H.R. 5426: John Tanner and Jim Cooper Fairness and Independence in Redistricting Act

This bill, known as the John Tanner and Jim Cooper Fairness and Independence in Redistricting Act, proposes several key changes to how Congressional redistricting is conducted in the United States following a decennial census. Here is a summary of its main components:

Limit on Redistricting

The bill stipulates that states can only carry out one redistricting process after each decennial census and corresponding apportionment of Congressional seats. The only exception to this is if a court mandates a state to redraw its districts to comply with constitutional requirements or the Voting Rights Act of 1965.

Independent Redistricting Commissions

States are required to conduct redistricting through independent commissions. The bill outlines the following criteria for these commissions:

• Each commission must have a chair person appointed by a majority vote of its members.
• The commission must consist of an equal number of members appointed from different political parties by state legislators.
• Members of the commission must meet specific eligibility criteria, including not having held public office or worked for political parties in the four years preceding their appointment.
• Meetings of the commission must be public and transparent, with a requirement to create an internet site providing information about its activities.

Development of Redistricting Plans

The independent commissions are responsible for developing redistricting plans that adhere to several criteria:

• Equal representation under the "one person, one vote" standard.
• Minimizing population discrepancies among districts.
• Maintaining compliance with the Voting Rights Act and related federal laws.
• Prioritizing geographic continuity of political subdivisions.
• Ensuring districts are compact and contiguous.

The use of political party affiliation, voting history, or the residence of incumbent representatives in establishing districts is generally prohibited, except where necessary for compliance with the Voting Rights Act.

Submission to the State Legislature

Once developed, the redistricting plans must be submitted to the state legislature, which can either approve the plan as is or reject it. If rejected, the independent commission may resubmit a revised plan. If the legislature does not act on the plan, the independent commission may take further steps according to defined timelines.

Judicial Involvement

If a state does not enact a redistricting plan within specified time frames, the bill provides for judicial involvement. The highest courts in the states or federal courts may step in to select or develop redistricting plans if the states fail to fulfill their responsibilities under the law.

Funding for Redistricting

The bill authorizes payments from the Election Assistance Commission to states to support the establishment and operation of their independent redistricting commissions. The funding is contingent upon the establishment of this commission and cannot be provided to states with only one congressional representative.

Applicability and Transition

The bill is set to take effect regarding any Congressional redistricting occurring after the 2030 census, ensuring a structured approach to how states redraw district lines while promoting transparency and fairness in the process.

Impact on State and Local Elections

It is important to note that this bill stipulates no changes to the processes for state and local elections, meaning that the manner of conducting elections at these levels will remain as established by each state.

Relevant Companies

None found.