[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4632 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 4632
To establish the use of ranked choice voting in elections for Senators
and Representatives in Congress, to require each State with more than
one Representative to establish multi-member congressional districts,
to require States to conduct congressional redistricting according to
nonpartisan criteria, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 23, 2025
Mr. Beyer (for himself, Mr. Raskin, Mr. Peters, Mr. McGovern, and Mr.
Khanna) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on House
Administration, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish the use of ranked choice voting in elections for Senators
and Representatives in Congress, to require each State with more than
one Representative to establish multi-member congressional districts,
to require States to conduct congressional redistricting according to
nonpartisan criteria, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fair
Representation Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Finding of constitutional authority.
TITLE I--RANKED CHOICE VOTING
Sec. 101. Requiring ranked choice voting for election of Senators and
Representatives.
Sec. 102. Applicability of enforcement provisions of Help America Vote
Act of 2002.
Sec. 103. Effective date.
TITLE II--MULTI-MEMBER DISTRICTS
Sec. 201. Requiring use of multi-member districts in certain States.
Sec. 202. Election of representatives at large in certain States.
Sec. 203. Establishing minimum number of candidates in general
election.
Sec. 204. Conforming amendments.
Sec. 205. Prohibition on winner-take-all elections.
Sec. 206. Exception for States in which use of multi-member or at large
districts will result in diminishment of
voting rights.
Sec. 207. Effective date.
TITLE III--NONPARTISAN REDISTRICTING REFORM
Sec. 301. Requiring congressional redistricting plans to comply with
nonpartisan criteria.
Sec. 302. Ban on mid-decade redistricting.
Sec. 303. Criteria for redistricting.
Sec. 304. Development of plan.
Sec. 305. Failure by State to enact plan.
Sec. 306. Civil enforcement.
Sec. 307. Effective date.
TITLE IV--GENERAL PROVISIONS
Sec. 401. No effect on elections for State and local office.
Sec. 402. Severability.
SEC. 2. FINDING OF CONSTITUTIONAL AUTHORITY.
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 and in administering elections for the Senate and 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 Senators and Members of the House of
Representatives;
(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; and
(3) 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 1 of such amendment,
including protections against excessive partisan gerrymandering
that Federal courts have not enforced because they understand
such enforcement to be committed to Congress by the
Constitution.
TITLE I--RANKED CHOICE VOTING
SEC. 101. REQUIRING RANKED CHOICE VOTING FOR ELECTION OF SENATORS AND
REPRESENTATIVES.
(a) In General.--Title III of the Help America Vote Act of 2001 (52
U.S.C. 21081 et seq.) is amended by adding at the end the following new
subtitle:
``Subtitle C--Ranked Choice Voting
``PART 1--REQUIRING RANKED CHOICE VOTING FOR ELECTION OF SENATORS AND
REPRESENTATIVES
``SEC. 321. REQUIRING RANKED CHOICE VOTING FOR ELECTION OF SENATORS AND
REPRESENTATIVES.
``(a) Ranked Choice Voting.--Except as provided in section 205 of
the Fair Representation Act, each State shall carry out elections for
the office of Senator and the office of Representative in Congress
using ranked choice voting, a system under which each voter may rank
the candidates for the office in the order of the voter's preference,
and ballots are tabulated, in accordance with the following:
``(1) In any single-seat election and any election for the
office of Senator, the State shall carry out the election using
single-seat ranked choice voting as described in section
322(a).
``(2) In any multi-seat election, the State shall carry out
the election using multi-seat ranked choice voting as described
in section 322(b).
``(b) Ballot Design.--
``(1) In general.--Each State shall ensure that the ballot
used in an ranked choice voting election under this title meets
each of the following requirements:
``(A) The ballot shall allow voters to rank
candidates in order of choice.
``(B) The number of candidates whom a voter may
rank in the election, as determined under paragraph
(2), shall be uniform for all voters in the election
within the State.
``(C) The ballot shall include all qualified
candidates for the election and (to the extent
permitted under State law) options for voters to select
write-in candidates.
``(D) The ballot shall include such instructions as
the State considers necessary to enable the voter to
rank candidates and successfully cast the ballot under
the system.
