Sec. 4. Enactment of plan by State legislature
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/bill/113/hr/3906/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than February 15 of each redistricting year, each State shall appoint a commission to be known as the Temporary Redistricting Advisory Commission (hereafter referred to as the Commission ), consisting of— 2 members, of whom 1 shall be appointed by the majority leader of the upper house of the State legislature and 1 shall be appointed by the majority leader of the lower house of the State legislature (or, in the case of a State with a unicameral legislature, both of whom shall be appointed by the majority leader of the legislature); 2 members, of whom 1 shall be appointed by the minority leader of the upper house of the State legislature and 1 shall be appointed by the minority leader of the lower house of the State legislature (or, in the case of a State with a unicameral legislature, both of whom shall be appointed by the minority leader of the legislature); and 1 member appointed by a majority vote of the members appointed under the previous subparagraphs.
An individual is eligible to serve as a member of the Commission if the individual meets each of the following requirements: The individual is an eligible elector of the State at the time of appointment. The individual does not hold a partisan political office or serve as an officer of a political party. The individual is not an employee or an immediate family member of a member of the State legislature or member of Congress, or an employee of the State legislature or Congress.
In this subparagraph, the term immediate family member means, with respect to an individual, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law. At the request of the nonpartisan agency established or designated under section 3, the Commission shall provide guidance to the agency in its development of the redistricting plan for the State. Upon receiving the redistricting plan from the nonpartisan agency under section 3(c), the Commission shall analyze and review the plan, and shall hold at least 3 public hearings in various geographic areas of the State to solicit comments on the plan.
Not later than 14 days after receiving the redistricting plan from the nonpartisan agency under section 3, the Commission shall submit a report to the State legislature which includes the Commission’s recommendation regarding whether the legislature should adopt or reject the plan, taking into account any comments provided at the hearings held under subparagraph (A), as well as any other comments and conclusions regarding the plan which the Commission considers appropriate. The Commission shall terminate upon the enactment into law of the redistricting plan for the State.
Not later than 3 days after receiving the Commission’s report under subsection
(a)on the redistricting plan developed by the nonpartisan agency, the State legislature shall either— approve the plan as submitted by the nonpartisan agency without amendment and forward the plan to the chief executive of the State; or reject the plan. A redistricting plan developed by the nonpartisan agency shall be considered to be enacted into law if the plan is forwarded to the chief executive of the State pursuant to paragraph (1)(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 nonpartisan agency shall be considered to be enacted into law if the State legislature approves the plan as submitted by the nonpartisan agency without amendment. If the State legislature votes under subsection (b)(1) to reject the redistricting plan of the nonpartisan agency, not later than 7 days after the vote to reject the plan the legislature shall submit to the nonpartisan agency and disseminate publicly a statement of the legislature’s reasons for rejecting the plan. If the chief executive vetoes the redistricting plan of the nonpartisan agency and the State legislature fails to override the veto, not later than 7 days after the failed vote to override the veto the chief executive shall submit to the nonpartisan agency and disseminate publicly a statement of the chief executive’s reasons for vetoing the plan. Not later than 35 days after receiving a statement from the State legislature under paragraph
(1)or a statement from the chief executive of the State under paragraph
(2)(as the case may be), the nonpartisan agency established or designated under section 3 shall develop a revised redistricting plan for the State which is consistent with the criteria set forth in section 3(b) but which addresses the reasons provided under paragraph
(1)or paragraph
(2)(as the case may be) for the rejection of the plan, and shall submit the revised plan to the State legislature. Not later than 7 days after receiving the revised redistricting plan under paragraph (3), the State legislature shall either— approve the revised plan as submitted by the nonpartisan agency without amendment and forward the plan to the chief executive of the State; or reject the plan. Subsection (b)(2) shall apply with respect to the enactment of the revised plan developed and submitted by the nonpartisan agency under paragraph
(3)in the same manner as such subsection applies with respect to the initial redistricting plan developed and submitted by the agency under such subsection. If the State legislature votes under subsection (c)(4) to reject the revised redistricting plan of the nonpartisan agency, not later than 7 days after the vote to reject the plan the legislature shall submit to the nonpartisan agency and disseminate publicly a statement of the legislature’s reasons for rejecting the revised plan. If the chief executive vetoes the revised redistricting plan of the nonpartisan agency and the State legislature fails to override the veto, not later than 7 days after the failed vote to override the veto the chief executive shall submit to the nonpartisan agency and disseminate publicly a statement of the chief executive’s reasons for vetoing the revised plan. Not later than 35 days after receiving a statement from the State legislature under paragraph
(1)or a statement from the chief executive of the State under paragraph
(2)(as the case may be), the nonpartisan agency established or designated under section 3 shall develop a second revised redistricting plan for the State which is consistent with the criteria set forth in section 3(b) but which addresses the reasons provided under paragraph
(1)or paragraph
(2)(as the case may be) for the rejection of the revised plan, and shall submit the second revised plan to the State legislature. Not later than 7 days after receiving the second revised redistricting plan under paragraph (3), the State legislature shall either— approve the second revised plan as submitted by the nonpartisan agency with or without amendment and forward the plan to the chief executive of the State; or reject the plan. Subsection (b)(2) shall apply with respect to the enactment of the second revised plan developed and submitted by the nonpartisan agency under paragraph
(3)in the same manner as such subsection applies with respect to the initial redistricting plan developed and submitted by the agency under such subsection. If the second revised redistricting plan developed and submitted under subsection
(d)is not enacted into law, the highest court of the State shall assume sole responsibility for the development and enactment of the redistricting plan for the State, and shall publish the plan it develops not later than November 15 of the redistricting year. Section 3(b) shall apply with respect to the development of the redistricting plan by a court under this subsection in the same manner as such section applies to the development of the plan by the nonpartisan agency under section 3. Upon the publication by the highest court of the State of the redistricting plan under this subsection, the plan shall be deemed to be enacted into law.