Sec. 2411. Independent redistricting commission
1,739 words·~8 min read·
/bill/116/hr/1/pcs/section-2411A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The nonpartisan agency established or designated by a State under section 2414(a) shall establish an independent redistricting commission for the State, which shall consist of 15 members appointed by the agency as follows: Not later than October 1 of a year ending in the numeral zero, the agency shall, at a public meeting held not earlier than 15 days after notice of the meeting has been given to the public, first appoint 6 members as follows: The agency shall appoint 2 members on a random basis from the majority category of the approved selection pool (as described in section 2412(b)(1)(A)).
The agency shall appoint 2 members on a random basis from the minority category of the approved selection pool (as described in section 2412(b)(1)(B)). The agency shall appoint 2 members on a random basis from the independent category of the approved selection pool (as described in section 2412(b)(1)(C)). Not later than November 15 of a year ending in the numeral zero, the members appointed by the agency under subparagraph
(A)shall, at a public meeting held not earlier than 15 days after notice of the meeting has been given to the public, then appoint 9 members as follows: The members shall appoint 3 members from the majority category of the approved selection pool (as described in section 2412(b)(1)(A)). The members shall appoint 3 members from the minority category of the approved selection pool (as described in section 2412(b)(1)(B)). The members shall appoint 3 members from the independent category of the approved selection pool (as described in section 2412(b)(1)(C)). The appointment of any of the 9 members of the independent redistricting commission who are appointed by the first members of the commission pursuant to subparagraph
(B)of paragraph (1), as well as the designation of alternates for such members pursuant to subparagraph
(B)of paragraph
(3)and the appointment of alternates to fill vacancies pursuant to subparagraph
(B)of paragraph (4), shall require the affirmative vote of at least 4 of the members appointed by the nonpartisan agency under subparagraph
(A)of paragraph (1), including at least one member from each of the categories referred to in such subparagraph. In appointing the 9 members pursuant to subparagraph
(B)of paragraph (1), as well as in designating alternates pursuant to subparagraph
(B)of paragraph
(3)and in appointing alternates to fill vacancies pursuant to subparagraph
(B)of paragraph (4), the first members of the independent redistricting commission shall ensure that the membership is representative of the demographic groups (including racial, ethnic, economic, and gender) and geographic regions of the State, and provides racial, ethnic, and language minorities protected under the Voting Rights Act of 1965 with a meaningful opportunity to participate in the development of the State’s redistricting plan. At the time the agency appoints the members of the independent redistricting commission under subparagraph
(A)of paragraph
(1)from each of the categories referred to in such subparagraph, the agency shall, on a random basis, designate 2 other individuals from such category to serve as alternate members who may be appointed to fill vacancies in the commission in accordance with paragraph (4). At the time the members appointed by the agency appoint the other members of the independent redistricting commission under subparagraph
(B)of paragraph
(1)from each of the categories referred to in such subparagraph, the members shall, in accordance with the special rules described in paragraph (2), designate 2 other individuals from such category to serve as alternate members who may be appointed to fill vacancies in the commission in accordance with paragraph (4). If a vacancy occurs in the commission with respect to a member who was appointed by the nonpartisan agency under subparagraph
(A)of paragraph
(1)from one of the categories referred to in such subparagraph, the agency shall fill the vacancy by appointing, on a random basis, one of the 2 alternates from such category who was designated under subparagraph
(A)of paragraph (3). At the time the agency appoints an alternate to fill a vacancy under the previous sentence, the agency shall designate, on a random basis, another individual from the same category to serve as an alternate member, in accordance with subparagraph
(A)of paragraph (3). If a vacancy occurs in the commission with respect to a member who was appointed by the first members of the commission under subparagraph
(B)of paragraph
(1)from one of the categories referred to in such subparagraph, the first members shall, in accordance with the special rules described in paragraph (2), fill the vacancy by appointing one of the 2 alternates from such category who was designated under subparagraph
(B)of paragraph (3). At the time the first members appoint an alternate to fill a vacancy under the previous sentence, the first members shall, in accordance with the special rules described in paragraph (2), designate another individual from the same category to serve as an alternate member, in accordance with subparagraph
