(a) Short title.
This title may be cited as the “Congressional Fair Representation and Independent Redistricting Act”.
This title, and title XXXIV as applied to this title, takes effect upon enactment of the Popular Will Act of 2026. No provision of division F shall be construed to delay that effect. The post-ratification operation of titles XXXII and XXXIII is governed by those titles.
SEC. 3102. FINDINGS; PURPOSES; CONSTITUTIONAL AUTHORITY.
(a) Findings.
Congress finds the following:
1. Article I, section 4, clause 1 of the Constitution authorizes Congress at any time by law to make or alter regulations concerning the times, places, and manner of holding elections for Representatives. Congressional districting is a regulation concerning the manner and place of holding such elections.
2. Article I, section 2 requires Representatives to be chosen by the people of the several States. Substantially equal congressional-district population is necessary to give each person’s vote equal weight.
3. Partisan and incumbent-protective gerrymandering allows officeholders to choose their voters, impairs political accountability, burdens association and representation, and predictably entrenches governing coalitions against changes in popular will.
4. In Rucho v. Common Cause, 588 U.S. 684 (2019), the Supreme Court held that partisan-gerrymandering claims asserted directly under the Constitution as it then existed were nonjusticiable in Federal court, but expressly recognized Congress’s authority under the Elections Clause to address congressional gerrymandering.
5. In Arizona State Legislature v. Arizona Independent Redistricting Commission, 576 U.S. 787 (2015), the Supreme Court sustained congressional maps adopted by an independent commission created through a State’s lawmaking process. In Moore v. Harper, 600 U.S. 1 (2023), the Court rejected the claim that a State legislature regulating Federal elections is exempt from the State’s ordinary constitutional restraints and judicial review.
6. Congress has previously required single-member congressional districts and has previously prescribed contiguity, compactness, and population-equality rules. Modern computing and standardized geographic data permit those requirements to be administered with substantially greater precision, transparency, and reproducibility.
7. A single geometric measure cannot reliably detect gerrymandering. Packing and cracking may occur in districts that appear compact. Reliable evaluation therefore requires multiple measures, neutral comparison plans, representative election data, and consideration of the jurisdiction’s political geography.
8. Public confidence requires that no legislature, governor, candidate, party officer, or incumbent possess approval, veto, amendment, or fallback authority over the congressional districts in which that person may seek or retain power.
9. Independent mapmaking can be defeated through captured appointment systems, sham unaffiliated status, partisan consultants, hidden data, budget starvation, strategic deadlock, temporary or retaliatory maps, manipulation of communities of interest, or reversion of authority to political branches. Uniform minimum safeguards are therefore necessary.
10. Section 2a(c) of title 2, United States Code, retains obsolete contingencies permitting at-large congressional elections. Those contingencies are inconsistent with a uniform single-member-district system and create unnecessary uncertainty when a State fails to complete redistricting.
(b) Purposes.
The purposes of this title are—
1. to transfer congressional line-drawing and plan-adoption authority from interested political officials to independent citizens;
2. to establish definite, ranked, and judicially enforceable districting requirements;
3. to prohibit partisan and incumbent-protective purposes and material partisan entrenchment;
4. to preserve equal population, protected electoral opportunity, genuine communities of interest, political subdivisions, and geographic coherence;
5. to create a complete public record, reproducible quantitative review, prompt judicial remedies, and a Federal fallback that cannot return mapmaking authority to a State legislature or executive; and
6. to preempt inconsistent State law while permitting a State to adopt and enforce requirements that provide greater independence, transparency, or representational fairness and do not impair a requirement of this title.
(c) Constitutional authority.
Congress enacts this title pursuant to article I, sections 2, 4, 5, and 8, and section 5 of the Fourteenth Amendment to the Constitution, and all other powers vested in Congress. The principal and independent basis for the regulation of congressional districting in this title is article I, section 4.
SEC. 3103. DEFINITIONS.
In this title:
1. Candidate plan. The term “candidate plan” means a complete congressional districting plan generated or received for evaluation but not yet adopted.
2. Census redistricting data. The term “census redistricting data” means the tabulations and geographic products provided under section 141(c) of title 13, United States Code, and any official correction or successor product determined by the Federal Commission to be suitable for districting.
3. Commissioner. The term “commissioner” means a member selected to serve on a State congressional redistricting commission under this title.
