[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2885 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 2885

   To require congressional redistricting conducted by a State to be 
conducted in accordance with a redistricting plan developed and enacted 
into law by an independent redistricting commission established by the 
                     State, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 18 (legislative day, September 16), 2025

   Mr. Padilla (for himself, Mr. Warnock, Mr. King, and Mr. Schiff) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To require congressional redistricting conducted by a State to be 
conducted in accordance with a redistricting plan developed and enacted 
into law by an independent redistricting commission established by the 
                     State, 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; STATEMENT OF CONSTITUTIONAL AUTHORITY; TABLE OF 
              CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Redistricting 
Reform Act of 2025''.
    (b) 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 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;
            (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;
            (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;
            (4) of the authority granted to Congress to enforce article 
        IV, section 4, of the Constitution, and the guarantee of a 
        Republican Form of Government to every State, which Federal 
        courts have not enforced because they understand such 
        enforcement to be committed to Congress by the Constitution; 
        and
            (5) requiring States to use uniform redistricting criteria 
        is an appropriate and important exercise of such authority.
    (c) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; statement of constitutional authority; table of 
                            contents.
         TITLE I--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING

Sec. 101. Requiring congressional redistricting to be conducted through 
                            plan of independent State commission.
Sec. 102. Ban on mid-decade redistricting.
Sec. 103. Criteria for redistricting.
            TITLE II--INDEPENDENT REDISTRICTING COMMISSIONS

Sec. 201. Independent redistricting commission.
Sec. 202. Establishment of selection pool of individuals eligible to 
                            serve as members of commission.
Sec. 203. Public notice and input.
Sec. 204. Establishment of related entities.
Sec. 205. Report on diversity of memberships of independent 
                            redistricting commissions.
    TITLE III--ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS

Sec. 301. Failure by State to enact plan.
Sec. 302. Special rule for redistricting conducted under order of 
                            Federal court.
         TITLE IV--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

Sec. 401. Payments to States for carrying out redistricting.
Sec. 402. Civil enforcement.
Sec. 403. State apportionment notice defined.
Sec. 404. No effect on elections for State and local office.
Sec. 405. Effective date.

         TITLE I--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING

SEC. 101. REQUIRING CONGRESSIONAL REDISTRICTING TO BE CONDUCTED THROUGH 
              PLAN OF INDEPENDENT STATE COMMISSION.

    (a) Use of Plan Required.--Notwithstanding any other provision of 
law, and except as provided in subsection (c) and subsection (d), any 
congressional redistricting conducted by a State shall be conducted in 
accordance with--
            (1) the redistricting plan developed and enacted into law 
        by the independent redistricting commission established in the 
        State, in accordance with title II; or
            (2) if a plan developed by such commission is not enacted 
        into law, the redistricting plan developed and enacted into law 
        by a 3-judge court, in accordance with section 301.
    (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 Redistricting Reform Act of 2025''.
    (c) Special Rule for Existing Commissions.--Subsection (a) does not 
apply to any State in which, under law in effect continuously on and 
after the date of the enactment of this Act, congressional 
redistricting is carried out in accordance with a plan developed and 
approved by an independent redistricting commission which is in 
compliance with each of the following requirements:
            (1) Publicly available application process.--Membership on 
        the commission is open to citizens of the State through a 
        publicly available application process.
            (2) Disqualifications for government service and political 
        appointment.--Individuals who, for a covered period of time as 
        established by the State, hold or have held public office, 
        individuals who are or have been candidates for elected public 
        office, and individuals who serve or have served as an officer, 
        employee, or paid consultant of a campaign committee of a 
        candidate for public office are disqualified from serving on 
        the commission.
            (3) Screening for conflicts.--Individuals who apply to 
        serve on the commission are screened through a process that 
        excludes persons with conflicts of interest from the pool of 
        potential commissioners.
            (4) Multi-partisan composition.--Membership on the 
        commission represents those who are affiliated with the two 
        political parties whose candidates received the most votes in 
        the most recent statewide election for Federal office held in 
        the State, as well as those who are unaffiliated with any party 
        or who are affiliated with political parties other than the two 
        political parties whose candidates received the most votes in 
        the most recent statewide election for Federal office held in 
        the State.
            (5) Criteria for redistricting.--Members of the commission 
        are required to meet certain criteria in the map drawing 
        process, including minimizing the division of communities of 
        interest and a ban on drawing maps to favor a political party.
            (6) Public input.--Public hearings are held and comments 
        from the public are accepted before a final map is approved.
            (7) Broad-based support for approval of final plan.--The 
        approval of the final redistricting plan requires a majority 
        vote of the members of the commission, including the support of 
        at least one member of each of the following:
                    (A) Members who are affiliated with the political 
                party whose candidate received the most votes in the 
                most recent statewide election for Federal office held 
                in the State.
                    (B) Members who are affiliated with the political 
                party whose candidate received the second most votes in 
                the most recent statewide election for Federal office 
                held in the State.
                    (C) Members who are not affiliated with any 
                political party or who are affiliated with political 
                parties other than the political parties described in 
                subparagraphs (A) and (B).
    (d) Treatment of State of Iowa.--Subsection (a) does not apply to 
the State of Iowa, so long as congressional redistricting in such State 
is carried out in accordance with a plan developed by the Iowa 
Legislative Services Agency with the assistance of a Temporary 
Redistricting Advisory Commission, under law which was in effect for 
the most recent congressional redistricting carried out in the State 
prior to the date of the enactment of this Act and which remains in 
effect continuously on and after the date of the enactment of this Act.