(B)of paragraph (3). A member of the independent redistricting commission may be removed by a majority vote of the remaining members of the commission if it is shown by a preponderance of the evidence that the member is not eligible to serve on the commission under section 2412(a). Members of an independent redistricting commission established under this section shall select by majority vote one member who was appointed from the independent category of the approved selection pool described in section 2412(b)(1)(C) to serve as chair of the commission. The commission may not take any action to develop a redistricting plan for the State under section 2413 until the appointment of the commission’s chair. The independent redistricting commission of a State may not publish and disseminate any draft or final redistricting plan, or take any other action, without the approval of at least— a majority of the whole membership of the commission; and at least one member of the commission appointed from each of the categories of the approved selection pool described in section 2412(b)(1). A majority of the members of the commission shall constitute a quorum. Under a public application process in which all application materials are available for public inspection, the independent redistricting commission of a State shall appoint and set the pay of technical experts, legal counsel, consultants, and such other staff as it considers appropriate, subject to State law. The independent redistricting commission of a State may enter into such contracts with vendors as it considers appropriate, subject to State law, except that any such contract shall be valid only if approved by the vote of a majority of the members of the commission, including at least one member appointed from each of the categories of the approved selection pool described in section 2412(b)(1). Each individual who applies for a position as an employee of the independent redistricting commission and each vendor who applies for a contract with the commission shall, at the time of applying, file with the commission a report summarizing— any expenditure for political activity made by such individual or vendor during the 10 most recent calendar years; and any income received by such individual or vendor during the 10 most recent calendar years which is attributable to an expenditure for political activity. Each person who is an employee or vendor of the independent redistricting commission shall, not later than one year after the person is appointed as an employee or enters into a contract as a vendor (as the case may be) and annually thereafter for each year during which the person serves as an employee or a vendor, file with the commission a report summarizing the expenditures and income described in subparagraph
(A)during the 10 most recent calendar years. In this paragraph, the term expenditure for political activity means a disbursement for any of the following: An independent expenditure, as defined in section 301(17) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(17) ). An electioneering communication, as defined in section 304(f)(3) of such Act ( 52 U.S.C. 30104(f)(3) ) or any other public communication, as defined in section 301(22) of such Act ( 52 U.S.C. 30101(22) ) that would be an electioneering communication if it were a broadcast, cable, or satellite communication. Any dues or other payments to trade associations or organizations described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that are, or could reasonably be anticipated to be, used or transferred to another association or organization for a use described in paragraph (1), (2), or
(4)of section 501(c) of such Code. The commission shall take such steps as it considers appropriate to ensure that any staff appointed under this subsection, and any vendor with whom the commission enters into a contract under this subsection, will work in an impartial manner, and may require any person who applies for an appointment to a staff position or for a vendor’s contract with the commission to provide information on the person’s history of political activity beyond the information on the person’s expenditures for political activity provided in the reports required under paragraph
(3)(including donations to candidates, political committees, and political parties) as a condition of the appointment or the contract. The independent redistricting commission may not appoint an individual as an employee, and may not enter into a contract with a vendor, if the individual or vendor meets any of the criteria for the disqualification of an individual from serving as a member of the commission which are set forth in section 2412(a)(2). The commission may by unanimous vote of its members waive the application of subparagraph
(A)to an individual or a vendor after receiving and reviewing the report filed by the individual or vendor under paragraph (3). The independent redistricting commission of a State shall terminate on the earlier of— June 14 of the next year ending in the numeral zero; or the day on which the nonpartisan agency established or designated by a State under section 2414(a) has, in accordance with section 2412(b)(1), submitted a selection pool to the Select Committee on Redistricting for the State established under section 2414(b). 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.
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources