S 2342
110th CONGRESS
1st Session
S. 2342
To prohibit States from carrying out more than one Congressional
redistricting after a decennial census and apportionment, to require
States to conduct such redistricting through independent commissions,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
November 13, 2007
Mr. JOHNSON introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
A BILL
To prohibit States from carrying out more than one Congressional
redistricting after a decennial census and apportionment, to require
States to conduct such redistricting through independent commissions,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY.
(a) Short Title- This Act may be cited as the `Fairness and Independence
in Redistricting Act of 2007'.
(b) Finding- 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
because--
(1) the authority granted to Congress under article I, section 4 of
the Constitution of the United States gives Congress the power to
enact laws governing the time, place, and manner of elections for
Members of the House of Representatives; and
(2) the authority granted to Congress under section 5 of the fourteenth
amendment to the Constitution gives Congress the power to enact laws
to enforce section 2 of such amendment, which requires Representatives
to be apportioned among the several States according to their number.
SEC. 2. LIMIT ON CONGRESSIONAL REDISTRICTING AFTER AN APPORTIONMENT.
The Act entitled `An Act for the relief of Doctor Ricardo Vallejo Samala
and to provide for congressional redistricting', approved December 14,
1967 (2 U.S.C. 2c), is amended by adding at the end the following: `A
State which has been redistricted in the manner provided by law after
an apportionment under section 22(a) of the Act entitled `An Act to
provide for the fifteenth and subsequent decennial censuses and to provide
for an apportionment of Representatives in Congress', approved June
18, 1929 (2 U.S.C. 2a), may not be redistricted again until after the
next apportionment of Representatives under such section, unless a court
requires the State to conduct such subsequent redistricting to comply
with the Constitution or to enforce the Voting Rights Act of 1965 (42
U.S.C. 1973 et seq.).'.
SEC. 3. REQUIRING REDISTRICTING TO BE CONDUCTED THROUGH PLAN OF INDEPENDENT
STATE COMMISSION OR PLAN OF HIGHEST STATE COURT.
(a) Use of Plan Required-
(1) IN GENERAL- Notwithstanding any other provision of law, any Congressional
redistricting conducted by a State shall be conducted in accordance
with--
(A) the redistricting plan developed by the independent redistricting
commission established in the State, in accordance with section
4; or
(B) if the plan developed by such commission is not enacted into
law, the redistricting plan selected by the highest court in the
State or developed by a United States district court, in accordance
with section 5.
(2) OTHER CRITERIA AND PROCEDURES PERMITTED- Nothing in this Act or
the amendments made by this Act may be construed to prohibit a State
from conducting Congressional redistricting in accordance with such
criteria and procedures as the State considers appropriate, to the
extent that such criteria and procedures are consistent with the applicable
requirements of this Act and the amendments made by this Act.
(b) Conforming Amendment- Section 22(c) of the Act entitled `An Act
to provide for the fifteenth and subsequent decennial censuses and to
provide for an apportionment of Representatives in Congress', approved
June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking `in the manner
provided by the law thereof' and inserting: `in the manner provided
by the Fairness and Independence in Redistricting Act of 2007'.
SEC. 4. INDEPENDENT REDISTRICTING COMMISSION.
(a) Appointment of Members; Eligibility-
(1) APPOINTMENT OF MEMBERS- Each State shall establish an independent
redistricting commission composed of--
(A) a chair, who shall be appointed by majority vote of the other
members of the commission; and
(B) an equal number of members (but not fewer than 1) from each
of the following categories:
(i) Members appointed by a member of the upper house of the State
legislature who represents the political party with the greatest
number of seats in that house.
(ii) Members appointed by a member of the upper house of the State
legislature who represents the political party with the second
greatest number of seats in that house.
(iii) Members appointed by a member of the lower house of the
State legislature who represents the political party with the
greatest number of seats in that house.
(iv) Members appointed by a member of the lower house of the State
legislature who represents the political party with the second
greatest number of seats in that house.
