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