4. Community of interest. The term “community of interest” means a geographically ascertainable population sharing substantial social, cultural, economic, educational, transportation, environmental, communications, historic, or Tribal interests relevant to effective and responsive representation. The term does not include a community defined principally by party affiliation, voting history, incumbent or candidate residence, donor or campaign network, or an asserted interest organized principally to influence a particular district boundary.
5. Covered political data. The term “covered political data” means—
1. party registration, party enrollment, or partisan-primary participation of an identifiable voter;
2. precinct, block, modeled, or individual election returns or partisan-performance estimates;
3. campaign contributions, partisan consumer files, canvass scores, or modeled political preferences;
4. the residence, proposed candidacy, electoral history, or district preference of an incumbent, candidate, party officer, or political committee; and
5. any proxy selected or materially used to reproduce information described in subparagraphs (1) through (4).
The term does not include protected-community information collected and used in good faith solely to identify, prevent, or remedy denial or dilution of electoral opportunity, unless that information is selected or used as a pretextual proxy for partisan performance.
6. Election dataset. The term “election dataset” means the prospective, public, and fixed collection of election returns and associated statistical adjustments used solely for compliance testing under section 3111.
7. Federal Commission. The term “Federal Commission” means the Commission defined in section 4 and established under section 101 of division A. Notwithstanding section 505 or another transfer provision of this Act, until the Federal Commission has a quorum and an operational Office of Fair Representation, the Election Assistance Commission, acting through its career personnel and any commissioners lawfully in office, shall continue solely as the Transition Redistricting Administration. That Administration may perform every ministerial or preparatory duty assigned by this title and shall petition a three-judge court convened under section 3120 to perform or supervise a duty requiring discretionary final action or map adoption.
8. Federal Office. The term “Federal Office” means the Office of Fair Representation within the Federal Commission.
9. Independent commission. The term “independent commission” means a body that satisfies sections 3105 through 3108 and possesses final authority to adopt a congressional districting plan without legislative or executive approval, veto, amendment, or substitution.
10. Major political party. The term “major political party” means a political party whose candidate received at least 5 percent of the statewide vote in the most recent election for President or Governor. The “two largest parties” are the two political parties receiving the greatest such vote.
11. Material partisan advantage. The term “material partisan advantage” means an advantage that is practically significant in one or more districts or in the expected composition, responsiveness, or durability of a State’s congressional delegation, as determined under section 3111.
12. Plan. The term “plan” includes every map, assignment table, geographic description, district number, technical correction, and incorporated dataset legally necessary to determine the congressional district in which each resident and geographic unit is located.
13. Political subdivision. The term “political subdivision” includes a county, parish, borough, municipality, incorporated place, census-designated place when used as a municipal equivalent, school district, Tribal reservation or trust land, and any other stable governmental boundary designated prospectively by the Federal Commission.
14. Protected electoral opportunity. The term “protected electoral opportunity” means the opportunity required by the Constitution, the Voting Rights Act of 1965, and other applicable Federal law for members of a racial, color, Tribal, ethnic, or language-minority community to participate in the political process and to elect candidates of choice.
15. Redistricting cycle. The term “redistricting cycle” means the period beginning on the date census redistricting data are released for a State and ending when the next such data are released.
16. Representative election. The term “representative election” means a contested general election held throughout a State for President, Senator, Governor, attorney general, secretary of state, or another statewide partisan office designated before line drawing under uniform Federal Commission rules.
17. State. The term “State” means each of the several States entitled to representation in the House of Representatives.
18. Substantive map change. The term “substantive map change” means a change that transfers any census block or resident between districts, changes the number or magnitude of districts, or alters a legal description in a manner capable of changing a person’s district. The term does not include correction of a clerical discrepancy that cannot affect assignment.
19. Valid neutral plan. The term “valid neutral plan” means a plan generated without covered political data that satisfies every requirement ranked above partisan-fairness evaluation and the uniform constraints registered under section 3111.
20. Compliant plan. The term “compliant plan” means a plan that satisfies every applicable substantive, procedural, adoption, disclosure, and record requirement of this division.
21. Qualifying commission. The term “qualifying commission” means an independent commission whose membership, selection, authority, voting, funding, staff, procedures, and fallbacks satisfy every provision of this division applicable to that commission.
22. Unaffiliated. The term “unaffiliated” means not registered with, enrolled in, formally affiliated with, or serving as an officer or voting member of any political party. A jurisdiction that does not record party registration shall determine affiliation from the objective evidence specified in section 3105(c).
