119-hr4632

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4632 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4632

To establish the use of ranked choice voting in elections for Senators 
 and Representatives in Congress, to require each State with more than 
 one Representative to establish multi-member congressional districts, 
 to require States to conduct congressional redistricting according to 
 nonpartisan criteria, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 July 23, 2025

 Mr. Beyer (for himself, Mr. Raskin, Mr. Peters, Mr. McGovern, and Mr. 
 Khanna) introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committee on House 
 Administration, for a period to be subsequently determined by the 
 Speaker, 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 Congress, to require each State with more than 
 one Representative to establish multi-member congressional districts, 
 to require States to conduct congressional redistricting according to 
 nonpartisan criteria, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Fair 
Representation Act''.

    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

Sec. 2. Finding of constitutional authority.
 TITLE I--RANKED CHOICE VOTING

Sec. 101. Requiring ranked choice voting for election of Senators and 
 Representatives.

Sec. 102. Applicability of enforcement provisions of Help America Vote 
 Act of 2002.

Sec. 103. Effective date.
 TITLE II--MULTI-MEMBER DISTRICTS

Sec. 201. Requiring use of multi-member districts in certain States.

Sec. 202. Election of representatives at large in certain States.

Sec. 203. Establishing minimum number of candidates in general 
 election.

Sec. 204. Conforming amendments.

Sec. 205. Prohibition on winner-take-all elections.

Sec. 206. Exception for States in which use of multi-member or at large 
 districts will result in diminishment of 
 voting rights.

Sec. 207. Effective date.
 TITLE III--NONPARTISAN REDISTRICTING REFORM

Sec. 301. Requiring congressional redistricting plans to comply with 
 nonpartisan criteria.

Sec. 302. Ban on mid-decade redistricting.

Sec. 303. Criteria for redistricting.

Sec. 304. Development of plan.

Sec. 305. Failure by State to enact plan.

Sec. 306. Civil enforcement.

Sec. 307. Effective date.
 TITLE IV--GENERAL PROVISIONS

Sec. 401. No effect on elections for State and local office.

Sec. 402. Severability.

SEC. 2. 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--

    (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 Senators and Members of the House of 
 Representatives;

    (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; and

    (3) 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 1 of such amendment, 
 including protections against excessive partisan gerrymandering 
 that Federal courts have not enforced because they understand 
 such enforcement to be committed to Congress by the 
 Constitution.

 TITLE I--RANKED CHOICE VOTING

SEC. 101. REQUIRING RANKED CHOICE VOTING FOR ELECTION OF SENATORS AND 
 REPRESENTATIVES.

    (a) In General.--Title III of the Help America Vote Act of 2001 (52 
U.S.C. 21081 et seq.) is amended by adding at the end the following new 
subtitle:

 ``Subtitle C--Ranked Choice Voting

 ``PART 1--REQUIRING RANKED CHOICE VOTING FOR ELECTION OF SENATORS AND 
 REPRESENTATIVES

``

SEC. 321. REQUIRING RANKED CHOICE VOTING FOR ELECTION OF SENATORS AND 
 REPRESENTATIVES.

 ``

    (a) Ranked Choice Voting.--Except as provided in 

section 205 of 
the Fair Representation Act, each State shall carry out elections for 
the office of Senator and the office of Representative in Congress 
using ranked choice voting, a system under which each voter may rank 
the candidates for the office in the order of the voter's preference, 
and ballots are tabulated, in accordance with the following:
 ``

    (1) In any single-seat election and any election for the 
 office of Senator, the State shall carry out the election using 
 single-seat ranked choice voting as described in 

section 322

    (a) .
 ``

    (2) In any multi-seat election, the State shall carry out 
 the election using multi-seat ranked choice voting as described 
 in 

section 322

    (b) .
 ``

    (b) Ballot Design.--
 ``

    (1) In general.--Each State shall ensure that the ballot 
 used in an ranked choice voting election under this title meets 
 each of the following requirements:
 ``
        (A) The ballot shall allow voters to rank 
 candidates in order of choice.
 ``
        (B) The number of candidates whom a voter may 
 rank in the election, as determined under paragraph

    (2) , shall be uniform for all voters in the election 
 within the State.
 ``
            (C) The ballot shall include all qualified 
 candidates for the election and (to the extent 
 permitted under State law) options for voters to select 
 write-in candidates.
 ``
            (D) 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 system.
 ``

    (2) 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 follows:
 ``
        (A) If feasible, 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 
 4.
 ``
        (B) If the number of candidates in the election 
 is less than the number of ranking provided under 
 subparagraph
        (A) , the ballot shall permit voters to 
 rank a number of candidates which is not fewer than the 
 number of candidates in the election, including write-
 in candidates.
 ``
            (C) If it is not feasible for the ballot to 
 permit voters to rank as many candidates as required 
 under subparagraphs
        (A) or
        (B) , 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 State, except that such number may 
 not be less than 5 for any election on the ballot.

``

SEC. 322. TABULATION OF BALLOTS.

