I
118THCONGRESS
1
STSESSION H. R. 3221
To prohibit States from carrying out more than one Congressional redis-
tricting after a decennial census and apportionment, to require States
to conduct such redistricting through independent commissions, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY11, 2023
Mr. C
OHENintroduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To prohibit States from carrying out more than one Congres-
sional redistricting after a decennial census and appor-
tionment, to require States to conduct such redistricting
through independent commissions, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; FINDING OF CONSTITUTIONAL 3
AUTHORITY. 4
(a) S
HORTTITLE.—This Act may be cited as the 5
‘‘John Tanner and Jim Cooper Fairness and Independ-6
ence in Redistricting Act’’. 7
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(b) FINDING.—Congress finds that it has the author-1
ity to establish the terms and conditions States must fol-2
low in carrying out Congressional redistricting after an 3
apportionment of Members of the House of Representa-4
tives because— 5
(1) the authority granted to Congress under ar-6
ticle I, section 4 of the Constitution of the United 7
States gives Congress the power to enact laws gov-8
erning the time, place, and manner of elections for 9
Members of the House of Representatives; and 10
(2) the authority granted to Congress under 11
section 5 of the fourteenth amendment to the Con-12
stitution gives Congress the power to enact laws to 13
enforce section 2 of such amendment, which requires 14
Representatives to be apportioned among the several 15
States according to their number. 16
SEC. 2. LIMIT ON CONGRESSIONAL REDISTRICTING AFTER 17
AN APPORTIONMENT. 18
The Act entitled ‘‘An Act for the relief of Doctor Ri-19
cardo Vallejo Samala and to provide for congressional re-20
districting’’, approved December 14, 1967 (2 U.S.C. 2c), 21
is amended by adding at the end the following: ‘‘A State 22
which has been redistricted in the manner provided by law 23
after an apportionment under section 22(a) of the Act en-24
titled ‘An Act to provide for the fifteenth and subsequent 25
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decennial censuses and to provide for an apportionment 1
of Representatives in Congress’, approved June 18, 1929 2
(2 U.S.C. 2a), may not be redistricted again until after 3
the next apportionment of Representatives under such sec-4
tion, unless a court requires the State to conduct such 5
subsequent redistricting to comply with the Constitution 6
or to enforce the Voting Rights Act of 1965 (52 U.S.C. 7
10301 et seq.).’’. 8
SEC. 3. REQUIRING REDISTRICTING TO BE CONDUCTED 9
THROUGH PLAN OF INDEPENDENT STATE 10
COMMISSION OR PLAN OF HIGHEST STATE 11
COURT. 12
(a) U
SE OFPLANREQUIRED.— 13
(1) I
N GENERAL.—Notwithstanding any other 14
provision of law, any Congressional redistricting con-15
ducted by a State shall be conducted in accordance 16
with— 17
(A) the redistricting plan developed by the 18
independent redistricting commission estab-19
lished in the State, in accordance with section 20
4; or 21
(B) if the plan developed by such commis-22
sion is not enacted into law, the redistricting 23
plan selected by the highest court in the State 24
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or developed by a United States district court, 1
in accordance with section 5. 2
(2) T
REATMENT OF COMMISSIONS ESTAB -3
LISHED PURSUANT TO LAWS ENACTED PRIOR TO EN -4
ACTMENT.—If Congressional redistricting in a State 5
is conducted in accordance with a redistricting plan 6
developed by a commission which was established in 7
the State pursuant to a law enacted prior to the 8
date of the enactment of this Act, the redistricting 9
shall be deemed to meet the requirement of subpara-10
graph (A) of paragraph (1). 11
(3) O
THER CRITERIA AND PROCEDURES PER -12
MITTED.—Nothing in this Act or the amendments 13
made by this Act may be construed to prohibit a 14
State from conducting Congressional redistricting in 15
accordance with such criteria and procedures as the 16
State considers appropriate, to the extent that such 17
criteria and procedures are consistent with the appli-18
cable requirements of this Act and the amendments 19
made by this Act. 20
(b) C
ONFORMINGAMENDMENT.—Section 22(c) of 21
the Act entitled ‘‘An Act to provide for the fifteenth and 22
subsequent decennial censuses and to provide for an ap-23
portionment of Representatives in Congress’’, approved 24
June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking 25
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‘‘in the manner provided by the law thereof’’ and insert-1
ing: ‘‘in the manner provided by the John Tanner and Jim 2
Cooper Fairness and Independence in Redistricting Act’’. 3
SEC. 4. INDEPENDENT REDISTRICTING COMMISSION. 4
(a) A
DMINISTRATIVEMATTERS.— 5
(1) A
PPOINTMENT OF MEMBERS .—Each State 6
shall establish an independent redistricting commis-7
