H.R. 5426

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5426 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5426

To prohibit States from carrying out more than one Congressional 
redistricting after a decennial census and apportionment, to require 
States to conduct such redistricting through independent commissions, 
and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 17, 2025

Mr. Cohen introduced the following bill; which was referred to the 
Committee on the Judiciary

_______________________________________________________________________

A BILL

To prohibit States from carrying out more than one Congressional 
redistricting after a decennial census and apportionment, to require 
States to conduct such redistricting through independent commissions, 
and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY.

(a) Short Title.--This Act may be cited as the ``John Tanner and 
Jim Cooper Fairness and Independence in Redistricting Act''.
(b) Finding.--Congress finds that it has the authority to establish 
the terms and conditions States must follow in carrying out 
Congressional redistricting after an apportionment of Members of the 
House of Representatives because--
(1) the authority granted to Congress under article I, 
section 4 of the Constitution of the United States gives 
Congress the power to enact laws governing the time, place, and 
manner of elections for Members of the House of 
Representatives; and
(2) the authority granted to Congress under section 5 of 
the fourteenth amendment to the Constitution gives Congress the 
power to enact laws to enforce section 2 of such amendment, 
which requires Representatives to be apportioned among the 
several States according to their number.

SEC. 2. LIMIT ON CONGRESSIONAL REDISTRICTING AFTER AN APPORTIONMENT.

The Act entitled ``An Act for the relief of Doctor Ricardo Vallejo 
Samala and to provide for congressional redistricting'', approved 
December 14, 1967 (2 U.S.C. 2c), is amended by adding at the end the 
following: ``A State which has been redistricted in the manner provided 
by law after an apportionment under section 22(a) of the Act entitled 
`An Act to provide for the fifteenth and subsequent decennial censuses 
and to provide for an apportionment of Representatives in Congress', 
approved June 18, 1929 (2 U.S.C. 2a), may not be redistricted again 
until after the next apportionment of Representatives under such 
section, unless a court requires the State to conduct such subsequent 
redistricting to comply with the Constitution or to enforce the Voting 
Rights Act of 1965 (52 U.S.C. 10301 et seq.).''.

SEC. 3. REQUIRING REDISTRICTING TO BE CONDUCTED THROUGH PLAN OF 
INDEPENDENT STATE COMMISSION OR PLAN OF HIGHEST STATE 
COURT.

(a) Use of Plan Required.--
(1) In general.--Notwithstanding any other provision of 
law, any Congressional redistricting conducted by a State shall 
be conducted in accordance with--
(A) the redistricting plan developed by the 
independent redistricting commission established in the 
State, in accordance with section 4; or
(B) if the plan developed by such commission is not 
enacted into law, the redistricting plan selected by 
the highest court in the State or developed by a United 
States district court, in accordance with section 5.
(2) Treatment of commissions established pursuant to laws 
enacted prior to enactment.--If Congressional redistricting in 
a State is conducted in accordance with a redistricting plan 
developed by a commission which was established in the State 
pursuant to a law enacted prior to the date of the enactment of 
this Act, the redistricting shall be deemed to meet the 
requirement of subparagraph (A) of paragraph (1).
(3) Other criteria and procedures permitted.--Nothing in 
this Act or the amendments made by this Act may be construed to 
prohibit a State from conducting Congressional redistricting in 
accordance with such criteria and procedures as the State 
considers appropriate, to the extent that such criteria and 
procedures are consistent with the applicable requirements of 
this Act and the amendments made by this Act.
(b) Conforming Amendment.--Section 22(c) of the Act entitled ``An 
Act to provide for the fifteenth and subsequent decennial censuses and 
to provide for an apportionment of Representatives in Congress'', 
approved June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking ``in 
the manner provided by the law thereof'' and inserting: ``in the manner 
provided by the John Tanner and Jim Cooper Fairness and Independence in 
Redistricting Act''.

SEC. 4. INDEPENDENT REDISTRICTING COMMISSION.