 ``

    (a) Tabulation for Single-Seat Congressional Elections.--
 ``

    (1) Process for tabulation.--In the case of a single-seat 
 election, each ballot cast in the election shall count as one 
 vote for the highest-ranked active candidate on the ballot. 
 Tabulation shall proceed in rounds as described in paragraphs

    (2) and

    (3) .
 ``

    (2) Elimination of candidates during tabulation.--If 
 there are more than two active candidates, the active candidate 
 with the fewest votes is eliminated, each vote cast on a ballot 
 for the eliminated candidate shall be counted for the next-
 ranked active candidate on the ballot, and a new round shall 
 begin.
 ``

    (3) Completion of tabulation; election of candidate.--
 When there are two or fewer active candidates--
 ``
        (A) tabulation is complete; and
 ``
        (B) the candidate receiving the greatest number 
 of votes shall be elected to the office of Senator or 
 Representative in Congress (or, in the case of a 
 primary election, shall advance to the general election 
 for such office as provided under the law of the State 
 involved).
 ``

    (b) Tabulation for Multi-Seat Congressional Elections.----
 ``

    (1) Process for tabulation.--In the case of a multi-seat 
 election, each ballot cast in the election shall count at its 
 current transfer value for the highest-ranked active candidate 
 on the ballot. Tabulation shall proceed as described in 
 paragraphs

    (2) ,

    (3) , and

    (4) .
 ``

    (2) Election of candidates during tabulation; surplus-
 transfer round.--If any active candidate has a number of votes 
 greater than or equal to the election threshold, that candidate 
 shall be designated as elected, and the surplus votes shall be 
 transferred to other candidates as follows:
 ``
        (A) Unless paragraph

    (4) applies, 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 
 candidate, truncated after 4 decimal places.
 ``
        (B) 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 
 rounds, each ballot counting towards the elected 
 candidate shall be transferred at its new transfer 
 value to its next-ranked active candidate, and a new 
 round shall begin.
 ``
            (C) If two or more candidates have a number of 
 votes greater than the election threshold, the 
 surpluses shall be distributed simultaneously in the 
 same round.
 ``

    (3) Elimination of candidates during tabulation; 
 elimination round.--Unless paragraph

    (2) or paragraph

    (4) applies, the active candidate with the fewest votes is 
 eliminated, each vote cast on a ballot for the eliminated 
 candidate shall be counted for the next-ranked active candidate 
 on the ballot, and a new round shall begin.
 ``

    (4) Completion of tabulation.--Tabulation in a multi-seat 
 election is complete if--
 ``
        (A) 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 candidate; 
 or
 ``
        (B) 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 time.
 ``
            (c) Treatment of Certain Ballots.--
 ``

    (1) 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 section. For purposes of this 
 paragraph, an `undervote' is a ballot for which the voter does 
 not rank any of the candidates in the election.
 ``

    (2) Treatment of inactive ballots.--
 ``
        (A) 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 
 inactive.
 ``
        (B) Inactive ballot defined.--For purposes of 
 this paragraph, an `inactive ballot' is a ballot on 
 which--
 ``
            (i) all of the ranked candidates on the 
 ballot have become inactive; or
 ``
            (ii) the voter ranks more than one 
 candidate at the same ranking and all 
 candidates at a higher ranking have become 
 inactive.
 ``

    (3) Treatment of skipped or repeated rankings.--
 ``
        (A) 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 section.
 ``
        (B) Skipped and repeated rankings defined.--For 
 purposes of this paragraph--
 ``
            (i) a `skipped ranking' is a ranking a 
 voter does not assign to any candidate while 
 assigning a subsequent ranking to a candidate; 
 and
 ``
            (ii) a `repeated ranking' is a ranking 
 for which the voter has assigned the same 
 candidate that the voter assigned to another 
 ranking.

``

SEC. 323. TREATMENT OF TIES BETWEEN CANDIDATES.

 ``

    (a) 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 resolved, the tie shall be resolved by lot or 
by such other method as may be provided under State law.
 ``

    (b) Resolution Prior to Tabulation.--Prior to tabulation, the 
chief election official of the State may resolve prospective ties 
between candidates by lot or according to the method provided under 
State law, as described in subsection

    (a) .
 ``
            (c) Use During Recount.--The result of the resolution of any tie 
shall be recorded and reused for purposes of any recount under State 
law.

``

SEC. 324. DEFINITIONS.

 ``In this part, the following definitions apply:
 ``

    (1) The term `active candidate' means, with respect to 
 any round of tabulation under this part, a candidate who has 
 not been elected or eliminated, and who is not a withdrawn 
 candidate.
 ``

    (2) The term `election threshold' means the number of 
 votes sufficient for a candidate to be elected in a multi-seat 
 election. Such number is equal to the total votes counted for 
 active candidates in the first round of tabulation, divided by 
 the sum of one plus the number of seats to be filled, then 
 increased by one, disregarding any fractions.
 ``

    (3) The term `highest-ranked active candidate' means the 
 active candidate assigned to a higher ranking than any other 
 active candidate.
 ``

    (4) The term `multi-seat election' means any primary 
 election in which more than one candidate in the primary 
 election will advance to the general election, any special 
 election for more than one seat, and any general election in 
 which more than one Representative is elected at large or in a 
 multi-member district.
 ``