(2) SPECIAL RULE FOR STATES WITH UNICAMERAL LEGISLATURE- In the case
of a State with a unicameral legislature, the independent redistricting
commission established under this subsection shall be composed of--
(A) a chair, who shall be appointed by majority vote of the other
members of the commission; and
(B) an equal number of members (but not fewer than 2) from each
of the following categories:
(i) Members appointed by a member of the legislature who shall
be selected by the chair of the Government Affairs Committee of
the legislature to represent the State political party whose candidate
for chief executive of the State received the greatest number
of votes on average in the 3 most recent general elections for
that office.
(ii) Members appointed by a member of the legislature who shall
be selected by the chair of the Government Affairs Committee of
the legislature to represent the State political party whose candidate
for chief executive of the State received the second greatest
number of votes on average in the 3 most recent general elections
for that office.
(3) ELIGIBILITY- An individual is eligible to serve as a member of
an independent redistricting commission if--
(A) as of the date of appointment, the individual is registered
to vote in elections for Federal office held in the State, and was
registered to vote in the 2 most recent general elections for Federal
office held in the State;
(B) the individual did not hold public office or run as a candidate
for election for public office, or serve as an employee of a political
party or candidate for election for public office, at any time during
the 4-year period ending on the December 31 preceding the date of
appointment; and
(C) the individual certifies that he or she will not run as a candidate
for the office of Representative in the Congress until after the
next apportionment of Representatives under section 22(a) of the
Act entitled `An Act to provide for the fifteenth and subsequent
decennial censuses and to provide for an apportionment of Representatives
in Congress', approved June 18, 1929 (2 U.S.C. 2a).
(4) VACANCY- A vacancy in the commission shall be filled in the manner
in which the original appointment was made.
(5) DEADLINE- Each State shall establish a commission under this section,
and the members of the commission shall appoint the commission's chair,
not later than the first February 1 which occurs after the chief executive
of a State receives the State apportionment notice.
(6) APPOINTMENT OF CHAIR REQUIRED PRIOR TO DEVELOPMENT OF REDISTRICTING
PLAN- The commission may not take any action to develop a redistricting
plan for the State under subsection (b) until the appointment of the
commission's chair in accordance with paragraph (1)(E).
(b) Development of Redistricting Plan-
(1) CRITERIA- The independent redistricting commission of a State
shall develop a redistricting plan for the State in accordance with
the following criteria:
(A) Adherence to the `one person, one vote' standard and other requirements
imposed under the Constitution of the United States.
(B) To the greatest extent mathematically possible, ensuring that
the population of each Congressional district in the State does
not vary from the population of any other Congressional district
in the State (as determined on the basis of the total count of persons
of the most recent decennial census conducted by the Bureau of the
Census).
(C) Consistency with any applicable requirements of the Voting Rights
Act of 1965 and other Federal laws.
(D) To the greatest extent practicable, the maintenance of the geographic
continuity of the political subdivisions of the State which are
included in the same Congressional district, in the following order
of priority:
(i) The continuity of counties or parishes.
(ii) The continuity of municipalities.
(iii) The continuity of neighborhoods (as determined on the basis
of census tracts or other relevant information).
(E) To the greatest extent practicable, maintaining compact districts
(in accordance with such standards as the commission may establish).
(F) Ensuring that districts are contiguous (except to the extent
necessary to include any area which is surrounded by a body of water).
(2) FACTORS PROHIBITED FROM CONSIDERATION- In developing the redistricting
plan for the State, the independent redistricting commission may not
take into consideration any of the following factors, except to the
extent necessary to comply with the Voting Rights Act of 1965:
(A) The voting history of the population of a Congressional district,
except that the commission may take such history into consideration
to the extent necessary to comply with any State law which requires
the establishment of competitive Congressional districts.
(B) The political party affiliation of the population of a district.
(C) The residence of incumbent Members of the House of Representatives
in the State.