(a) Administrative Matters.--
(1) Appointment of members.--Each State shall establish an 
independent redistricting commission composed of--
(A) a chair, who shall be appointed by majority 
vote of the other members of the commission; and
(B) an equal number of members (but not fewer than 
one) from each of the following categories:
(i) Members appointed by a member of the 
upper house of the State legislature who 
represents the political party with the 
greatest number of seats in that house.
(ii) Members appointed by a member of the 
upper house of the State legislature who 
represents the political party with the second 
greatest number of seats in that house.
(iii) Members appointed by a member of the 
lower house of the State legislature who 
represents the political party with the 
greatest number of seats in that house.
(iv) Members appointed by a member of the 
lower house of the State legislature who 
represents the political party with the second 
greatest number of seats in that house.
(2) Special rule for states with unicameral legislature.--
In the case of a State with a unicameral legislature, the 
independent redistricting commission established under this 
subsection shall be composed of--
(A) a chair, who shall be appointed by majority 
vote of the other members of the commission; and
(B) an equal number of members (but not fewer than 
2) from each of the following categories:
(i) Members appointed by a member of the 
legislature who shall be selected by the chair 
of the Government Affairs Committee of the 
legislature to represent the State political 
party whose candidate for chief executive of 
the State received the greatest number of votes 
on average in the 3 most recent general 
elections for that office.
(ii) Members appointed by a member of the 
legislature who shall be selected by the chair 
of the Government Affairs Committee of the 
legislature to represent the State political 
party whose candidate for chief executive of 
the State received the second greatest number 
of votes on average in the 3 most recent 
general elections for that office.
(3) Eligibility.--An individual is eligible to serve as a 
member of an independent redistricting commission if--
(A) as of the date of appointment, the individual 
is registered to vote in elections for Federal office 
held in the State, and was registered to vote in the 2 
most recent general elections for Federal office held 
in the State;
(B) the individual did not hold public office or 
run as a candidate for election for public office, or 
serve as an employee of a political party or candidate 
for election for public office, at any time during the 
4-year period ending on the December 31 preceding the 
date of appointment; and
(C) the individual certifies that he or she will 
not run as a candidate for the office of Representative 
in the Congress until after the next apportionment of 
Representatives under section 22(a) of the Act entitled 
``An Act to provide for the fifteenth and subsequent 
decennial censuses and to provide for an apportionment 
of Representatives in Congress'', approved June 18, 
1929 (2 U.S.C. 2a).
(4) Vacancy.--A vacancy in the commission shall be filled 
in the manner in which the original appointment was made.
(5) Deadline.--Each State shall establish a commission 
under this section, and the members of the commission shall 
appoint the commission's chair, not later than the date on 
which the chief executive of a State receives the State 
apportionment notice.
(6) Appointment of chair required prior to development of 
redistricting plan.--The commission may not take any action to 
develop a redistricting plan for the State under subsection (b) 
until the appointment of the commission's chair in accordance 
with paragraph (1)(E).
(7) Requiring all meetings to be open to public.--The 
commission shall hold each of its meetings in public.
(8) Internet site.--As soon as practicable after 
establishing the commission, the State shall establish and 
maintain a public internet site for the commission which meets 
the following requirements:
(A) The site is updated continuously to provide 
advance notice of commission meetings and to otherwise 
provide timely information on the activities of the 
commission.
(B) The site contains the most recent available 
information from the Bureau of the Census on voting-age 
population, voter registration, and voting in the 
State, including precinct-level and census tract-level 
data with respect to such information, as well as 
detailed maps reflecting such information.
(C) The site includes interactive software to 
enable any individual to design a redistricting plan 
for the State on the basis of the information described 
in subparagraph (B), in accordance with the criteria 
described in subsection (b)(1).
(D) The site permits any individual to submit a 
proposed redistricting plan to the commission, and to 
submit questions, comments, and other information with 
respect to the commission's activities.
(b) Development of Redistricting Plan.--
(1) Criteria.--The independent redistricting commission of 
a State shall develop a redistricting plan for the State in 
accordance with the following criteria:
(A) Adherence to the ``one person, one vote'' 
standard and other requirements imposed under the 
Constitution of the United States.
(B) To the greatest extent mathematically possible, 
ensuring that the population of each Congressional 
district in the State does not vary 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).
(C) Consistency with any applicable requirements of 
the Voting Rights Act of 1965 and other Federal laws.
(D) 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, in the following 
order of priority:
(i) The continuity of counties or parishes.
(ii) The continuity of municipalities.
(iii) The continuity of neighborhoods (as 
determined on the basis of census tracts or 
other relevant information).
(E) To the greatest extent practicable, maintaining 
compact districts (in accordance with such standards as 
the commission may establish).
(F) Ensuring that districts are contiguous (except 
to the extent necessary to include any area which is 
surrounded by a body of water).
(2) Factors prohibited from consideration.--In developing 
the redistricting plan for the State, the independent 
redistricting commission may not take into consideration any of 
the following factors, except to the extent necessary to comply 
with the Voting Rights Act of 1965:
(A) The voting history of the population of a 
Congressional district, except that the commission may 
take such history into consideration to the extent 
necessary to comply with any State law which requires 
the establishment of competitive Congressional 
districts.
(B) The political party affiliation of the 
population of a district.
(C) The residence of incumbent Members of the House 
of Representatives in the State.
(3) Solicitation of public input in development of plans.--
The commission shall solicit and take into consideration 
comments from the public in developing the redistricting plan 
for the State by holding meetings in representative geographic 
regions of the State at which members of the public may provide 
such input, and by otherwise soliciting input from the public 
(including redistricting plans developed by members of the 
public) through the commission internet site and other methods.
(4) Public notice of plans prior to submission to 
legislature.--Not fewer than 7 days prior to submitting a 
redistricting plan to the legislature of the State under 
subsection (c)(1), the commission shall post on the commission 
internet site and cause to have published in newspapers of 
general circulation throughout the State a notice containing 
the following information:
(A) A detailed version of the plan, including a map 
showing each Congressional district established under 
the plan and the voting age population by race of each 
such district.
(B) A statement providing specific information on 
how the adoption of the plan would serve the public 
interest.
(C) Any dissenting statements of any members of the 
commission who did not approve of the submission of the 
plan to the legislature.
(c) Submission of Plans to Legislature.--
(1) In general.--At any time prior to the first November 1 
which occurs after the chief executive of the State receives 
the State apportionment notice, the commission may submit 
redistricting plans developed by the commission under this 
section to the legislature of the State.
(2) Consideration of plan by legislature.--After receiving 
any redistricting plan under paragraph (1), the legislature of 
a State may--
(A) approve the plan as submitted by the commission 
without amendment and forward the plan to the chief 
executive of the State; or
(B) reject the plan.
(3) Enactment of plan.--
(A) In general.--A redistricting plan developed by 
the commission shall be considered to be enacted into 
law only if the plan is forwarded to the chief 
executive of the State pursuant to paragraph (2)(A) 
and--
(i) the chief executive approves the plan 
as forwarded by the legislature without 
amendment; or
(ii) 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.
(B) Special rule.--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 commission shall be considered to be 
enacted into law if--
(i) the plan is submitted to the 
legislature of the State; and
(ii) the legislature approves the plan as 
submitted by the commission without amendment.
(d) Requiring Majority Approval For Actions.--The independent 
redistricting commission of a State may not submit a redistricting plan 
to the State legislature, or take any other action, without the 
approval of at least a majority of its members given at a meeting at 
which at least a majority of its members are present.
(e) Termination.--
(1) In general.--The independent redistricting commission 
of a State shall terminate on the day after the date of the 
first regularly scheduled general election for Federal office 
which occurs after the chief executive of the State receives 
the State apportionment notice.
(2) Preservation of records.--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.