    (5) The term `ranking' means the number available to be 
 assigned by a voter to a candidate to express the voter's 
 choice for that candidate, with `1' as the highest ranking and 
 each succeeding positive number as the next highest ranking.
 ``

    (6) The term `single-seat election' means any primary 
 election in which exactly one candidate in the primary election 
 will advance to the general election, any special election for 
 exactly one seat, any general election for the office of 
 Senator, and any general election in which only one 
 Representative is elected at large.
 ``

    (7) The term `surplus fraction' means, with respect to an 
 elected candidate as described in 

section 322

    (b)

    (1) , the number 
 obtained by subtracting the election threshold from the 
 candidate's vote total, then dividing that number by the 
 candidate's vote total, truncated after four decimal places.
 ``

    (8) The term `transfer value' means the proportion of a 
 vote that a ballot will contribute to its highest-ranked active 
 candidate. Each ballot begins with a transfer value of 1. If a 
 ballot contributes to the election of a candidate under 

section 322

    (b)

    (1) , the transfer value shall be the new transfer value 
 assigned under such section.
 ``

    (9) The term `vote total' means, with respect to a 
 candidate in a round of counting, the total transfer value of 
 all ballots counting for the candidate in the round.
 ``

    (10) The term `withdrawn candidate' means a candidate 
 who, prior to the date of the election, files or has an 
 authorized designee file a signed letter of withdrawal from the 
 election, in accordance with such rules as the chief election 
 official of the State may establish.

 ``PART 2--PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING

``

SEC. 331. PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING.

 ``

    (a) Payments Described.--
 ``

    (1) Payments.--Not later than June 1, 2026, the 
 Commission shall make a payment to each State in the amount 
 determined with respect to the State under paragraph

    (2) .
 ``

    (2) Amount determined on basis of number of registered 
 voters.--
 ``
        (A) In general.--The amount determined under this 
 paragraph is the product of--
 ``
            (i) the number of individuals registered 
 to vote in elections for Federal office in the 
 State, based on the most recently available 
 information on voter registration in the State, 
 as provided to the Commission by the State; and
 ``
            (ii) the per capita amount established by 
 the Commission under subparagraph
        (B) .
 ``
        (B) Per capita amount.--For purposes of this 
 paragraph, the Commission shall establish a separate, 
 appropriate per capita payment amount for each State 
 that may be no less than $4 and no more than $8, taking 
 into account any reasonable demonstrated or estimated 
 costs associated with the use of ranked choice voting, 
 including costs related to voting equipment updates; 
 election setup licensing costs; programming; ballot 
 design and printing; training; processing, canvassing, 
 centralization, and tabulation; preliminary and final 
 results reporting and displaying; post-election audits 
 and recounts; and voter information, education, and 
 engagement.
 ``

    (b) Use of Funds.--A State shall use the payment made under 
subsection

    (a) to implement ranked choice voting under this subtitle, 
including educating voters about ranked choice voting, and to otherwise 
carry out elections for Federal office in the State.
 ``
            (c) 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 1 of 
subtitle D of title II.
 ``
            (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for payments under this 
section.

 ``PART 3--GENERAL PROVISIONS

``

SEC. 341. 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 25 of the Revised 
Statutes of the United States (2 U.S.C. 7) for the regularly scheduled 
general election for such office, 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 date, as determined in 
accordance with the system of ranked choice voting under this title.

``

SEC. 342. APPLICATION TO DISTRICT OF COLUMBIA AND TERRITORIES.

 ``

    (a) Election of Delegates and Resident Commissioner.--In this 
subtitle, the term `Representative' includes a Delegate or Resident 
Commissioner to the Congress.
 ``

    (b) 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 State.''.

    (b) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the item relating to title III the 
following:

 ``Subtitle C--Ranked Choice Voting

 ``Part 1--Requiring Ranked Choice Voting for Election of Senators and 
 Representatives

 ``

Sec. 321. Requiring ranked choice voting for election of 
 Senators and Representatives.
 ``

Sec. 322. Tabulation of ballots.
 ``

Sec. 323. Treatment of ties between candidates.
 ``

Sec. 324. Definitions.
 ``Part 2--Payments to States To Implement Ranked Choice Voting

 ``

Sec. 331. Payments to States to implement ranked choice 
 voting.
 ``Part 3--General Provisions

 ``

Sec. 341. Treatment of States not holding primary elections 
 prior to date of general election.
 ``

Sec. 342. Application to District of Columbia and 
 territories.

SEC. 102. APPLICABILITY OF ENFORCEMENT PROVISIONS OF HELP AMERICA VOTE 
 ACT OF 2002.

 

Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) 
is amended by striking ``sections 301, 302, and 303'' and inserting 
``title III''.

SEC. 103. EFFECTIVE DATE.

 This title and the amendments made by this title shall apply with 
respect to--

    (1) elections for the office of Senator which are held 
 during 2026 or any succeeding year; and

    (2) elections for the office of Representative which are 
 held pursuant to the reapportionment of Representatives 
 resulting from the regular decennial census conducted during 
 2030 and all subsequent elections.