sion composed of— 8
(A) a chair, who shall be appointed by ma-9
jority vote of the other members of the commis-10
sion; and 11
(B) an equal number of members (but not 12
fewer than one) from each of the following cat-13
egories: 14
(i) Members appointed by a member 15
of the upper house of the State legislature 16
who represents the political party with the 17
greatest number of seats in that house. 18
(ii) Members appointed by a member 19
of the upper house of the State legislature 20
who represents the political party with the 21
second greatest number of seats in that 22
house. 23
(iii) Members appointed by a member 24
of the lower house of the State legislature 25
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who represents the political party with the 1
greatest number of seats in that house. 2
(iv) Members appointed by a member 3
of the lower house of the State legislature 4
who represents the political party with the 5
second greatest number of seats in that 6
house. 7
(2) S
PECIAL RULE FOR STATES WITH UNICAM -8
ERAL LEGISLATURE.—In the case of a State with a 9
unicameral legislature, the independent redistricting 10
commission established under this subsection shall 11
be composed of— 12
(A) a chair, who shall be appointed by ma-13
jority vote of the other members of the commis-14
sion; and 15
(B) an equal number of members (but not 16
fewer than 2) from each of the following cat-17
egories: 18
(i) Members appointed by a member 19
of the legislature who shall be selected by 20
the chair of the Government Affairs Com-21
mittee of the legislature to represent the 22
State political party whose candidate for 23
chief executive of the State received the 24
greatest number of votes on average in the 25
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3 most recent general elections for that of-1
fice. 2
(ii) Members appointed by a member 3
of the legislature who shall be selected by 4
the chair of the Government Affairs Com-5
mittee of the legislature to represent the 6
State political party whose candidate for 7
chief executive of the State received the 8
second greatest number of votes on aver-9
age in the 3 most recent general elections 10
for that office. 11
(3) E
LIGIBILITY.—An individual is eligible to 12
serve as a member of an independent redistricting 13
commission if— 14
(A) as of the date of appointment, the in-15
dividual is registered to vote in elections for 16
Federal office held in the State, and was reg-17
istered to vote in the 2 most recent general 18
elections for Federal office held in the State; 19
(B) the individual did not hold public office 20
or run as a candidate for election for public of-21
fice, or serve as an employee of a political party 22
or candidate for election for public office, at 23
any time during the 4-year period ending on the 24
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December 31 preceding the date of appoint-1
ment; and 2
(C) the individual certifies that he or she 3
will not run as a candidate for the office of 4
Representative in the Congress until after the 5
next apportionment of Representatives under 6
section 22(a) of the Act entitled ‘‘An Act to 7
provide for the fifteenth and subsequent decen-8
nial censuses and to provide for an apportion-9
ment of Representatives in Congress’’, approved 10
June 18, 1929 (2 U.S.C. 2a). 11
(4) V
ACANCY.—A vacancy in the commission 12
shall be filled in the manner in which the original 13
appointment was made. 14
(5) D
EADLINE.—Each State shall establish a 15
commission under this section, and the members of 16
the commission shall appoint the commission’s chair, 17
not later than the date on which the chief executive 18
of a State receives the State apportionment notice. 19
(6) A
PPOINTMENT OF CHAIR REQUIRED PRIOR 20
TO DEVELOPMENT OF REDISTRICTING PLAN .—The 21
commission may not take any action to develop a re-22
districting plan for the State under subsection (b) 23
until the appointment of the commission’s chair in 24
accordance with paragraph (1)(E). 25
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(7) REQUIRING ALL MEETINGS TO BE OPEN TO 1
PUBLIC.—The commission shall hold each of its 2
meetings in public. 3
(8) I
NTERNET SITE.—As soon as practicable 4
after establishing the commission, the State shall es-5
tablish and maintain a public internet site for the 6
commission which meets the following requirements: 7
(A) The site is updated continuously to 8
provide advance notice of commission meetings 9
and to otherwise provide timely information on 10
the activities of the commission. 11
(B) The site contains the most recent 12
available information from the Bureau of the 13
Census on voting-age population, voter registra-14
tion, and voting in the State, including pre-15
cinct-level and census tract-level data with re-16
spect to such information, as well as detailed 17
maps reflecting such information. 18
(C) The site includes interactive software 19