SEC. 5. SELECTION OF PLAN BY COURTS.

(a) State Court.--
(1) Submission and selection of plan.--If a redistricting 
plan developed by the independent redistricting commission of a 
State is not enacted into law under section 4(c)(3) by the 
first November 1 which occurs after the chief executive of the 
State receives the State apportionment notice, the commission 
may submit redistricting plans developed by the commission in 
accordance with section 4 to the highest court of the State, 
which may select and publish one of the submitted plans to 
serve as the redistricting plan for the State.
(2) No modification of plan permitted.--The highest court 
of a State may not modify any redistricting plan submitted 
under this subsection.
(b) Federal Court.--
(1) Failure of state court to select plan.--
(A) Notice to court if plan not selected by state 
court.--If a State court to whom redistricting plans 
have been submitted under subsection (a) does not 
select a plan to serve as the redistricting plan for 
the State under such subsection on or before the first 
December 1 which occurs after the chief executive of 
the State receives the State apportionment notice, the 
State shall file a notice with the United States 
district court for the district in which the capital of 
the State is located.
(B) Development and selection of plan by federal 
court.--Not later than 30 days after receiving a notice 
from a State under subparagraph (A), the court shall 
develop and publish a final redistricting plan for the 
State.
(2) Failure of state to establish commission.--
(A) In general.--If a State does not establish an 
independent redistricting commission under section 4 by 
the first September 1 which occurs after the chief 
executive of the State receives the State apportionment 
notice--
(i) the State may not establish the 
commission; and
(ii) the United States district court for 
the district in which the capital of the State 
is located shall develop and publish a final 
redistricting plan for the State not later than 
the first December 1 which occurs after the 
chief executive of the State receives the State 
apportionment notice.
(B) Determination of failure to establish 
commission.--For purposes of subparagraph (A), a State 
shall be considered to have failed to establish an 
independent redistricting commission by the date 
referred to in such subparagraph if a chair of the 
commission has not been appointed on or before such 
date.
(3) Criteria.--It is the sense of Congress that, in 
developing a redistricting plan for a State under this 
subsection, the district court should adhere to the same terms 
and conditions that applied to the development of the plan of 
the commission under section 4(b).
(c) Access to Information and Records of Commission.--A court which 
is required to select, publish, or develop a redistricting plan for a 
State under this section shall have access to any information, data, 
software, or other records and material used by the independent 
redistricting commission of the State in carrying out its duties under 
this Act.