(3) PUBLIC NOTICE AND INPUT-
(A) PUBLIC HEARINGS; SOLICITATION INPUT FROM PUBLIC- The commission
shall hold each of its meetings in public, and shall solicit and
take into consideration comments from the public in developing the
redistricting plan for the State.
(B) NOTICE OF PLANS- At the time the commission submits a redistricting
plan to the legislature of the State under subsection (c)(1), the
commission shall notify the public through the publication of notice
in newspapers of general circulation throughout the State, and shall
publish a detailed version of the plan (including a map showing
each Congressional district established under the plan and the voting
age population by race of each such district) on a public Internet
site of the State government.
(c) Submission of Plans to Legislature-
(1) IN GENERAL- At any time prior to the first November 1 which occurs
after the chief executive of the State receives the State apportionment
notice, the commission may submit redistricting plans developed by
the commission under this section to the legislature of the State.
(2) CONSIDERATION OF PLAN BY LEGISLATURE- After receiving any redistricting
plan under paragraph (1), the legislature of a State may--
(A) approve the plan as submitted by the commission without amendment
and forward the plan to the chief executive of the State; or
(A) IN GENERAL- A redistricting plan developed by the commission
shall be considered to be enacted into law only if the plan is forwarded
to the chief executive of the State pursuant to paragraph (2)(A)
and--
(i) the chief executive approves the plan as forwarded by the
legislature without amendment; or
(ii) the chief executive vetoes the plan and the legislature overrides
the veto in accordance with the applicable law of the State, except
that at no time may the plan be amended.
(B) SPECIAL RULE- In the case of a State in which the chief executive
is prohibited under State law from acting on a redistricting plan,
a redistricting plan developed by the commission shall be considered
to be enacted into law if--
(i) the plan is submitted to the legislature of the State; and
(ii) the legislature approves the plan as submitted by the commission
without amendment.
(d) Requiring Majority Approval for Actions- The independent redistricting
commission of a State may not submit a redistricting plan to the State
legislature, or take any other action, without the approval of at least
a majority of its members given at a meeting at which at least a majority
of its members are present.
(1) IN GENERAL- The independent redistricting commission of a State
shall terminate on the day after the date of the first regularly scheduled
general election for Federal office which occurs after the chief executive
of the State receives the State apportionment notice.
(2) PRESERVATION OF RECORDS- The State shall ensure that the records
of the independent redistricting commission are retained in the appropriate
State archive in such manner as may be necessary to enable the State
to respond to any civil action brought with respect to Congressional
redistricting in the State.
SEC. 5. SELECTION OF PLAN BY COURTS.
(1) SUBMISSION AND SELECTION OF PLAN- If a redistricting plan developed
by the independent redistricting commission of a State is not enacted
into law under section 4(c)(3) by the first November 1 which occurs
after the chief executive of the State receives the State apportionment
notice, the commission may submit redistricting plans developed by
the commission in accordance with section 4 to the highest court of
the State, which may select and publish one of the submitted plans
to serve as the redistricting plan for the State.
(2) NO MODIFICATION OF PLAN PERMITTED- The highest court of a State
may not modify any redistricting plan submitted under this subsection.
(1) FAILURE OF STATE COURT TO SELECT PLAN-
(A) NOTICE TO COURT IF PLAN NOT SELECTED BY STATE COURT- If a State
court to whom redistricting plans have been submitted under subsection
(a) does not select a plan to serve as the redistricting plan for
the State under such subsection on or before the first December
1 which occurs after the chief executive of the State receives the
State apportionment notice, the State shall file a notice with the
United States district court for the district in which the capital
of the State is located.
(B) DEVELOPMENT AND SELECTION OF PLAN BY FEDERAL COURT- Not later
than 30 days after receiving a notice from a State under subparagraph
(A), the court shall develop and publish a final redistricting plan
for the State.