 TITLE II--MULTI-MEMBER DISTRICTS

SEC. 201. REQUIRING USE OF MULTI-MEMBER DISTRICTS IN CERTAIN STATES.

    (a) Rules for States With Six or More Representatives.--Except as 
provided in 

section 202

    (b) , if a State is entitled to six or more 
Representatives in Congress under an apportionment made 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

    (a) ), 
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 entitled, and Representatives 
shall be elected only from districts so established.

    (b) Criteria for Number of Districts.--In establishing the number 
of districts for the State under subsection

    (a) , the State shall follow 
the following criteria:

    (1) The State shall ensure that districts shall each have 
 equal population per Representative as nearly as practicable, 
 in accordance with the Constitution of the United States.

    (2) The number of Representatives to be elected from any 
 district may not be fewer than three or greater than five.

SEC. 202. ELECTION OF REPRESENTATIVES AT LARGE IN CERTAIN STATES.

    (a) Mandatory Elections at Large.--If a State is entitled to five 
or fewer Representatives in Congress under an apportionment made 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

    (a) ), the State shall elect all such Representatives at large.

    (b) Optional Elections at Large.--If a State is entitled to six or 
seven Representatives in Congress under an apportionment made 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

    (a) ), the State may, at its option, elect all such Representatives at 
large.

SEC. 203. ESTABLISHING MINIMUM NUMBER OF CANDIDATES IN GENERAL 
 ELECTION.

    (a) States With Partisan Nominating Primaries.--

    (1) In general.--If, in a primary election for the office 
 of Representative, the candidates that advance to the general 
 election do so by winning the nomination of a political party 
 (without regard to whether or not the election is open or 
 closed to voters on the basis of political party preference), 
 the State shall ensure that the number of candidates to be 
 nominated by each political party is equal to the lesser of--
        (A) the number of Representatives who will be 
 elected from the district involved; or
        (B) the number of candidates in the primary 
 election.

    (2) Authority of political parties to determine number of 
 candidates advancing in multi-seat elections.--Notwithstanding 
 paragraph

    (1) , in the case of a primary election described in 
 such paragraph which is a multi-seat primary election, 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 appropriate.

    (3) Multi-seat primary election defined.--In this 
 subsection, 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 
 elected.

    (b) States With Nonpartisan Blanket Primaries.--

    (1) 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 
 Representative, 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--
        (A) five;
        (B) twice the number of Representatives who will be 
 elected from the district involved; or
            (C) such greater number as the State may establish 
 by law.

    (2) Nonpartisan blanket primary election defined.--In this 
 subsection, a ``nonpartisan blanket primary election'' is a 
 primary election for the office of Representative conducted 
 prior to the date established under 

section 25 of the Revised 
 Statutes of the United States (2 U.S.C. 7) for the regularly 
 scheduled general election for such office, under which--
        (A) each candidate for such office, regardless of 
 the candidate's political party preference or lack 
 thereof, shall appear on a single ballot;
        (B) 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 election, regardless 
 of the voter's political party preference or lack 
 thereof; and
            (C) 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 thereof.
            (c) 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 25 of the Revised Statutes 
of the United States (2 U.S.C. 7) for the regularly scheduled general 
election for such offices, all seats shall be elected at the election 
taking place on such date.

SEC. 204. CONFORMING AMENDMENTS.

    (a) Election of Representatives Prior to Reapportionment.--

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 ``Until a State'' and inserting ``Except as 
provided in title II of the Fair Representation Act, until a State''.

    (b) Number of Representatives.--

Section 22

    (b) of the Act entitled 
``An Act to provide for apportioning Representatives in Congress among 
the several States by the equal proportions method'', approved November 
15, 1941 (2 U.S.C. 2b), is amended by striking ``Each State'' and 
inserting ``Except as provided in title II of the Fair Representation 
Act, each State''.
            (c) Number of Representatives From Each District.--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 striking ``In each State'' and inserting ``Except as 
provided in title II of the Fair Representation Act, in each State''.
            (d) Nomination for Representatives at Large.--

Section 5 of the Act 
entitled ``An Act For the apportionment of Representatives in Congress 
among the several States under the Thirteenth Census'', approved August 
8, 1911 (2 U.S.C. 5), is amended by striking ``Candidates for 
Representative'' and inserting ``Except as provided in title II of the 
Fair Representation Act, candidates for Representative''.

SEC. 205. PROHIBITION ON WINNER-TAKE-ALL ELECTIONS.

 If, for any reason, a State cannot use ranked choice voting under 
subtitle C of title III of the Help America Vote Act of 2002, as added 
by 

section 101, then in any election held at large or in a multi-winner 
district in which more than one Representative will be elected, 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 candidates, divided by the sum of one plus the number 
of seats to be filled, then increased by one, disregarding any 
fractions..

SEC. 206. EXCEPTION FOR STATES IN WHICH USE OF MULTI-MEMBER OR AT LARGE 
 DISTRICTS WILL RESULT IN DIMINISHMENT OF VOTING RIGHTS.

