Sec. 4. Independent Redistricting Commission
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Each State shall establish an independent redistricting commission composed of— a chair, who shall be appointed by majority vote of the other members of the commission; and an equal number of members (but not fewer than 1) from each of the following categories: 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. 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.
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. 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. In the case of a State with a unicameral legislature, the independent redistricting commission established under this subsection shall be composed of— a chair, who shall be appointed by majority vote of the other members of the commission; and an equal number of members (but not fewer than 2) from each of the following categories:
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. 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.
An individual is eligible to serve as a member of an independent redistricting commission if— 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; 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 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 ).
A vacancy in the commission shall be filled in the manner in which the original appointment was made. 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. 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). The commission shall hold each of its meetings in public. As soon as practicable after establishing the commission, the State shall establish and maintain a public Internet site for the commission which meets the following requirements: The site is updated continuously to provide advance notice of commission meetings and to otherwise provide timely information on the activities of the commission. The site contains the most recent available information from the Bureau of the Census on voting-age population, voter registration, and voting in the State, including precinct-level and census tract-level data with respect to such information, as well as detailed maps reflecting such information. The site includes interactive software to enable any individual to design a redistricting plan for the State on the basis of the information described in subparagraph (B), in accordance with the criteria described in subsection (b)(1). The site permits any individual to submit a proposed redistricting plan to the commission, and to submit questions, comments, and other information with respect to the commission’s activities. The independent redistricting commission of a State shall develop a redistricting plan for the State in accordance with the following criteria: Adherence to the one person, one vote standard and other requirements imposed under the Constitution of the United States. 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). Consistency with any applicable requirements of the Voting Rights Act of 1965 and other Federal laws. 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: The continuity of counties or parishes. The continuity of municipalities. The continuity of neighborhoods (as determined on the basis of census tracts or other relevant information). To the greatest extent practicable, maintaining compact districts (in accordance with such standards as the commission may establish). Ensuring that districts are contiguous (except to the extent necessary to include any area which is surrounded by a body of water). 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: 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. The political party affiliation of the population of a district. The residence of incumbent Members of the House of Representatives in the State. The commission shall solicit and take into consideration comments from the public in developing the redistricting plan for the State by holding meetings in representative geographic regions of the State at which members of the public may provide such input, and by otherwise soliciting input from the public (including redistricting plans developed by members of the public) through the commission Internet site and other methods. Not fewer than 7 days prior to submitting a redistricting plan to the legislature of the State under subsection (c)(1), the commission shall post on the commission Internet site and cause to have published in newspapers of general circulation throughout the State a notice containing the following information: 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. A statement providing specific information on how the adoption of the plan would serve the public interest. Any dissenting statements of any members of the commission who did not approve of the submission of the plan to the legislature. 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. After receiving any redistricting plan under paragraph (1), the legislature of a State may— approve the plan as submitted by the commission without amendment and forward the plan to the chief executive of the State; or reject the plan. 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— the chief executive approves the plan as forwarded by the legislature without amendment; or 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. 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— the plan is submitted to the legislature of the State; and the legislature approves the plan as submitted by the commission without amendment. 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. 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. 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.
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Sec. 4
Independent Redistricting Commission
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