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Code · BILL · 113th Congress · H.R. 2978 (Introduced in House) — To require States to conduct Congressional redistricting through independent commissions, and for other purposes. · Sec. 6

Sec. 6. Enactment of plan developed by courts

456 words·~2 min read·/bill/113/hr/2978/ih/section-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

If a redistricting plan developed by the independent redistricting commission of a State is not enacted into law under section 5(c) by the first August 31 which occurs after the chief executive of the State receives the State apportionment notice, the chief election official of the State shall petition the highest court of the State for an order directing the appointment of a special master to develop and present a redistricting plan to the court. If the highest court of the State approves a redistricting plan developed and presented by a special master under paragraph (1), the plan shall serve as the redistricting plan for the State, and shall be deemed to be enacted on the date on which the court approves the plan.
In developing a redistricting plan under this subsection, the highest court of a State shall ensure that the plan meets the criteria applicable under paragraphs
(1)and
(2)of section 5(a) to plans developed by the independent redistricting commission of the State. If the chief election official of a State petitions the highest court of the State for an order under subsection
(a)and the court does not approve a redistricting plan in accordance with such subsection by the first October 15 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. Not later than 45 days after receiving a notice from a State under subparagraph (A), the court shall develop and publish a final redistricting plan for the State, which shall be deemed to be enacted on the date on which the court publishes the plan. If a State does not establish an independent redistricting commission under section 4 by the deadline set forth in section 4(f)— the State may not establish the commission; and 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 November 30 which occurs after the chief executive of the State receives the State apportionment notice. 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 5(a). A court which is required to 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.
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