Federal Bills

112th Congress

H.R. 453 – “The John Tanner Fairness and Independence in Redistricting Act’’

On January, 26, 2011 Representatives Heath Shuler (D-NC) introduced “The John Tanner Fairness and Independence in Redistricting Act’’ (H.R. 453). The bill as summarized: “Prohibits a state that has been redistricted after an apportionment from being redistricted again until after the next apportionment of Representatives, unless the state is ordered by a court to conduct such a subsequent redistricting in order to: (1) comply with the U.S. Constitution, or (2) enforce the Voting Rights Act of 1965.

“Requires such redistricting to be conducted through a plan developed by the independent redistricting commission established in the state, or if such plan is not enacted into law, the redistricting plan selected by the state's highest court or developed by a U.S. district court.

“Prescribes requirements for: (1) establishment of a state independent redistricting commission (including provisions for holding each of its meetings in public and maintaining a public Internet site), (2) development of a redistricting plan (including soliciting and considering public comments) and its submission to the state legislature (with public notice of plans at least seven days prior to such submission), (3) selection of a plan, under specified conditions, by the state's highest court or the U.S. district court for the district in which the capital of the state is located, (4) special rules for redistricting conducted under a federal court order, and (5) Election Assistance Commission payments to states for carrying out redistricting.”

To read the text of the bill, click here.

To read The Campaign Legal Center’s press release hailing the introduction of the bill and calling for hearings on the legislation, click here.

H.R. 419 -- Redistricting Transparency Act

On January 25, 2011, Representative Jim Cooper (D-TN) introduced “The Redistricting Transparency Act of 2011” (H.R. 419). The legislation would “require States to carry out Congressional redistricting in accordance with a process under which members of the public are informed of redistricting proposals and have the opportunity to participate in the development of such proposals prior to their adoption, and for other purposes.”

To read the text of the bill, click here.

To read The Campaign Legal Center’s press release hailing the introduction of the bill and calling for hearings on the legislation, click here.  

111th Congress

Redistricting Transparency Act Introduced

On March 23, 2010, the "Redistricting Transparency Act of 2010" (HR 4918) was introduced by Rep. John Tanner (D-TN) and Rep. Michael Castle (R-DE).  The Act requires open hearings and a public Web site in each state with data on Congressional districts so the public can watch and participate in the system by which district lines are drawn following the release of Census data. The public process would be overseen by the state’s redistricting entity, whether it is the state legislature or another body, such as an independent commission as outlined in the “Fairness and Independence in Redistricting (FAIR) Act” (HR 3025, Tanner/Castle), a comprehensive redistricting reform bill also endorsed by the Blue Dog Coalition in the 109th, 110th and 111th Congresses.

HR 4918

HR 4918, The Redistricting Transparency Act of 2010, requires states to carry out congressional redistricting in accordance with a process under which members of the public are informed of redistricting proposals via the Internet and have the opportunity to participate in the development of such proposals prior to their adoption.

Requires each state redistricting entity to establish and maintain a public Internet site meeting specified requirements.

Requires the state redistricting entity to: (1) solicit the input of members of the public in its work to develop initial congressional redistricting plans for the state; and (2) post the proposed final plan on the Internet site 10 days before its adoption, as well as 7 days after its adoption, together with a map, the reasons for adoption, dissenting opinions, and certain other information.

To read a summary of the legislation, click here.

To read the endorsement of the Blue Dog Coalition, click here.

To read the release by the Campaign Legal Center, click here.

FAIR Act Introduced in the House and Senate

Representatives John Tanner (D-TN) and Michael Castle (R-DE) introduced the Fairness And Independence in Redistricting (FAIR) Act on June 24, 2009. Senator Tim Johnson (D-SD) also introduced a similar Senate bill.

To read the release by the Campaign Legal Center, click here.

