HR5426-119

What This Bill Does

The John Tanner and Jim Cooper Fairness and Independence in Redistricting Act establishes federal rules for congressional redistricting. It invokes Congress's Article I elections power and Fourteenth Amendment enforcement authority, then bars states from redistricting again after post-apportionment redistricting until after the next apportionment, except when a federal court requires redistricting to comply with the Constitution or Voting Rights Act. Congressional districts must be drawn by an independent state redistricting commission, or if that plan is not enacted, by the state's highest court or a federal district court. Each state must create a commission with a chair chosen by members and balanced appointments from majority and minority parties in the state legislative chambers, with special rules for unicameral legislatures. Commission members face conflict-of-interest limits; commissions must hold hearings, publish plans, explain criteria, preserve records, and submit plans to the legislature without amendment. If no commission plan is enacted by the first November 1 after apportionment notice, courts select or develop a plan under statutory deadlines. When a federal court orders redistricting, shorter 30-, 150-, 180-, and 210-day deadlines apply. The Election Assistance Commission must pay states $150,000 times the number of House seats within 30 days of apportionment notice for redistricting costs, with unused funds returned. The bill defines state apportionment notice and does not affect state or local election districting.

Who Benefits and How

Voters in congressional districts benefit because the bill moves map drawing away from ordinary partisan legislative control and toward independent commissions or courts. Independent redistricting commissions benefit from a federal mandate, appointment structure, public hearing duties, and recordkeeping rules. Minority-party voters benefit because commission appointments must include balanced representation from legislative party categories. Election transparency organizations benefit from public explanations, hearings, plan publication, and preserved commission records.

Who Bears the Burden and How

State legislatures lose unilateral control over congressional redistricting plans and may not amend commission-submitted plans. State highest courts must select plans if commission plans are not enacted by the statutory deadline. Federal district courts must develop plans if state courts fail to meet court fallback deadlines. Election Assistance Commission staff must calculate and distribute redistricting payments to states.

Key Provisions

• Limits congressional redistricting to once after each apportionment unless a federal court requires another map.
• Requires independent redistricting commissions or court-selected fallback plans for congressional districts.
• Establishes commission composition, conflict, hearing, publication, approval, and recordkeeping rules.
• Provides federal-court redistricting deadlines when a court orders new maps under the Constitution or Voting Rights Act.
• Authorizes EAC payments of $150,000 per House seat and preserves state and local election districting.