    (a) Exception.--If, in an action brought under 

section 306, the 
court determines that the use of multi-member or at large districts by 
a State, as set forth in the congressional redistricting plan of a 
State with respect to the apportionment of Representatives resulting 
from a decennial census, 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 
color, or in contravention of the guarantees set forth in 

section 4

    (f)

    (2) of the Voting Rights Act of 1965 (52 U.S.C. 10303

    (f)

    (2) ), to 
elect their preferred candidates of choice--

    (1) 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 apply; 
 and

    (2) subject to 

section 306
            (c) , 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 State.

    (b) 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 section, 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 III.

SEC. 207. 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 
Congress.

 TITLE III--NONPARTISAN REDISTRICTING REFORM

SEC. 301. 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 303.

SEC. 302. 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 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), unless a court requires the State to 
conduct such subsequent redistricting to comply with the Constitution 
of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et 
seq.), or the terms or conditions of this title.

SEC. 303. CRITERIA FOR REDISTRICTING.

    (a) Ranked Criteria.--The redistricting plan of a State shall be 
developed in accordance with the following criteria, as set forth in 
the following order of priority:

    (1) Districts shall comply with the Constitution of the 
 United States, including the requirement that they 
 substantially equalize total population, without regard to age, 
 citizenship status, or immigration status.

    (2) Districts shall comply with the Voting Rights Act of 
 1965 (52 U.S.C. 10301 et seq.), and all applicable Federal 
 laws.

    (3)
        (A) Districts shall be drawn, to the extent that the 
 totality of the circumstances warrant, to ensure the practical 
 ability of a group protected under the Voting Rights Act of 
 1965 (52 U.S.C. 10301 et seq.), whether alone or in coalition 
 with others, to participate in the political process and to 
 nominate candidates and to elect representatives of choice is 
 not diluted or diminished.
        (B) For purposes of subparagraph
        (A) , 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 factors:
            (i) Whether the group is politically cohesive.
            (ii) Whether there is racially polarized voting in 
 the relevant geographic region.
            (iii) If there is racially polarized voting in the 
 relevant geographic region, 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 choice.

    (4) To the extent practicable, districts shall reflect the 
 diversity of political opinion in the State such that no 
 district in the State--
        (A) elects exactly 3 Representatives and the 
 nominee of one political party for President received 
 at least 75 percent of the votes cast in the geographic 
 area covered by the district in 2 of the 3 most recent 
 Presidential elections;
        (B) elects exactly 4 Representatives and the 
 nominee of one political party for President received 
 at least 80 percent of the votes cast in the geographic 
 area covered by the district in 2 of the 3 most recent 
 Presidential elections; or
            (C) elects exactly 5 Representatives and the 
 nominee of one political party for President received 
 at least 83 percent of the votes cast in the geographic 
 area covered by the district in 2 of the 3 most recent 
 Presidential elections.

    (5) To the greatest extent practicable the State shall 
 minimize the number of districts electing 4 Representatives.

    (6) To the greatest extent practicable the State shall 
 maximize the number of districts electing 5 Representatives.

    (7)
        (A) Districts shall be drawn to represent communities of 
 interest and neighborhoods to the extent practicable after 
 compliance with the requirements of paragraphs

    (1) through

    (6) . 
 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 needs, including 
 shared interests and representational needs rooted in common 
 ethnic, racial, economic, Indian, social, cultural, geographic, 
 or historic identities, or arising from similar socioeconomic 
 conditions. The term communities of interest may, if the record 
 warrants, include political subdivisions such as counties, 
 municipalities, Indian lands, or school districts, but shall 
 not include common relationships with political parties or 
 political candidates.
        (B) For purposes of subparagraph
        (A) , in considering the 
 needs of multiple, overlapping communities of interest, 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 district.

    (b) No Favoring or Disfavoring of Political Parties.--

    (1) Prohibition.--A State may not use a redistricting plan 
 to conduct an election if the plan's congressional districts, 
 when considered cumulatively on a statewide basis, have been 
 drawn with the intent or have the effect of materially favoring 
 or disfavoring any political party.

    (2) 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 which, at a minimum, shall 
 involve consideration of each of the following factors:
        (A) Computer modeling based on relevant statewide 
 general elections for Federal office held over the 8 
 years preceding the adoption of the redistricting plan 
 setting forth the probable electoral outcomes for the 
 plan under a range of reasonably foreseeable 
 conditions.
        (B) An analysis of whether the redistricting plan 
 is statistically likely to result in partisan advantage 
 or disadvantage on a statewide basis, the degree of any 
 such advantage or disadvantage, and whether such 
 advantage or disadvantage is likely to be present under 
 a range of reasonably foreseeable electoral conditions.
            (C) 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

    (1) through

    (6) of 
 subsection

    (a) in order to determine whether reasonable 
 alternatives exist that would result in materially 
 lower levels of partisan advantage or disadvantage on a 
 statewide basis. For purposes of this subparagraph, 
 alternative plans considered may include both actual 
 plans proposed during the redistricting process and 
 other plans prepared for purposes of comparison.
            (D) Any other relevant information, 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 public.

    (3) 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 party, including evidence of the partisan effects 
 of a plan, the degree of support the plan received from members 
 of the entity responsible for developing and adopting the plan, 
 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 public.

