Sec. 3. Development of plan
482 words·~2 min read·
/bill/113/hr/3906/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than each December 31 of the year preceding a redistricting year, each State shall establish a nonpartisan agency in the legislative branch of the State government to develop the redistricting plan for the State for the redistricting year. For purposes of this subsection, an agency shall be considered to be nonpartisan if under law the agency— is required to provide services on a nonpartisan basis; is required to maintain impartiality; and is prohibited from advocating for the adoption or rejection of any proposal.
At its option, a State may designate an existing agency in the legislative branch of its government to develop the redistricting plan for the State under this Act, so long as the agency meets the requirements for nonpartisanship under this subsection. If a State does not designate an existing agency under paragraph
(3)but instead establishes a new agency to serve as the nonpartisan agency under this section, the new agency shall terminate upon the enactment into law of the redistricting plan for the State. The nonpartisan agency established or designated by a State under this section 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 by more than one percent 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. Ensuring that districts are contiguous (except to the extent necessary to include any area which is surrounded by a body of water). 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. To the greatest extent practicable, maintaining compact districts. In developing the redistricting plan for the State, the nonpartisan agency 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 residence of incumbent Members of the House of Representatives in the State. The voting history of the population of a Congressional district, except that the agency 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. Not later than April 1 of the redistricting year, the nonpartisan agency shall submit the redistricting plan developed under this section to the State legislature and to the Temporary Redistricting Advisory Commission of the legislature established under section 4(a).