SEC. 3104. EXCLUSIVE METHOD FOR ADOPTING CONGRESSIONAL DISTRICTS.
(a) Independent adoption required.
Except for a State entitled to only one Representative, congressional districts shall be prepared and adopted only by—
1. an independent commission that satisfies this title; or
2. the Federal Office or a three-judge court acting under an express fallback or remedial provision of this title.
(b) Political branches excluded.
No State legislature, legislative committee, governor, elected attorney general, secretary of state acting in a partisan or discretionary capacity, other elected official, candidate, political party, or political committee may—
1. draw or direct the placement of a district boundary;
2. approve, disapprove, veto, amend, delay, condition, or substitute a plan;
3. remove a commissioner except through the process in section 3108;
4. reduce or condition funds otherwise due to a commission;
5. compel disclosure of confidential applicant information except as authorized by this title; or
6. exercise fallback authority because of a vacancy, missed deadline, deadlock, judicial invalidation, emergency, or other event.
(c) State options.
A State may—
1. use one commission for congressional and State legislative redistricting if the commission independently satisfies this title for its congressional work;
2. provide greater public access, stricter conflict rules, a lower population deviation, or more protective neutrality requirements;
3. assign nondiscretionary election-administration duties to existing officers; and
4. obtain technical services from a nonpartisan State office if the commission controls the services, the office receives no covered political data, and every instruction and work product is public.
(d) Supersession.
This title supersedes every inconsistent State constitution, statute, initiative, referendum, regulation, order, custom, or practice concerning congressional districting. No State-law requirement shall excuse failure to meet a deadline or substantive standard under this title.
SEC. 3105. COMMISSION MEMBERSHIP AND SELECTION.
(a) Membership.
Each commission shall consist of 15 voting members selected for a single redistricting cycle as follows:
1. five members from the qualified pool affiliated with the largest political party in the State;
2. five members from the qualified pool affiliated with the second-largest political party in the State; and
3. five members from the qualified pool who have been unaffiliated throughout the preceding 6 years.
If fewer than two political parties qualify as major political parties, the Federal Office shall create two comparably sized affiliation cohorts reflecting the State’s demonstrated partisan affiliations without assigning more than five seats to persons affiliated with the same party; the third cohort shall consist exclusively of persons who have been unaffiliated throughout the preceding 6 years. No adaptation may reduce the unaffiliated cohort below one-third of the commission.
(b) Public applications.
1. Not later than September 1 of each year ending in 9, the Federal Office shall open a secure public application process of not less than 120 days.
2. The application shall request information reasonably necessary to determine eligibility, actual political affiliation, conflicts of interest, demographic and geographic diversity, relevant analytical or civic experience, and ability to act impartially.
3. An applicant shall authorize verification of public records and shall certify material facts under penalty of perjury.
4. Except for personal contact information, identity-theft-sensitive information, and information protected by Federal privacy law, applications and written responses shall be public before selection.
(c) Objective affiliation classification.
The Federal Office shall classify an applicant according to the totality of objective conduct during the preceding 6 years, including party registration, partisan-primary participation where recorded by law, party office, candidacy, campaign employment, substantial contributions, public endorsements, and compensated partisan activity. A recent registration change or self-description does not control. An applicant may seek expedited review of a classification before a Federal administrative law judge.
(d) Qualification review.
1. Career Federal Office personnel shall review applications under uniform published criteria without consulting elected officials or political parties.
2. The Federal Office shall publish a preliminary list, allow 21 days for fact-supported public objections and applicant responses, and issue a reasoned final qualification determination.
3. Each qualified pool shall contain at least 40 applicants if a sufficient number of qualified persons apply. The Federal Office shall conduct additional outreach and reopen applications if needed.
4. No elected official, legislative leader, party committee, or candidate may strike, rank, recommend, or veto an applicant.
(e) Random initial selection and member selection.
1. At a public meeting using an auditable random process fixed and tested in advance, the Federal Office shall select three initial members and at least five alternates from each qualified pool.
2. The lottery may be stratified to prevent omission of a major geographic region. On and after ratification of the Popular Will Amendment, it may also be stratified to enable the completed commission reasonably to reflect the diversity specified in paragraph (4). Before ratification, any use of a protected classification shall comply with the equal-protection requirements then in force. A stratum and its justification shall be published before random numbers are generated. Random seeds, source code, equipment specifications, recordings, and audit results shall be preserved as public records.
