall bar the development or adoption  
of a replacement or remedial plan under 
this subsection1 as may be directed by  
the district court1 pending such appeal4
 ,if such a replacement or remedial plan
 has been adopted1 no appellate court   
may stay or otherwise enjoin the use of 
such plan during the pendency of an     
appeal1 except upon an order holding1   
based on the record1 that adoption of   
such plan was an abuse of discretion4   
7#c7 ,special authority of ,court of    
,appeals  7,a7 ,ordering of new remedial
 plan ,if1 upon consideration of an     
appeal under this title1 the ,court of  
,appeals determines that a plan does not
 comply with the requirements of this   
title1 it shall direct that the         

,district ,court promptly develop a new 
remedial plan with assistance of a      
special master for consideration by the 
,court of ,appeals4  7,b7 ,failure of   
district court to take timely action    
,if1 at any point during the pendency of
 an action under this section1 the      
,district ,court fails to take action   
necessary to permit resolution of the   
case prior to the next regularly        
scheduled election for the ,house of    
,representatives in the ,state or fails 
to grant the relief described in        
paragraph 7#a77;,c71 any party may seek 
a writ of mandamus from the ,court of   
,appeals for the ,district of ,columbia 
,circuit4 ,the ,court of ,appeals shall 
have jurisdiction over the motion for a 
writ of mandamus and shall establish an 
expedited briefing and hearing schedule 
for resolution of the motion4 ,if the   
,court of ,appeals determines that a    
writ should be granted1 the ,court of   
,appeals shall take any action          
necessary1 including developing a       

congressional redistricting plan with   
assistance of a special master to ensure
 that a remedial plan is adopted in time
 for use in the next regularly scheduled
 election for the ,house of             
,representatives in the ,state4  7#d7   
,effect of enactment of replacement plan
 ,a ,state's enactment of a             
redistricting plan which replaces a plan
 which is the subject of an action under
 this section shall not be construed to 
limit or otherwise affect the authority 
of the court to adjudicate or grant     
relief with respect to any claims or    
issues not addressed by the replacement 
plan1 including claims that the plan    
which is the subject of the action was  
enacted1 in whole or in part1 with      
discriminatory intent1 or claims to     
consider whether relief should be       
granted under section #c7;c7 of the     
,voting ,rights ,act of #aife 7#eb      
,u4,s4,c4 #ajcjb7;c77 based on the plan 
which is the subject of the action4  7d7
 ,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  7e7 ,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
  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            
redistricting plan enacted under this   
title4  7g7 ,removal  7#a7 ,in general  
,at any time1 a civil action brought in 
a ,state court which asserts a claim for
 which the district courts of the       
,united ,states have exclusive          
jurisdiction under this title may be    
removed by any party in the case1       
including an intervenor1 by filing1 in  
the district court for an applicable    
venue under this section1 a notice of   
removal signed pursuant to ,rule #aa of 
the ,federal ,rules of ,civil ,procedure
 containing a short and plain statement 
of the grounds for removal4 ,consent of 
parties shall not be required for       
removal4  7#b7 ,claims not within the   
original or supplemental jurisdiction   
,if a civil action removed in accordance
 with paragraph 7#a7 contains claims not
 within the original or supplemental    
jurisdiction of the district court1 the 
district court shall sever all such     

claims and remand them to the ,state    
court from which the action was removed4
  #cjg4 ,effective date ,this title and 
the amendments made by such title shall 
apply with respect to redistricting     
carried out pursuant to the decennial   
census conducted during #bjcj or any    
succeeding decennial census4  ,,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