(2) FAILURE OF STATE TO ESTABLISH COMMISSION-
(A) IN GENERAL- If a State does not establish an independent redistricting
commission under section 4 by the first September 1 which occurs
after the chief executive of the State receives the State apportionment
notice--
(i) the State may not establish the commission; and
(ii) the United States district court for the district in which
the capital of the State is located shall develop and publish
a final redistricting plan for the State not later than the first
December 1 which occurs after the chief executive of the State
receives the State apportionment notice.
(B) DETERMINATION OF FAILURE TO ESTABLISH COMMISSION- For purposes
of subparagraph (A), a State shall be considered to have failed
to establish an independent redistricting commission by the date
referred to in such subparagraph if a chair of the commission has
not been appointed on or before such date.
(3) CRITERIA- It is the sense of Congress that, in developing a redistricting
plan for a State under this subsection, the district court should
adhere to the same terms and conditions that applied to the development
of the plan of the commission under section 4(b).
(c) Access to Information and Records of Commission- A court which is
required to select, publish, or develop a redistricting plan for a State
under this section shall have access to any information, data, software,
or other records and material used by the independent redistricting
commission of the State in carrying out its duties under this Act.
SEC. 6. SPECIAL RULE FOR REDISTRICTING CONDUCTED UNDER ORDER OF FEDERAL
COURT.
If a Federal court requires a State to conduct redistricting subsequent
to an apportionment of Representatives in the State in order to comply
with the Constitution or to enforce the Voting Rights Act of 1965, sections
4 and 5 shall apply with respect to the redistricting, except that--
(1) the deadline for the establishment of the independent redistricting
commission and the appointment of the commission's chair (as described
in section 4(a)(5)) shall be the expiration of the 30-day period which
begins on the date of the final order of the Federal court to conduct
the redistricting;
(2) the deadline for the submission of redistricting plans to the
legislature by the commission, and the date of the termination of
the commission (as described in section 4(c)(1) and section 4(e))
shall be the expiration of the 150-day period which begins on the
date of the final order of the Federal court to conduct the redistricting;
(3) the deadline for the selection and publication of the plan by
the highest court of the State (as described in section 5(a)) shall
be the expiration of the 180-day period which begins on the date of
the final order of the Federal court to conduct the redistricting;
and
(4) the deadline for the selection and publication of the plan by
the district court of the United States (as described in section 5(b))
shall be the expiration of the 210-day period which begins on the
date of the final order of the Federal court to conduct the redistricting.
SEC. 7. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING.
(a) Authorization of Payments- Subject to subsection (d), not later
than 30 days after a State receives a State apportionment notice, the
Election Assistance Commission shall make a payment to the State in
an amount equal to the product of--
(1) the number of Representatives to which the State is entitled,
as provided under the notice; and
(b) Use of Funds- A State shall use the payment made under this section
to establish and operate the State's independent redistricting commission,
to implement the State redistricting plan, and to otherwise carry out
Congressional redistricting in the State.
(c) No Payment to States With Single Member- The Election Assistance
Commission shall not make a payment under this section to any State
which is not entitled to more than one Representative under its State
apportionment notice.
(d) Requiring Establishment of Commission as Condition of Payment- The
Election Assistance Commission may not make a payment to a State under
this section until the State certifies to the Commission that the State
has established an independent redistricting commission, and that a
chair of the commission has been appointed, in accordance with section
4.
(e) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be necessary for payments under this section.
SEC. 8. STATE APPORTIONMENT NOTICE DEFINED.
In this Act, the term `State apportionment notice' means, with respect
to a State, the notice sent to the State from the Clerk of the House
of Representatives under section 22(b) of the Act entitled `An Act to
provide for the fifteenth and subsequent decennial censuses and to provide
for an apportionment of Representatives in Congress', approved June
18, 1929 (2 U.S.C. 2a), of the number of Representatives to which the
State is entitled.
SEC. 9. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with respect
to any Congressional redistricting which occurs after the regular decennial
census conducted during 2010.
END