3. Within 21 days after the nine initial members take office, they shall select two additional members from each qualified pool. Selection of an additional member requires at least six votes, including at least two votes from the initial members of each cohort.
4. In making the six additional selections before ratification, the initial members shall improve geographic breadth and the commission’s collective capacity for impartial public service, data analysis, voting rights, and community engagement and may consider personal experience and diversity only as permitted by equal-protection requirements then in force. On and after ratification, the initial members shall cause the completed commission reasonably to reflect the geographic, racial, color, ethnic, gender, age, disability, language, Indigenous, and Tribal diversity of the State and shall improve that collective capacity. No demographic characteristic shall be used as a proxy for party, and no numerical quota is required.
5. If an additional position remains unfilled after three public votes, each initial member shall rank every remaining qualified applicant for that position. The applicant prevailing under a neutral ranked-choice method prescribed and published by the Federal Office before applications are reviewed shall be selected. If no valid method was timely published, the rankings shall be tabulated by instant runoff, eliminating the applicant with the fewest active first preferences in each round and transferring each ballot to its next-ranked continuing applicant. An exact tie after application of the controlling method shall be resolved by an auditable public lot.
6. A vacancy in a position originally selected by lot shall be filled from the next eligible alternate in the same cohort in the original random order. A vacancy in a position selected by the initial members shall be filled by the remaining commissioners from the same qualified pool under paragraphs (3) through (5); if fewer than nine commissioners remain able to act, the next eligible alternate in the same cohort shall serve until that selection is completed.
(f) Term and continuity.
A commissioner’s term begins upon taking the oath required by section 3107 and ends when all litigation concerning the cycle is finally resolved or on June 30 of the next year ending in 9, whichever occurs first. A commission remains constituted solely to defend, interpret, or make a court-ordered correction to its plan.
SEC. 3106. ELIGIBILITY; DISQUALIFICATIONS; POST-SERVICE RESTRICTIONS.
(a) Basic eligibility.
A commissioner shall be a citizen of the United States, an eligible voter of the State, and a continuous resident of the State for at least 5 years before applying. The commissioner shall possess demonstrated capacity to evaluate evidence, deliberate publicly, and discharge fiduciary duties impartially. Mapping or statistical expertise may not be required of every member.
(b) Ten-year lookback.
An applicant is ineligible if, during the 10 years preceding the application, the applicant or the applicant’s spouse, domestic partner, household member, parent, stepparent, child, stepchild, sibling, or entity controlled by the applicant—
1. held or sought partisan Federal, State, territorial, or local elective office;
2. served as an officer or voting member of the governing body of a political party or political committee;
3. was a paid employee or consultant of an elected official, candidate, campaign, political party, political committee, legislative caucus, or partisan legislative office;
4. was a legislative employee or a noncareer appointee of an elected executive;
5. was registered as a lobbyist or foreign agent, or received substantial compensation for attempting to influence legislation, districting, or election administration;
6. served as a redistricting consultant, expert witness, vendor, or attorney for a party, campaign, legislature, or advocacy organization, other than uncompensated public testimony disclosed in the application;
7. made aggregate political contributions exceeding $5,000, adjusted for inflation, in a 2-year period, or was a principal fundraiser or bundler;
8. held a government contract or financial interest whose value was materially dependent on an elected official or legislative appropriation; or
9. engaged in conduct that a reasonable person would understand to create a material obligation to a party, candidate, incumbent, or redistricting litigant.
(c) Current restrictions.
During service, a commissioner may not—
1. hold another public office or government employment;
2. hold a position in or provide services to a party, campaign, political committee, lobbying organization, or redistricting litigant;
3. make a political contribution, publicly endorse a candidate, fundraise, or participate in management of a campaign;
4. communicate ex parte concerning a plan or boundary;
5. accept a gift, honorarium, promise of employment, or thing of value from a person materially interested in districting; or
6. acquire a financial interest affected distinctively by a proposed plan.
(d) Post-service restrictions.
For 6 years after service, a commissioner may not seek or hold partisan elective office, serve as a paid legislative employee, lobby the Congress or the State legislature, or receive compensation for campaign, party, or redistricting work. A commissioner may provide uncompensated testimony, teach, publish, or perform nonpartisan public service.
(e) Continuing disclosure and recusal.