HR 3025

HR 3025, The Fairness and Independence in Redistricting Act of 2009, was proposed by Rep. John Tanner (D-TN) and Rep. Michael Castle (R-DE) and prohibits a state that has been redistricted after an apportionment from being redistricted again until after the next apportionment of Representatives, unless the state is ordered by a court to conduct such a subsequent redistricting in order to: (1) comply with the U.S. Constitution; or (2) enforce the Voting Rights Act of 1965.

Requires such redistricting to be conducted through a plan developed by the independent redistricting commission established in the state, or if such plan is not enacted into law, the redistricting plan selected by the state's highest court or developed by a U.S. district court.

Prescribes requirements for: (1) establishment of a state independent redistricting commission (including provisions for holding each of its meetings in public and maintaining a public Internet site); (2) development of a redistricting plan (including soliciting and considering public comments) and its submission to the state legislature (with public notice of plans at least seven days prior to such submission); (3) selection of a plan, under specified conditions, by the state's highest court or the U.S. district court for the district in which the capital of the state is located; (4) special rules for redistricting conducted under a federal court order; and (5) Election Assistance Commission payments to states for carrying out redistricting.

S 1332 (Senate Companion)
S 1332, The Fairness and Independence in Redistricting Act of 2009 was introduced by Sen. Tim Johnson (D-SD) and, as the companion bill to HR 3025, contains virtually identical provisions.

110th Congress

Side-by-Side Comparison of Congressional Redistricting Plans
This document summarizes and compares redistricting reform bills introduced during the 110th Congress.
To view the side by side comparison, click here.

H.Res. 1365
House Resolution 1365 is a resolution co-sponsored by Rep. John Tanner (D-TN) and Rep. Zach Wamp (R-TN), expressing the sense of the House of Representatives that an independent commission is the best vehicle for ensuring that Congressional redistricting conducted by a State is done in a manner that respects the principles of transparency, effective and diverse public participation, and accountability. The resolution also provides that a State should not be redistricted until after the next apportionment of Representatives, 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.

HR 2248
HR 2248, The Redistricting Reform Act of 2007, was proposed by Rep. Zoe Lofgren (D-CA), and would require the states to set up independent commissions to redraw district boundaries on a nonpartisan, competitive basis and ban mid-decade redistricting. Specifically, the bill requires that each state create a five-member commission, with equal numbers (at least one) of commissioners appointed by majority and minority parties in each house of the state legislatures, and a chairperson who will be elected by the majority vote of the other four commissioners.  Each major party would appoint the commissioner member(s) affiliated with the opposite major party. In addition, the bill requires representation of non-major parties on the commission that is proportional to the number of registered voters for that party in the state. Commissioners of non-major parties would be elected to the redistricting commission by a 2/3 majority vote of the major party commissioners.  The bill also specifies that commissions should consider district continuity, respect for communities of interest, and geographic boundaries as criteria for redistricting. Finally, the bill permits private litigants to sue in federal court if the state fails to use the appropriate criteria for redistricting.

HR 543
HR 543, The Fairness and Independence in Redistricting Act, was proposed by Rep. John Tanner (D-TN), and also requires the states to (1) set up five-member independent commissions to redraw district boundaries on a nonpartisan, competitive basis, and (2) ban mid-decade redistricting. The commission must have equal numbers (at least one) of commissioners appointed by majority and minority parties in each house of the state legislatures, and the chairperson of the commission is to be elected by the majority vote of the other four commissioners.   Each major party will appoint the commissioner member(s) affiliated with their own party.  In addition, the bill requires that redistricting plans respect continuity, to the maximum extent possible, for the following (in descending order of priority): counties or parishes, municipalities, and neighborhoods.  With regard to communities of interest, the bill has no other requirements for continuity separate from the preservation of counties, municipalities, and neighborhoods. Finally, the bill does not require any deference to geographic boundaries whatsoever.

S. 2342 (Senate Companion)
S 2342 was introduced by Sen. Tim Johnson (D-SD) and, as the companion bill to HR 543, contains virtually identical provisions.