``(2) Determination of number of candidates voter may
rank.--The number of candidates a voter may rank in a ranked
choice voting election shall be determined as follows:
``(A) If feasible, the ballot shall permit voters
to rank a number of candidates in the election which is
not fewer than the number of seats in the election plus
4.
``(B) If the number of candidates in the election
is less than the number of ranking provided under
subparagraph (A), the ballot shall permit voters to
rank a number of candidates which is not fewer than the
number of candidates in the election, including write-
in candidates.
``(C) If it is not feasible for the ballot to
permit voters to rank as many candidates as required
under subparagraphs (A) or (B), the State may limit the
number of candidates who may be ranked for each
election on the ballot to a maximum feasible number
established by the State, except that such number may
not be less than 5 for any election on the ballot.
``SEC. 322. TABULATION OF BALLOTS.
``(a) Tabulation for Single-Seat Congressional Elections.--
``(1) Process for tabulation.--In the case of a single-seat
election, each ballot cast in the election shall count as one
vote for the highest-ranked active candidate on the ballot.
Tabulation shall proceed in rounds as described in paragraphs
(2) and (3).
``(2) Elimination of candidates during tabulation.--If
there are more than two active candidates, the active candidate
with the fewest votes is eliminated, each vote cast on a ballot
for the eliminated candidate shall be counted for the next-
ranked active candidate on the ballot, and a new round shall
begin.
``(3) Completion of tabulation; election of candidate.--
When there are two or fewer active candidates--
``(A) tabulation is complete; and
``(B) the candidate receiving the greatest number
of votes shall be elected to the office of Senator or
Representative in Congress (or, in the case of a
primary election, shall advance to the general election
for such office as provided under the law of the State
involved).
``(b) Tabulation for Multi-Seat Congressional Elections.----
``(1) Process for tabulation.--In the case of a multi-seat
election, each ballot cast in the election shall count at its
current transfer value for the highest-ranked active candidate
on the ballot. Tabulation shall proceed as described in
paragraphs (2), (3), and (4).
``(2) Election of candidates during tabulation; surplus-
transfer round.--If any active candidate has a number of votes
greater than or equal to the election threshold, that candidate
shall be designated as elected, and the surplus votes shall be
transferred to other candidates as follows:
``(A) Unless paragraph (4) applies, each ballot
counting for an elected candidate shall be assigned a
new transfer value by multiplying the ballot's current
transfer value by the surplus fraction for the elected
candidate, truncated after 4 decimal places.
``(B) Each candidate elected under this paragraph
shall be deemed to have a number of votes equal to the
election threshold for the contest in all future
rounds, each ballot counting towards the elected
candidate shall be transferred at its new transfer
value to its next-ranked active candidate, and a new
round shall begin.
``(C) If two or more candidates have a number of
votes greater than the election threshold, the
surpluses shall be distributed simultaneously in the
same round.
``(3) Elimination of candidates during tabulation;
elimination round.--Unless paragraph (2) or paragraph (4)
applies, the active candidate with the fewest votes is
eliminated, each vote cast on a ballot for the eliminated
candidate shall be counted for the next-ranked active candidate
on the ballot, and a new round shall begin.
``(4) Completion of tabulation.--Tabulation in a multi-seat
election is complete if--
``(A) the number of elected candidates is equal to
the number of seats to be filled and any remaining
votes in excess of the election threshold have been
counted for each ballot's next-ranked active candidate;
or
``(B) the sum of the number of elected candidates
and the number of active candidates is less than or
equal to the number of seats to be filled at any time.
``(c) Treatment of Certain Ballots.--
``(1) Treatment of undervotes.--A ballot which is an
undervote shall not be counted in any round of tabulation of
ballots in an election under this section. For purposes of this
paragraph, an `undervote' is a ballot for which the voter does
not rank any of the candidates in the election.
``(2) Treatment of inactive ballots.--
``(A) In general.--A ballot which becomes an
inactive ballot shall no longer count for any candidate
for the remainder of the tabulation of ballots in an
election under this section after the ballot becomes
inactive.