    (4) No violation based on certain criteria.--No 
 redistricting plan shall be found to be in violation of 
 paragraph

    (1) because of the proper application of the criteria 
 set forth in paragraphs

    (1) through

    (6) of subsection

    (a) , 
 unless one or more alternative plans could have complied with 
 such paragraphs without having the effect of materially 
 favoring or disfavoring a political party.
            (c) Factors Prohibited From Consideration.--In developing the 
redistricting plan for the State, the State may not take into 
consideration any of the following factors, except as necessary to 
comply with the criteria described in paragraphs

    (1) through

    (6) of 
subsection

    (a) , to achieve partisan fairness and comply with subsection

    (b) , and to enable the redistricting plan to be measured against the 
external metrics described in 

section 304
            (c) :

    (1) The residence of any Member of the House of 
 Representatives, candidate, or any other individual who is 
 eligible to serve as a Member of the House of Representatives 
 from the State.

    (2) The political party affiliation or voting history of 
 the population of a district.
            (d) Additional Criteria.--A State may not rely upon criteria, 
districting principles, or other policies of the State which are not 
set forth in this section to justify non-compliance with the 
requirements of this section.

    (e) Applicability.--

    (1) In general.--This section applies to any authority, 
 whether appointed, elected, judicial, or otherwise, responsible 
 for enacting the congressional redistricting plan of a State.

    (2) Date of enactment.--This section applies to any 
 congressional redistricting plan enacted following the regular 
 decennial census conducted during 2030.

    (f) Severability of Criteria.--If any provision of this section, or 
the application of any such provision to any person or circumstance, is 
held to be unconstitutional, the remainder of this section, and the 
application of such provision to any other person or circumstance, 
shall not be affected by the holding.

SEC. 304. DEVELOPMENT OF PLAN.

    (a) Public Notice and Input.--

    (1) 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 plan, 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 plans.

    (2) Website.--
        (A) 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 features:
            (i) All proposed redistricting plans and 
 the final redistricting plan, including the 
 accompanying written evaluation under 
 subsection
            (c) .
            (ii) All comments received from the public 
 submitted under paragraph

    (1) .
            (iii) Access in an easily usable format to 
 the demographic and other data used by the 
 entity to develop and analyze the proposed 
 redistricting plans, 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 districts.
            (iv) A method by which members of the 
 public may submit comments directly to the 
 entity.
        (B) Searchable format.--The entity shall ensure 
 that all information posted and maintained on the site 
 under this paragraph, including information and 
 proposed maps submitted by the public, shall be 
 maintained in an easily searchable format.

    (3) 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 
 (or any jurisdiction in the State) is required to provide 
 election materials under 

section 203 of the Voting Rights Act 
 of 1965 (52 U.S.C. 10503).

    (b) Development of Plan.--

    (1) 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 plans. 
 These hearings shall--
        (A) be held in different regions of the State and 
 streamed live on the public internet site maintained 
 under subsection

    (a)

    (2) ; and
        (B) be sufficient in number, scheduled at times and 
 places, and noticed and conducted in a manner to ensure 
 that all members of the public, including members of 
 racial, ethnic, and language minorities protected under 
 the Voting Rights Act of 1965, have a meaningful 
 opportunity to attend and provide input both before and 
 after the entity releases proposed plans.

    (2) Posting of maps.--The entity responsible for developing 
 and adopting the congressional redistricting plan shall make 
 proposed plans, amendments to proposed plans, and the data 
 needed to analyze such plans for compliance with the criteria 
 of this title available for public review, including on the 
 public internet site required under subsection

    (a)

    (2) , for a 
 period of not less than 5 days before any vote or hearing is 
 held on any such plan or any amendment to such a plan.
            (c) 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 plan, including a vote in a 
committee, unless at least 48 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 303

    (b) , 
including the impact of the plan on the ability of members of a class 
of citizens protected by the Voting Rights Act of 1965 (52 U.S.C. 10301 
et seq.) to elect candidates of choice, the degree to which the plan 
preserves or divides communities of interest, and any analysis used by 
the State to assess compliance with the requirements of 

section 303

    (a) and

    (b) .
            (d) 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 plans, 
including alternative plans, available to the public on the internet 
site required under subsection

    (a)

    (2) , at no cost, not later than 24 
hours prior to holding a vote on final adoption of a plan.

SEC. 305. FAILURE BY STATE TO ENACT PLAN.

    (a) Deadline for Enactment of Plan.--Except as provided in 
paragraph

    (2) , each State shall enact a final congressional 
redistricting plan following transmission of a notice of apportionment 
to the President by the earliest of--

    (1) the deadline set forth in State law, including any 
 extension to the deadline provided in accordance with State 
 law;

    (2) February 15 of the year in which regularly scheduled 
 general elections for Federal office are held in the State; or

    (3) 90 days before the date of the next regularly scheduled 
 primary election for Federal office held in the State.