Commissioners shall file quarterly public disclosures of gifts, income sources, organizational positions, political activity of immediate household members, and material contacts. A commissioner shall recuse from a matter presenting a particularized conflict. Recusal does not alter the cross-cohort voting requirements unless the Federal Office seats an alternate.
SEC. 3107. ORGANIZATION; STAFF; FUNDING; INDEPENDENCE.
(a) Oath and fiduciary duty.
Before acting, each commissioner shall swear or affirm to support the Constitution, comply with this Act, refrain from seeking partisan or personal advantage, disclose material facts, and act as a fiduciary for the whole population of the State.
(b) Officers and voting.
The commission shall elect by at least 10 votes a chair and vice chair from different cohorts. Except where this title requires a greater vote, procedural action requires eight votes. Adoption, substantive amendment, certification, selection of executive staff or counsel, and removal of senior staff require at least 10 votes, including at least three from each cohort.
(c) Staff and vendors.
1. The commission shall appoint an executive director, mapping director, data officer, counsel, protected-opportunity counsel, public-participation officer, security officer, and inspector general through open competition.
2. Senior staff shall satisfy the commissioner disqualifications in section 3106, except that nonpartisan professional redistricting experience does not itself disqualify a person.
3. No vendor may use proprietary logic that prevents public reproduction of a map or score. A contract shall require disclosure of source code, parameters, training data material to an automated system, personnel, subcontractors, communications, and work product.
4. Commission counsel represents the commission as an institution, not an affiliation cohort or individual commissioner.
(d) Automatic funding.
1. Each State commission is entitled to a Federal payment sufficient for timely performance, calculated under a formula based on population, geographic complexity, number of districts, language-access need, and prevailing professional costs.
2. Amounts are available without fiscal-year limitation and without State matching funds, legislative appropriation, or executive approval.
3. A State may supplement but may not reduce, offset, impound, condition, or redirect commission funds.
4. If Congress fails to appropriate a specifically authorized amount, there is appropriated from the Treasury the amount necessary to carry out the nondiscretionary duties of this title, subject to public accounting and audit.
(e) Facilities and access.
The State shall provide suitable public facilities, records, and nondiscretionary administrative cooperation. Failure to do so authorizes the Federal Office to provide facilities and recover reasonable costs from otherwise available Federal election-administration payments to the State.
SEC. 3108. REMOVAL; VACANCIES; PROTECTION AGAINST CAPTURE.
(a) Exclusive grounds.
A commissioner may be removed only for substantial neglect of duty, permanent incapacity, knowing material violation of this title, conviction of a felony or crime involving corruption or dishonesty, material false statement in the application or disclosure, prohibited ex parte communication, bribery, or an unremedied conflict requiring disqualification.
(b) Procedure.
Removal may be initiated by the commission inspector general, the Federal Office, or five commissioners from at least two cohorts. After notice, discovery, and a public evidentiary hearing before an administrative law judge, removal requires clear and convincing evidence and a final order supported by at least four votes of the Federal Commission. The United States Court of Appeals for the circuit containing the State capital has exclusive jurisdiction for expedited review.
(c) No partisan suspension.
An elected official or legislative body may not suspend a commissioner. The Federal Commission may impose a temporary suspension by at least five votes only upon specific findings that continued participation presents an imminent threat to the integrity of the process, and shall seat an alternate during the suspension.
(d) Vacancies.
A vacancy does not invalidate prior lawful action. The vacancy shall be filled within 7 days under section 3105(e)(6). If neither an eligible alternate nor a sufficient qualified pool remains, the Federal Office shall reopen applications for that cohort and complete the applicable random or member-selection procedure on an expedited public schedule. No political officer receives an appointment power because of the vacancy.
SEC. 3109. RANKED DISTRICTING REQUIREMENTS.
(a) Overarching prohibitions.
No plan or district may be drawn, selected, numbered, or maintained—
1. with a material purpose of favoring or disfavoring a political party, candidate, incumbent, coalition, political viewpoint, or class of voters defined by political affiliation or viewpoint;
2. to predetermine a delegation’s partisan composition, protect an incumbent, pair or separate particular incumbents, create a safe district, retaliate for another jurisdiction’s map, or alter electoral competition for a partisan purpose;
3. with a purpose or effect prohibited by the Constitution or Federal voting-rights law;
4. using a population deviation, community-of-interest claim, subdivision boundary, compactness measure, district number, or purported technical correction as a pretext for a forbidden purpose; or
5. through an evasion device described in section 3114.
The prohibitions in this subsection are constraints and may not be traded against a criterion in subsection (b).