SEC. 6. SPECIAL RULE FOR REDISTRICTING CONDUCTED UNDER ORDER OF FEDERAL 
COURT.

If a Federal court requires a State to conduct redistricting 
subsequent to an apportionment of Representatives in the State in order 
to comply with the Constitution or to enforce the Voting Rights Act of 
1965, sections 4 and 5 shall apply with respect to the redistricting, 
except that--
(1) the deadline for the establishment of the independent 
redistricting commission and the appointment of the 
commission's chair (as described in section 4(a)(5)) shall be 
the expiration of the 30-day period which begins on the date of 
the final order of the Federal court to conduct the 
redistricting;
(2) the deadline for the submission of redistricting plans 
to the legislature by the commission, and the date of the 
termination of the commission (as described in section 4(c)(1) 
and section 4(e)) shall be the expiration of the 150-day period 
which begins on the date of the final order of the Federal 
court to conduct the redistricting;
(3) the deadline for the selection and publication of the 
plan by the highest court of the State (as described in section 
5(a)) shall be the expiration of the 180-day period which 
begins on the date of the final order of the Federal court to 
conduct the redistricting; and
(4) the deadline for the selection and publication of the 
plan by the district court of the United States (as described 
in section 5(b)) shall be the expiration of the 210-day period 
which begins on the date of the final order of the Federal 
court to conduct the redistricting.

SEC. 7. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING.

(a) Authorization of Payments.--Subject to subsection (d), not 
later than 30 days after a State receives a State apportionment notice, 
the Election Assistance Commission shall make a payment to the State in 
an amount equal to the product of--
(1) the number of Representatives to which the State is 
entitled, as provided under the notice; and
(2) $150,000.
(b) Use of Funds.--A State shall use the payment made under this 
section to establish and operate the State's independent redistricting 
commission, to implement the State redistricting plan, and to otherwise 
carry out Congressional redistricting in the State.
(c) No Payment to States With Single Member.--The Election 
Assistance Commission shall not make a payment under this section to 
any State which is not entitled to more than one Representative under 
its State apportionment notice.
(d) Requiring Establishment of Commission as Condition of 
Payment.--The Election Assistance Commission may not make a payment to 
a State under this section until the State certifies to the Commission 
that the State has established an independent redistricting commission, 
and that a chair of the commission has been appointed, in accordance 
with section 4.
(e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for payments under this 
section.

SEC. 8. STATE APPORTIONMENT NOTICE DEFINED.

In this Act, the ``State apportionment notice'' means, with respect 
to a State, the notice sent to the State from the Clerk of the House of 
Representatives under section 22(b) of the Act entitled ``An Act to 
provide for the fifteenth and subsequent decennial censuses and to 
provide for an apportionment of Representatives in Congress'', approved 
June 18, 1929 (2 U.S.C. 2a), of the number of Representatives to which 
the State is entitled.

SEC. 9. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.

Nothing in this Act or in any amendment made by this Act may be 
construed to affect the manner in which a State carries out elections 
for State or local office, including the process by which a State 
establishes the districts used in such elections.

SEC. 10. EFFECTIVE DATE.

This Act and the amendments made by this Act shall apply with 
respect to any Congressional redistricting which occurs after the 
regular decennial census conducted during 2030.
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