    (b) 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

    (a) , or it appears reasonably 
likely that a State will fail to enact a final congressional 
redistricting plan by such deadline--

    (1) 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 jurisdiction;

    (2) the United States district court for the applicable 
 venue, acting through a 3-judge court convened pursuant to 
 

section 2284 of title 28, United States Code, shall have the 
 exclusive authority to develop and publish the congressional 
 redistricting plan for the State; and

    (3) 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 plan, as described in 
 subsection

    (e) .
            (c) Applicable Venue.--For purposes of this section, 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 
located, as selected by the first party to file with the court 
sufficient evidence that a State has failed to, or is reasonably likely 
to fail to, enact a final redistricting plan for the State prior to the 
expiration of the applicable deadline set forth in subsection

    (a) .
            (d) Procedures for Development of Plan.--

    (1) Criteria.--In developing a redistricting plan for a 
 State under this section, the court shall adhere to the same 
 terms and conditions that applied (or that would have applied, 
 as the case may be) to the development of a plan by the State 
 under 

section 303.

    (2) Access to information and records.--The court shall 
 have access to any information, data, software, or other 
 records and material that was used (or that would have been 
 used, as the case may be) by the State in carrying out its 
 duties under this title.

    (3) Hearing; public participation.--In developing a 
 redistricting plan for a State, the court shall--
        (A) hold one or more evidentiary hearings at which 
 interested members of the public may appear and be 
 heard and present testimony, including expert 
 testimony, in accordance with the rules of the court; 
 and
        (B) consider other submissions and comments by the 
 public, including proposals for redistricting plans to 
 cover the entire State or any portion of the State.

    (4) Use of special master.--To assist in the development 
 and publication of a redistricting plan for a State under this 
 section, the court shall appoint a special master to make 
 recommendations to the court on possible plans for the State.

    (e) Publication of Plan.--

    (1) Public availability of initial plan.--Upon completing 
 the development of one or more initial redistricting plans, the 
 court shall make the plans available to the public at no cost, 
 and shall also make available the underlying data used to 
 develop the plans and a written evaluation of the plans against 
 external metrics (as described in 

section 304
            (c) ).

    (2) Publication of final plan.--At any time after the 
 expiration of the 14-day period which begins on the date the 
 court makes the plans available to the public under paragraph

    (1) , and taking into consideration any submissions and comments 
 by the public which are received during such period, the court 
 shall develop and publish the final redistricting plan for the 
 State.

    (f) 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 proceed, 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 section. 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 plan, including the discretion to make any changes the 
court deems necessary to an interim redistricting plan.

    (g) 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 306.

    (h) 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 court.

SEC. 306. CIVIL ENFORCEMENT.

    (a) Civil Enforcement.--

    (1) Actions by attorney general.--The Attorney General may 
 bring a civil action for such relief as may be appropriate to 
 carry out this title.

    (2) Availability of private right of action.--
        (A) 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 
 law, including this title, with respect to the State's 
 congressional redistricting, 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 failure.
        (B) Special rule for claims relating to partisan 
 advantage.--For purposes of subparagraph
        (A) , a person 
 who is aggrieved by the failure of a State to meet the 
 requirements of 

section 303

    (b) may include--
            (i) any political party or committee in the 
 State; and
            (ii) 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 section.
            (C) No awarding of damages to prevailing party.--
 Except for an award of attorney's fees under subsection
            (d) , a court in a civil action under this section shall 
 not award the prevailing party any monetary damages, 
 compensatory, punitive, or otherwise.

    (3) Delivery of complaint to house and senate.--In any 
 action brought under this section, a copy of the complaint 
 shall be delivered promptly to the Clerk of the House of 
 Representatives and the Secretary of the Senate.

    (4) 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 law, including this title. 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 located, as 
 selected by the person bringing the action. In a civil action 
 that includes a claim that a redistricting plan is in violation 
 of subsection

    (a) or

    (b) of 

section 303, 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 resides, 
 is found, or has an agent, or in the United States judicial 
 district in which the Capital of the State is located. Process 
 may be served in any United States judicial district where a 
 defendant resides, is found, or has an agent, or in the United 
 States judicial district in which the Capital of the State is 
 located.

    (5) Use of 3-judge court.--If an action under this section 
 raises statewide claims under the Constitution or this title, 
 the action shall be heard by a 3-judge court convened pursuant 
 to 

section 2284 of title 28, United States Code.

    (6) 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 Circuit, which shall hear the matter sitting en banc. 
 There shall be no right of appeal in such proceedings to any 
 other court of appeals. Such appeal shall be taken by the 
 filing of a notice of appeal within 10 days of the entry of the 
 final decision. A final decision by the Court of Appeals may be 
 reviewed by the Supreme Court of the United States by writ of 
 certiorari.