(b) Ranked affirmative criteria.
Subject to subsection (a), a plan shall satisfy the following criteria in descending order of priority, and the commission shall not materially impair a higher-ranked criterion to improve a lower-ranked criterion:
1. Federal compliance and population equality. Comply with the Constitution and applicable Federal law and make each district’s total population equal to the ideal district population as nearly as practicable.
2. Protected electoral opportunity. Provide protected electoral opportunity as required by applicable Federal law, using current, reliable, and functionally relevant evidence and no mechanical racial target.
3. Contiguity. Make every district contiguous. Point contiguity is insufficient. Water contiguity is permitted only where there is regular transportation, a shared governmental relationship, or no practicable land connection, under uniform prospective rules.
4. Communities of interest. Preserve communities of interest to the greatest extent practicable, based on evidence in the public record rather than partisan sponsorship or the number of duplicative submissions.
5. Political subdivisions, neighborhoods, and lawful district cores. Reasonably respect counties, municipalities, Tribal lands, other political subdivisions, neighborhoods, and the cores of prior lawful districts, counting both split units and resulting fragments, except where a boundary or core perpetuates dilution, entrenchment, or another violation.
6. Compactness and travel coherence. Achieve geographic compactness under multiple measures suited to the State’s natural and population geography and avoid unjustified tendrils, holes, unnecessary water crossings, and travel barriers. Compactness is not superior to protection of communities or equal electoral opportunity.
7. Partisan neutrality. Avoid material partisan advantage under section 3111 and, among plans comparably satisfying paragraphs (1) through (6), select a plan within the central range of neutral expected outcomes and with durable responsiveness to changes in voter preference.
(c) Population standard.
1. A commission shall make a good-faith effort to achieve mathematical equality using census redistricting data as adjusted under section 3110.
2. If a plaintiff shows that a smaller deviation was possible, the commission shall justify each remaining deviation with specificity as necessary to satisfy a criterion ranked in subsection (b)(1) or (2), or an unavoidable census or geographic limitation.
3. Administrative convenience, incumbent protection, projected population change, speculative growth, regionalism, or a generalized desire to avoid precinct splits does not justify an otherwise avoidable congressional population deviation.
(d) No competitiveness mandate.
Electoral competitiveness may be reported but is not an independent districting objective. A commission may not sacrifice a higher criterion, protected electoral opportunity, or partisan neutrality to manufacture marginal districts.
(e) Written balancing findings.
For each district and the plan as a whole, the commission shall identify material conflicts among criteria, alternatives considered, the evidence relied upon, and why any impairment of a criterion was necessary. Conclusory recitation of statutory language is insufficient.
1. Before title XXXII becomes operative, paragraph (b)(2) prohibits a congressional plan that results, under the totality of circumstances and applicable law, in a denial or abridgment of the right to vote on account of race or color or membership in a language-minority group. The commission and reviewing court shall apply section 2 of the Voting Rights Act of 1965, the Fourteenth and Fifteenth Amendments, and controlling precedent in force at the time of decision, using current evidence of population, geographic configuration, political cohesion, bloc voting, discrimination, electoral practices, candidate access, responsiveness, and other probative circumstances.
2. No group is guaranteed proportional representation or electoral success. Before ratification of the Popular Will Amendment, race, color, ethnicity, Tribal status, or language-minority status may be considered in drawing a district only on a strong basis in evidence and in a manner consistent with equal-protection requirements then governing race-conscious districting. Any predominant use of race shall be narrowly tailored to compliance with or remediation of a constitutional or statutory voting-rights obligation, and the resulting district shall be reasonably configured in light of traditional districting principles that do not themselves perpetuate dilution.
3. This subsection does not purport before ratification to displace a constitutional limitation or a controlling construction of the Voting Rights Act. Upon ratification, sections 3203 and 3206 supply independent, later constitutional and statutory standards and control to the extent provided in those sections.
SEC. 3110. POPULATION DATA; INCARCERATED PERSONS; GEOGRAPHIC INTEGRITY.
(a) Controlling population base.
Total population reported in census redistricting data is the controlling base. Citizenship, voter eligibility, registration, or turnout may not replace total population for equalization.
(b) Reallocation of incarcerated persons.
1. For districting within a State, a person incarcerated in a Federal, State, or local correctional facility on the census date shall be allocated to the person’s last usual residence before incarceration if a reliable address within the State can be determined.