SEC. 102. BAN ON MID-DECADE REDISTRICTING.

    (a) Ban.--A State that has been redistricted in accordance with 
this Act and a State described in section 101(c) or section 101(d) may 
not be redistricted again 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), unless a court requires the State to 
conduct such subsequent redistricting to comply with the Constitution 
of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et 
seq.), the Constitution of the State, or the terms or conditions of 
this Act.
    (b) Applicability of Remedies for Noncompliance.--Section 402 
applies with respect to a violation of subsection (a) in the same 
manner as such section applies with respect to a violation of any other 
provision of this Act, and the remedies available pursuant to such 
section may be applied with respect to a violation of subsection (a).
    (c) Effective Date.--This section shall apply with respect to 
redistricting carried out pursuant to the decennial census conducted 
during 2020 or any succeeding decennial census.

SEC. 103. CRITERIA FOR REDISTRICTING.

    (a) Requiring Plans To Meet Criteria.--A State may not use a 
congressional redistricting plan that is not in compliance with this 
section.
    (b) Ranked Criteria.--Under the redistricting plan of a State, 
there shall be established single-member congressional districts using 
the following criteria as set forth in the following order of priority:
            (1) Districts shall comply with the United States 
        Constitution, including the requirement that they substantially 
        equalize total population.
            (2) Districts shall comply with the Voting Rights Act of 
        1965 (52 U.S.C. 10301 et seq.), including by creating any 
        districts where, if based upon the totality of the 
        circumstances, 2 or more politically cohesive groups protected 
        by such Act are able to elect representatives of choice in 
        coalition with one another, and all applicable Federal laws.
            (3)(A) Districts shall be drawn, to the extent that the 
        totality of the circumstances warrant, to ensure the practical 
        ability of a group protected under the Voting Rights Act of 
        1965 (52 U.S.C. 10301 et seq.) to participate in the political 
        process and to nominate candidates and to elect representatives 
        of choice is not diluted or diminished, regardless of whether 
        or not such protected group constitutes a majority of a 
        district's citizen voting age population.
            (B) For purposes of subparagraph (A), the assessment of 
        whether a protected group has the practical ability to nominate 
        candidates and to elect representatives of choice shall require 
        the consideration of the following factors:
                    (i) Whether the group is politically cohesive.
                    (ii) Whether there is racially polarized voting in 
                the relevant geographic region.
                    (iii) If there is racially polarized voting in the 
                relevant geographic region, whether the preferred 
                candidates of the group nevertheless receive a 
                sufficient amount of consistent crossover support from 
                other voters such that the group is a functional 
                majority with the ability to both nominate candidates 
                and elect representatives of choice.
            (4)(A) Districts shall be drawn to represent communities of 
        interest and neighborhoods to the extent practicable after 
        compliance with the requirements of paragraphs (1) through (3). 
        A community of interest is defined as an area for which the 
        record before the entity responsible for developing and 
        adopting the redistricting plan demonstrates the existence of 
        broadly shared interests and representational needs, including 
        shared interests and representational needs rooted in common 
        ethnic, racial, economic, Indian, social, cultural, geographic, 
        or historic identities, or arising from similar socioeconomic 
        conditions. The term communities of interest may, if the record 
        warrants, include political subdivisions such as counties, 
        municipalities, Indian lands, or school districts, but shall 
        not include common relationships with political parties or 
        political candidates.
            (B) For purposes of subparagraph (A), in considering the 
        needs of multiple, overlapping communities of interest, the 
        entity responsible for developing and adopting the 
        redistricting plan shall give greater weight to those 
        communities of interest whose representational needs would most 
        benefit from the community's inclusion in a single 
        congressional district.