``(B) Inactive ballot defined.--For purposes of
this paragraph, an `inactive ballot' is a ballot on
which--
``(i) all of the ranked candidates on the
ballot have become inactive; or
``(ii) the voter ranks more than one
candidate at the same ranking and all
candidates at a higher ranking have become
inactive.
``(3) Treatment of skipped or repeated rankings.--
``(A) In general.--A ballot which includes any
skipped or repeated ranking shall remain active and
continue to be counted for the highest-ranked active
candidate in an election under this section.
``(B) Skipped and repeated rankings defined.--For
purposes of this paragraph--
``(i) a `skipped ranking' is a ranking a
voter does not assign to any candidate while
assigning a subsequent ranking to a candidate;
and
``(ii) a `repeated ranking' is a ranking
for which the voter has assigned the same
candidate that the voter assigned to another
ranking.
``SEC. 323. TREATMENT OF TIES BETWEEN CANDIDATES.
``(a) Resolution by Lot.--If a tie occurs between candidates with
the greatest number of votes or the fewest number of votes at any point
in the tabulation of ballots under this part and the tabulation cannot
proceed until the tie is resolved, the tie shall be resolved by lot or
by such other method as may be provided under State law.
``(b) Resolution Prior to Tabulation.--Prior to tabulation, the
chief election official of the State may resolve prospective ties
between candidates by lot or according to the method provided under
State law, as described in subsection (a).
``(c) Use During Recount.--The result of the resolution of any tie
shall be recorded and reused for purposes of any recount under State
law.
``SEC. 324. DEFINITIONS.
``In this part, the following definitions apply:
``(1) The term `active candidate' means, with respect to
any round of tabulation under this part, a candidate who has
not been elected or eliminated, and who is not a withdrawn
candidate.
``(2) The term `election threshold' means the number of
votes sufficient for a candidate to be elected in a multi-seat
election. Such number is equal to the total votes counted for
active candidates in the first round of tabulation, divided by
the sum of one plus the number of seats to be filled, then
increased by one, disregarding any fractions.
``(3) The term `highest-ranked active candidate' means the
active candidate assigned to a higher ranking than any other
active candidate.
``(4) The term `multi-seat election' means any primary
election in which more than one candidate in the primary
election will advance to the general election, any special
election for more than one seat, and any general election in
which more than one Representative is elected at large or in a
multi-member district.
``(5) The term `ranking' means the number available to be
assigned by a voter to a candidate to express the voter's
choice for that candidate, with `1' as the highest ranking and
each succeeding positive number as the next highest ranking.
``(6) The term `single-seat election' means any primary
election in which exactly one candidate in the primary election
will advance to the general election, any special election for
exactly one seat, any general election for the office of
Senator, and any general election in which only one
Representative is elected at large.
``(7) The term `surplus fraction' means, with respect to an
elected candidate as described in section 322(b)(1), the number
obtained by subtracting the election threshold from the
candidate's vote total, then dividing that number by the
candidate's vote total, truncated after four decimal places.
``(8) The term `transfer value' means the proportion of a
vote that a ballot will contribute to its highest-ranked active
candidate. Each ballot begins with a transfer value of 1. If a
ballot contributes to the election of a candidate under section
322(b)(1), the transfer value shall be the new transfer value
assigned under such section.
``(9) The term `vote total' means, with respect to a
candidate in a round of counting, the total transfer value of
all ballots counting for the candidate in the round.
``(10) The term `withdrawn candidate' means a candidate
who, prior to the date of the election, files or has an
authorized designee file a signed letter of withdrawal from the
election, in accordance with such rules as the chief election
official of the State may establish.
``PART 2--PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING
``SEC. 331. PAYMENTS TO STATES TO IMPLEMENT RANKED CHOICE VOTING.
``(a) Payments Described.--
``(1) Payments.--Not later than June 1, 2026, the
Commission shall make a payment to each State in the amount
determined with respect to the State under paragraph (2).
``(2) Amount determined on basis of number of registered
voters.--
``(A) In general.--The amount determined under this
paragraph is the product of--
``(i) the number of individuals registered
to vote in elections for Federal office in the
State, based on the most recently available
information on voter registration in the State,
as provided to the Commission by the State; and
``(ii) the per capita amount established by
the Commission under subparagraph (B).
``(B) Per capita amount.--For purposes of