Sec. 2201. Independent redistricting commission
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The nonpartisan agency established or designated by a State under section 2204(a) shall establish an independent redistricting commission for the State, which shall consist of 15 members appointed by the agency as follows: The agency shall 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 2202(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 2202(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 2202(b)(1)(C)). The members appointed by the agency under subparagraph
(A)shall then appoint 9 members as follows: The members shall appoint 3 members on a random basis from the majority category of the approved selection pool (as described in section 2202(b)(1)(A)). The members shall appoint 3 members on a random basis from the minority category of the approved selection pool (as described in section 2202(b)(1)(B)). The members shall appoint 3 members on a random basis from the independent category of the approved selection pool (as described in section 2202(b)(1)(C)). 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 (3). 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, 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 (3). 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 (2). 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 (2). 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 fill the vacancy by appointing, on a random basis, one of the 2 alternates from such category who was designated under subparagraph
(B)of paragraph (2). At the time the first members appoint an alternate to fill a vacancy under the previous sentence, the first members shall designate, on a random basis, another individual from the same category to serve as an alternate member, in accordance with subparagraph
(B)of paragraph (2). 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 appointment of alternates for such members pursuant to subparagraph
(B)of paragraph
(2)and the appointment of members to fill vacancies with respect to such members pursuant to subparagraph
(B)of paragraph (3), 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. The 9 members appointed pursuant to subparagraph
(B)of paragraph (1), as well as the alternates appointed pursuant to subparagraph
(B)of paragraph
(2)and the members appointed to fill vacancies pursuant to subparagraph
(B)of paragraph (3), shall be selected, if necessary, to ensure that the commission as a whole reflects the demographic and geographic diversity of the State, including racial and language minorities protected under the Voting Rights Act, and that such minorities are provided with a meaningful opportunity to participate in the development and enactment of the State’s redistricting plan. 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 2202(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 2203 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 2202(b)(1). A majority of the members of the commission shall constitute a quorum. The independent redistricting commission of a State may appoint and set the pay of such 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 2202(b)(1). 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 (including donations to candidates, political committees, and political parties) as a condition of the appointment or the contract. The independent redistricting commission of a State shall terminate on the earlier of— June 14 of the following year ending in the numeral zero; or the day on which the nonpartisan agency established or designated by a State under section 2204(a) has, in accordance with section 2202(b)(1), submitted a selection pool to the Select Committee on Redistricting for the State established under section 2204(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.