    (c) No Favoring or Disfavoring of Political Parties.--
            (1) Prohibition.--A State may not use a redistricting plan 
        to conduct an election that, when considered on a statewide 
        basis, has been drawn with the intent or has the effect of 
        materially favoring or disfavoring any political party.
            (2) Determination of effect.--The determination of whether 
        a redistricting plan has the effect of materially favoring or 
        disfavoring a political party shall be based on an evaluation 
        of the totality of circumstances which, at a minimum, shall 
        involve consideration of each of the following factors:
                    (A) Computer modeling based on relevant statewide 
                general elections for Federal office held over the 8 
                years preceding the adoption of the redistricting plan 
                setting forth the probable electoral outcomes for the 
                plan under a range of reasonably foreseeable 
                conditions.
                    (B) An analysis of whether the redistricting plan 
                is statistically likely to result in partisan advantage 
                or disadvantage on a statewide basis, the degree of any 
                such advantage or disadvantage, and whether such 
                advantage or disadvantage is likely to be present under 
                a range of reasonably foreseeable electoral conditions.
                    (C) A comparison of the modeled electoral outcomes 
                for the redistricting plan to the modeled electoral 
                outcomes for alternative plans that demonstrably comply 
                with the requirements of paragraphs (1), (2), and (3) 
                of subsection (b) in order to determine whether 
                reasonable alternatives exist that would result in 
                materially lower levels of partisan advantage or 
                disadvantage on a statewide basis. For purposes of this 
                subparagraph, alternative plans considered may include 
                both actual plans proposed during the redistricting 
                process and other plans prepared for purposes of 
                comparison.
                    (D) Any other relevant information, including how 
                broad support for the redistricting plan was among 
                members of the entity responsible for developing and 
                adopting the plan and whether the processes leading to 
                the development and adoption of the plan were 
                transparent and equally open to all members of the 
                entity and to the public.
            (3) Rebuttable presumption.--
                    (A) Trigger.--In any civil action brought under 
                section 402 in which a party asserts a claim that a 
                State has enacted a redistricting plan which is in 
                violation of this subsection, a party may file a motion 
                not later than 30 days after the enactment of the plan 
                (or, if later, not later than 30 days after the 
                effective date of this Act) requesting that the court 
                determine whether a presumption of such a violation 
                exists. If such a motion is timely filed, the court 
                shall hold a hearing not later than 15 days after the 
                date the motion is filed to assess whether a 
                presumption of such a violation exists.
                    (B) Assessment.--To conduct the assessment required 
                under subparagraph (A), the court shall do the 
                following:
                            (i) Determine the number of congressional 
                        districts under the plan that would have been 
                        carried by each political party's candidates 
                        for the office of President and the office of 
                        Senator in the 2 most recent general elections 
                        for the office of President and the 2 most 
                        recent general elections for the office of 
                        Senator (other than special general elections) 
                        immediately preceding the enactment of the 
                        plan, except that if a State conducts a primary 
                        election for the office of Senator which is 
                        open to candidates of all political parties, 
                        the primary election shall be used instead of 
                        the general election and the number of 
                        districts carried by a party's candidates for 
                        the office of Senator shall be determined on 
                        the basis of the combined vote share