to enable any individual to design a redis-20
tricting plan for the State on the basis of the 21
information described in subparagraph (B), in 22
accordance with the criteria described in sub-23
section (b)(1). 24
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(D) The site permits any individual to sub-1
mit a proposed redistricting plan to the com-2
mission, and to submit questions, comments, 3
and other information with respect to the com-4
mission’s activities. 5
(b) D
EVELOPMENT OF REDISTRICTINGPLAN.— 6
(1) C
RITERIA.—The independent redistricting 7
commission of a State shall develop a redistricting 8
plan for the State in accordance with the following 9
criteria: 10
(A) Adherence to the ‘‘one person, one 11
vote’’ standard and other requirements imposed 12
under the Constitution of the United States. 13
(B) To the greatest extent mathematically 14
possible, ensuring that the population of each 15
Congressional district in the State does not 16
vary from the population of any other Congres-17
sional district in the State (as determined on 18
the basis of the total count of persons of the 19
most recent decennial census conducted by the 20
Bureau of the Census). 21
(C) Consistency with any applicable re-22
quirements of the Voting Rights Act of 1965 23
and other Federal laws. 24
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(D) To the greatest extent practicable, the 1
maintenance of the geographic continuity of the 2
political subdivisions of the State which are in-3
cluded in the same Congressional district, in the 4
following order of priority: 5
(i) The continuity of counties or par-6
ishes. 7
(ii) The continuity of municipalities. 8
(iii) The continuity of neighborhoods 9
(as determined on the basis of census 10
tracts or other relevant information). 11
(E) To the greatest extent practicable, 12
maintaining compact districts (in accordance 13
with such standards as the commission may es-14
tablish). 15
(F) Ensuring that districts are contiguous 16
(except to the extent necessary to include any 17
area which is surrounded by a body of water). 18
(2) F
ACTORS PROHIBITED FROM CONSIDER -19
ATION.—In developing the redistricting plan for the 20
State, the independent redistricting commission may 21
not take into consideration any of the following fac-22
tors, except to the extent necessary to comply with 23
the Voting Rights Act of 1965: 24
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(A) The voting history of the population of 1
a Congressional district, except that the com-2
mission may take such history into consider-3
ation to the extent necessary to comply with 4
any State law which requires the establishment 5
of competitive Congressional districts. 6
(B) The political party affiliation of the 7
population of a district. 8
(C) The residence of incumbent Members 9
of the House of Representatives in the State. 10
(3) S
OLICITATION OF PUBLIC INPUT IN DEVEL -11
OPMENT OF PLANS .—The commission shall solicit 12
and take into consideration comments from the pub-13
lic in developing the redistricting plan for the State 14
by holding meetings in representative geographic re-15
gions of the State at which members of the public 16
may provide such input, and by otherwise soliciting 17
input from the public (including redistricting plans 18
developed by members of the public) through the 19
commission internet site and other methods. 20
(4) P
UBLIC NOTICE OF PLANS PRIOR TO SUB -21
MISSION TO LEGISLATURE .—Not fewer than 7 days 22
prior to submitting a redistricting plan to the legis-23
lature of the State under subsection (c)(1), the com-24
mission shall post on the commission internet site 25
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and cause to have published in newspapers of gen-1
eral circulation throughout the State a notice con-2
taining the following information: 3
(A) A detailed version of the plan, includ-4
ing a map showing each Congressional district 5
established under the plan and the voting age 6
population by race of each such district. 7
(B) A statement providing specific infor-8
mation on how the adoption of the plan would 9
serve the public interest. 10
(C) Any dissenting statements of any 11
members of the commission who did not ap-12
prove of the submission of the plan to the legis-13
lature. 14
(c) S
UBMISSION OFPLANS TOLEGISLATURE.— 15
(1) I
N GENERAL.—At any time prior to the 16
first November 1 which occurs after the chief execu-17
tive of the State receives the State apportionment 18
notice, the commission may submit redistricting 19
plans developed by the commission under this sec-20
tion to the legislature of the State. 21
(2) C
ONSIDERATION OF PLAN BY LEGISLA -22
TURE.—After receiving any redistricting plan under 23
paragraph (1), the legislature of a State may— 24
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(A) approve the plan as submitted by the 1
commission without amendment and forward 2
the plan to the chief executive of the State; or 3
(B) reject the plan. 4
(3) E
NACTMENT OF PLAN .— 5
(A) I
N GENERAL.—A redistricting plan de-6
veloped by the commission shall be considered 7
to be enacted into law only if the plan is for-8
warded to the chief executive of the State pur-9
suant to paragraph (2)(A) and— 10
(i) the chief executive approves the 11
plan as forwarded by the legislature with-12
out amendment; or 13
(ii) the chief executive vetoes the plan 14
and the legislature overrides the veto in ac-15
cordance with the applicable law of the 16
State, except that at no time may the plan 17
be amended. 18
(B) S
PECIAL RULE.—In the case of a 19
State in which the chief executive is prohibited 20
under State law from acting on a redistricting 21
plan, a redistricting plan developed by the com-22
mission shall be considered to be enacted into 23
law if— 24
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(i) the plan is submitted to the legisla-1
ture of the State; and 2
(ii) the legislature approves the plan 3
as submitted by the commission without 4
amendment. 5
(d) R
EQUIRINGMAJORITYAPPROVALFORAC-6
TIONS.—The independent redistricting commission of a 7
State may not submit a redistricting plan to the State leg-8
islature, or take any other action, without the approval 9
of at least a majority of its members given at a meeting 10
at which at least a majority of its members are present. 11
(e) T
ERMINATION.— 12
(1) I
N GENERAL.—The independent redis-13
tricting commission of a State shall terminate on the 14
day after the date of the first regularly scheduled 15
general election for Federal office which occurs after 16
the chief executive of the State receives the State 17
apportionment notice. 18
(2) P
RESERVATION OF RECORDS .—The State 19
shall ensure that the records of the independent re-20
districting commission are retained in the appro-21
priate State archive in such manner as may be nec-22
essary to enable the State to respond to any civil ac-23
tion brought with respect to Congressional redis-24
tricting in the State. 25
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SEC. 5. SELECTION OF PLAN BY COURTS. 1
(a) S
TATECOURT.— 2
(1) S
UBMISSION AND SELECTION OF PLAN .—If 3
a redistricting plan developed by the independent re-4
districting commission of a State is not enacted into 5
law under section 4(c)(3) by the first November 1 6
which occurs after the chief executive of the State 7
receives the State apportionment notice, the commis-8
sion may submit redistricting plans developed by the 9
commission in accordance with section 4 to the high-10
est court of the State, which may select and publish 11
one of the submitted plans to serve as the redis-12
tricting plan for the State. 13
(2) N
O MODIFICATION OF PLAN PERMITTED .— 14
The highest court of a State may not modify any re-15
districting plan submitted under this subsection. 16
(b) F
EDERALCOURT.— 17
(1) F
AILURE OF STATE COURT TO SELECT 18
PLAN.— 19
(A) N
OTICE TO COURT IF PLAN NOT SE -20
LECTED BY STATE COURT .—If a State court to 21
whom redistricting plans have been submitted 22
under subsection (a) does not select a plan to 23
serve as the redistricting plan for the State 24
under such subsection on or before the first De-25
cember 1 which occurs after the chief executive 26
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of the State receives the State apportionment 1
notice, the State shall file a notice with the 2
United States district court for the district in 3
which the capital of the State is located. 4
(B) D
EVELOPMENT AND SELECTION OF 5
PLAN BY FEDERAL COURT .—Not later than 30 6
days after receiving a notice from a State under 7
subparagraph (A), the court shall develop and 8
publish a final redistricting plan for the State. 9
(2) F
AILURE OF STATE TO ESTABLISH COMMIS -10
SION.— 11
(A) I
N GENERAL.—If a State does not es-12
tablish an independent redistricting commission 13
under section 4 by the first September 1 which 14
occurs after the chief executive of the State re-15
ceives the State apportionment notice— 16
(i) the State may not establish the 17
commission; and 18
(ii) the United States district court 19
for the district in which the capital of the 20
State is located shall develop and publish 21
a final redistricting plan for the State not 22
later than the first December 1 which oc-23
curs after the chief executive of the State 24
receives the State apportionment notice. 25
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(B) DETERMINATION OF FAILURE TO ES -1
TABLISH COMMISSION .—For purposes of sub-2
paragraph (A), a State shall be considered to 3
have failed to establish an independent redis-4
tricting commission by the date referred to in 5
such subparagraph if a chair of the commission 6
has not been appointed on or before such date. 7
(3) C
RITERIA.—It is the sense of Congress 8
that, in developing a redistricting plan for a State 9
under this subsection, the district court should ad-10
here to the same terms and conditions that applied 11
to the development of the plan of the commission 12
under section 4(b). 13
(c) A
CCESS TOINFORMATION AND RECORDS OF 14
C
OMMISSION.—A court which is required to select, pub-15
lish, or develop a redistricting plan for a State under this 16
section shall have access to any information, data, soft-17
ware, or other records and material used by the inde-18
pendent redistricting commission of the State in carrying 19
out its duties under this Act. 20
SEC. 6. SPECIAL RULE FOR REDISTRICTING CONDUCTED 21
UNDER ORDER OF FEDERAL COURT. 22
If a Federal court requires a State to conduct redis-23
tricting subsequent to an apportionment of Representa-24
tives in the State in order to comply with the Constitution 25
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or to enforce the Voting Rights Act of 1965, sections 4 1
and 5 shall apply with respect to the redistricting, except 2
that— 3
(1) the deadline for the establishment of the 4
independent redistricting commission and the ap-5
pointment of the commission’s chair (as described in 6
section 4(a)(5)) shall be the expiration of the 30-day 7
period which begins on the date of the final order of 8
the Federal court to conduct the redistricting; 9
(2) the deadline for the submission of redis-10
tricting plans to the legislature by the commission, 11
and the date of the termination of the commission 12
(as described in section 4(c)(1) and section 4(e)) 13
shall be the expiration of the 150-day period which 14
begins on the date of the final order of the Federal 15
court to conduct the redistricting; 16
(3) the deadline for the selection and publica-17
tion of the plan by the highest court of the State (as 18
described in section 5(a)) shall be the expiration of 19
the 180-day period which begins on the date of the 20
final order of the Federal court to conduct the redis-21
tricting; and 22
(4) the deadline for the selection and publica-23
tion of the plan by the district court of the United 24
States (as described in section 5(b)) shall be the ex-25
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piration of the 210-day period which begins on the 1
date of the final order of the Federal court to con-2
duct the redistricting. 3
SEC. 7. PAYMENTS TO STATES FOR CARRYING OUT REDIS-4
TRICTING. 5
(a) A
UTHORIZATION OFPAYMENTS.—Subject to sub-6
section (d), not later than 30 days after a State receives 7
a State apportionment notice, the Election Assistance 8
Commission shall make a payment to the State in an 9
amount equal to the product of— 10
(1) the number of Representatives to which the 11
State is entitled, as provided under the notice; and 12
(2) $150,000. 13
(b) U
SE OFFUNDS.—A State shall use the payment 14
made under this section to establish and operate the 15
State’s independent redistricting commission, to imple-16
ment the State redistricting plan, and to otherwise carry 17
out Congressional redistricting in the State. 18
(c) N
OPAYMENT TOSTATESWITHSINGLEMEM-19
BER.—The Election Assistance Commission shall not 20
make a payment under this section to any State which 21
is not entitled to more than one Representative under its 22
State apportionment notice. 23
(d) R
EQUIRINGESTABLISHMENT OF COMMISSION AS 24
C
ONDITION OFPAYMENT.—The Election Assistance Com-25
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mission may not make a payment to a State under this 1
section until the State certifies to the Commission that 2
the State has established an independent redistricting 3
commission, and that a chair of the commission has been 4
appointed, in accordance with section 4. 5
(e) A
UTHORIZATION OF APPROPRIATIONS.—There 6
are authorized to be appropriated such sums as may be 7
necessary for payments under this section. 8
SEC. 8. STATE APPORTIONMENT NOTICE DEFINED. 9
In this Act, the ‘‘State apportionment notice’’ means, 10
with respect to a State, the notice sent to the State from 11
the Clerk of the House of Representatives under section 12
22(b) of the Act entitled ‘‘An Act to provide for the fif-13
teenth and subsequent decennial censuses and to provide 14
for an apportionment of Representatives in Congress’’, ap-15
proved June 18, 1929 (2 U.S.C. 2a), of the number of 16
Representatives to which the State is entitled. 17
SEC. 9. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL 18
OFFICE. 19
Nothing in this Act or in any amendment made by 20
this Act may be construed to affect the manner in which 21
a State carries out elections for State or local office, in-22
cluding the process by which a State establishes the dis-23
tricts used in such elections. 24
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•HR 3221 IH
SEC. 10. EFFECTIVE DATE. 1
This Act and the amendments made by this Act shall 2
apply with respect to any Congressional redistricting 3
which occurs after the regular decennial census conducted 4
during 2030. 5
Æ
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