    (b) Expedited Consideration.--In any action brought under this 
section, it shall be the duty of the district court, the United States 
Court of Appeals for the District of Columbia Circuit, and the Supreme 
Court of the United States (if it chooses to hear the action) to 
advance on the docket and to expedite to the greatest possible extent 
the disposition of the action and appeal.
            (c) Remedies.--

    (1) Adoption of replacement plan.--
        (A) In general.--If the district court in an action 
 under this section finds that the congressional 
 redistricting plan of a State violates, in whole or in 
 part, the requirements of this title--
            (i) the court shall adopt a replacement 
 congressional redistricting plan for the State 
 in accordance with the process set forth in 
 

section 305; or
            (ii) if circumstances warrant and no delay 
 to an upcoming regularly scheduled election for 
 the House of Representatives in the State would 
 result, the district court, in its discretion, 
 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 title, except 
 that--
            (I) 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 303

    (b) ; and
            (II) nothing in this clause may be 
 construed to permit a State to use such 
 a remedial plan which has not been 
 approved by the court.
        (B) Prohibiting use of plans in violation of 
 requirements.--No court shall order a State to use a 
 congressional redistricting plan which violates, in 
 whole or in part, the requirements of this title, or to 
 conduct an election under terms and conditions which 
 violate, in whole or in part, the requirements of this 
 title.
            (C) Special rule in case final adjudication not 
 expected within 3 months of election.--
            (i) Duty of court.--If final adjudication 
 of an action under this section is not 
 reasonably expected to be completed at least 3 
 months prior to the next regularly scheduled 
 primary election for the House of 
 Representatives in the State, the district 
 court shall--
            (I) develop, adopt, and order the 
 use of an interim congressional 
 redistricting plan in accordance with 
 

section 305

    (f) to address any claims 
 under this title for which a party 
 seeking relief has demonstrated a 
 substantial likelihood of success; or
            (II) order adjustments to the 
 timing of primary elections for the 
 House of Representatives and other 
 related deadlines, as needed, 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 
 Representatives.
            (ii) Prohibiting failure to act on grounds 
 of pendency of election.--The court may not 
 refuse to take any action described in clause
            (i) on the grounds of the pendency of the next 
 election held in the State or the potential for 
 disruption, confusion, or additional burdens 
 with respect to the administration of the 
 election in the State.

    (2) No stay pending appeal.--Notwithstanding the appeal of 
 an order finding that a congressional redistricting plan of a 
 State violates, in whole or in part, the requirements of this 
 title, no stay shall issue which shall bar the development or 
 adoption of a replacement or remedial plan under this 
 subsection, as may be directed by the district court, pending 
 such appeal. If such a replacement or remedial plan has been 
 adopted, no appellate court may stay or otherwise enjoin the 
 use of such plan during the pendency of an appeal, except upon 
 an order holding, based on the record, that adoption of such 
 plan was an abuse of discretion.

    (3) Special authority of court of appeals.--
        (A) Ordering of new remedial plan.--If, upon 
 consideration of an appeal under this title, the Court 
 of Appeals determines that a plan does not comply with 
 the requirements of this title, 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 Appeals.
        (B) Failure of district court to take timely 
 action.--If, at any point during the pendency of an 
 action under this section, 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

    (1)
            (C) , any party may 
 seek a writ of mandamus from the Court of Appeals for 
 the District of Columbia Circuit. 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 motion. If the 
 Court of Appeals determines that a writ should be 
 granted, the Court of Appeals shall take any action 
 necessary, 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 State.

    (4) 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 plan, including 
 claims that the plan which is the subject of the action was 
 enacted, in whole or in part, with discriminatory intent, or 
 claims to consider whether relief should be granted under 
 

section 3
            (c) of the Voting Rights Act of 1965 (52 U.S.C. 
 10302
            (c) ) based on the plan which is the subject of the action.
            (d) Attorney's Fees.--In a civil action under this section, the 
court may allow the prevailing party (other than the United States) 
reasonable attorney fees, including litigation expenses, and costs.

    (e) Relation to Other Laws.--

    (1) 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 
 law, and neither the rights and remedies established by this 
 section nor any other provision of this title shall supersede, 
 restrict, or limit the application of the Voting Rights Act of 
 1965 (52 U.S.C. 10301 et seq.).

    (2) Voting rights act of 1965.--Nothing in this title 
 authorizes or requires conduct that is prohibited by the Voting 
 Rights Act of 1965 (52 U.S.C. 10301 et seq.).

    (f) Legislative Privilege.--No person, legislature, 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 
challenge, under either State or Federal law, to a redistricting plan 
enacted under this title.

    (g) Removal.--

    (1) In general.--At any time, 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 case, including an 
 intervenor, by filing, in the district court for an applicable 
 venue under this section, a notice of removal signed pursuant 
 to Rule 11 of the Federal Rules of Civil Procedure containing a 
 short and plain statement of the grounds for removal. Consent 
 of parties shall not be required for removal.

    (2) Claims not within the original or supplemental 
 jurisdiction.--If a civil action removed in accordance with 
 paragraph

    (1) contains claims not within the original or 
 supplemental jurisdiction of the district court, the district 
 court shall sever all such claims and remand them to the State 
 court from which the action was removed.

SEC. 307. 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 2030 or any succeeding decennial census.

 TITLE IV--GENERAL PROVISIONS

SEC. 401. 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 office, including the process by which a State 
establishes the districts used in such elections.

SEC. 402. SEVERABILITY.

 If any provision of this Act or any amendment made by this Act, or 
the application of a provision of this Act or an amendment made by this 
Act to any person or circumstance, is held to be unconstitutional, the 
remainder of this Act, and the application of the provisions to any 
person or circumstance, shall not be affected by the holding.
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