2. The Bureau of Prisons and every State or local correctional authority shall provide the Federal Office, under secure procedures, the minimum information needed to perform reallocation.
3. A person whose last usual residence was outside the State, cannot be determined after reasonable efforts, or was the correctional facility before incarceration shall remain allocated to the census block containing the facility solely to preserve the State’s apportioned total.
4. Individual identifying information used for reallocation is confidential and may not be used for law enforcement, immigration enforcement, eligibility determination, commercial activity, or political targeting.
5. The commission shall publish aggregate reallocations and methodology sufficient for reproduction without disclosing personal information.
(c) Other group quarters.
No person in a military installation, college residence, nursing facility, shelter, hospital, or other group quarters shall be reallocated except under a uniform rule enacted by Congress or required by a final court order.
(d) Census corrections and uncertainty.
The Federal Commission shall establish a uniform procedure for official geographic corrections, boundary discrepancies, duplicated records, and delayed data. A commission may not substitute private population estimates, projected population, or citizenship data for the controlling population base.
(e) Precincts and census blocks.
A district boundary shall follow census-block boundaries unless a block split is necessary to achieve population equality, correct a census geographic error, follow a legally controlling boundary, or protect electoral opportunity. Election precincts may be split when necessary to satisfy a higher-ranked criterion. Election-administration convenience is not categorically superior to fair representation.
SEC. 3111. PARTISAN-NEUTRALITY REVIEW; ENSEMBLES; METRICS.
(a) Separate construction and audit functions.
Covered political data may not be furnished to commissioners, mapping personnel, or a person generating neutral candidate plans. This prohibition does not withhold protected-community information that section 3103(5), section 3109(f), or section 3206 permits to be used for voting-rights compliance. After a substantial set of candidate plans has been generated under sections 3109 and 3110, a separate audit team that did not draw boundaries shall test the plans. The audit team may report pass-or-fail results, relative ranges, and identified statutory concerns, but may not recommend moving an identified population for partisan effect.
(b) Prospective election dataset.
Not later than 90 days before census redistricting data are released, the Federal Office shall publish the election dataset. It shall include every contested representative election held during the preceding 8 years or, if fewer than 6 suitable elections occurred, during the preceding 12 years. The methodology shall normalize turnout, account for uncontested or anomalous contests, avoid selective weighting, and disclose every exclusion. The dataset may not be changed after line drawing begins except to correct a demonstrated clerical error under public notice.
(c) Neutral ensemble.
1. The audit team shall generate or independently validate an ensemble of not fewer than 100,000 valid neutral plans, unless the Federal Office determines that the number of mathematically distinct valid plans or the size of the delegation makes that minimum uninformative.
2. Constraints, priorities, geographic units, algorithm, source code, software version, random seeds, stopping rules, acceptance rates, effective sample size, mixing and convergence diagnostics, and known limitations shall be registered and published before results are examined.
3. The ensemble shall implement the criteria ranked above partisan neutrality and shall not encode incumbent protection, partisan performance, a desired delegation, or a proxy for those objectives.
4. At least one independent team shall reproduce material results. A proprietary or nonreproducible ensemble is not evidence of compliance.
(d) Measures.
Each candidate plan shall be evaluated across the election dataset and a uniform range of plausible statewide vote shifts using—
1. expected seat distribution compared with the ensemble median and distribution;
2. partisan bias at an evenly divided statewide vote;
3. efficiency gap, with separate disclosure of packing and cracking;
4. mean-median vote-share difference;
5. seats-votes responsiveness and symmetry;
6. durability of advantage across elections and vote shifts; and
7. any additional peer-reviewed measure adopted prospectively by rule.
No single measure controls, and proportionality between statewide votes and seats is neither required nor a defense.
(e) Presumption of material partisan advantage.
A rebuttable presumption arises if a plan’s expected seat outcome for a party—
1. lies outside the 5th through 95th percentile of the neutral ensemble and differs from the ensemble median by at least one seat; and
2. is corroborated by at least two of the following: absolute partisan bias exceeding 2 percentage points, absolute efficiency gap exceeding 5 percentage points, absolute mean-median difference exceeding 2 percentage points, materially asymmetric responsiveness, or durable advantage in at least two-thirds of tested elections and vote shifts.
The Federal Commission may tighten but may not relax these default thresholds. No threshold is a safe harbor for a prohibited purpose, falsified constraint, manipulated dataset, or material process violation.
(f) Small delegations and multiple parties.
For a State with fewer than five districts, the audit shall emphasize district-level packing and cracking, boundary alternatives, pairwise swaps, neutral-plan frequency, and durability rather than mechanically applying statewide percentage thresholds. Rules shall test every party receiving at least 5 percent of a representative-election vote and shall address coalitions and independents without assuming a permanent two-party system.
(g) Selection rule.
The commission shall select a plan that satisfies higher-ranked criteria, does not trigger an unrebutted presumption, lies within the central range of neutral outcomes, and is not materially less responsive or more durably biased than a reasonably available plan that comparably satisfies higher-ranked criteria. The commission need not select the plan producing the closest proportional result or the mathematically smallest score.
SEC. 3112. PUBLIC PROCESS; DATA; RECORDS.
(a) Hearings and participation.
Before publishing a draft, the commission shall conduct hearings reasonably distributed by population and geography, including rural areas and communities protected by Federal language-access law. Participation shall be available in person and remotely, accessible to persons with disabilities, and supported by translation, plain-language materials, and a free public mapping portal.
(b) Open meetings.
Every substantive meeting, staff briefing, mapping session, and deliberation shall be noticed at least 7 days in advance, livestreamed, recorded, transcribed, and open to the public. An emergency meeting may address only a genuine operational emergency described with specificity and may not adopt or substantively amend a plan.
A commissioner or staff member may receive districting information only through a public hearing, a written submission placed promptly in the public docket, or a disclosed technical communication authorized by rule. An inadvertently received ex parte contact shall be disclosed within 24 hours, including sender, recipients, substance, and responsive action.
A person submitting a map, community claim, mass comment, study, or model shall disclose the natural persons and entities that funded, directed, or materially assisted it and aggregate expenditures exceeding $10,000. Substantially identical submissions count as one evidentiary submission. Anonymous public comment may express a view but may not support an adjudicative factual finding.
(e) Required disclosure.
The commission shall publish in machine-readable form all nonconfidential census, geographic, election, community, and subdivision data; data dictionaries; source code; algorithms; constraints; random seeds; draft and submitted maps; shapefiles; assignment files; scores; legal memoranda; contracts; invoices; calendars; communications; meeting records; and version histories. Each map shall have a permanent identifier and cryptographic hash.
(f) Draft period and final changes.
At least three complete draft plans shall be published for at least 30 days of comment. A substantive change after that period shall be published for at least 7 additional days, except that a court-ordered cure may use the period allowed by the court. No undisclosed substitute or omnibus amendment may be adopted at a final meeting.
(g) Preservation.
Records shall be preserved permanently by the National Archives or under an approved records schedule that preserves them through at least two redistricting cycles. Deliberative-process, legislative, work-product, mediation, or common-interest privilege may not conceal a record required to be public by this section. Attorney-client privilege protects only confidential legal advice unrelated to factual mapmaking instructions and is waived as to any advice affirmatively relied upon to justify a plan.
SEC. 3113. ADOPTION; COMPLIANCE NOTICE; FALLBACK.
(a) State adoption.
A final plan requires at least 10 commissioner votes, including at least 3 from each cohort. The vote shall occur by roll call at a public meeting. Within 48 hours, the commission shall transmit the plan and complete record to the Federal Office and the State’s chief election officer.
(b) Certification report.
The plan shall be accompanied by a report stating, for the plan and each district—
1. population and deviation;
2. compliance with protected-opportunity requirements;
3. contiguity, community, subdivision, and compactness findings;
4. all partisan-neutrality measures, ensemble distributions, and independent validations;
5. every material alternative and tradeoff;
6. all block and precinct splits;
7. incarcerated-person reallocations in aggregate form; and
8. a certification by each voting commissioner that no prohibited information, instruction, contact, or purpose influenced the vote.
(c) Federal compliance notice; no administrative veto.
Within 30 days, the Federal Office shall publish a reasoned notice stating whether the commission and plan facially satisfy this title. Review is based on the public record, is advisory to the commission and courts, and does not condition or suspend the plan’s force. If the Office identifies a curable defect, it may give the commission not more than 21 days to adopt a voluntary cure. If a material defect is not cured, the Federal Commission or Attorney General shall promptly seek relief from the three-judge court; only that court may enjoin, invalidate, or replace a plan already adopted by a qualifying commission.
(d) Effect of adoption.
Upon adoption by the State commission, the plan has the force of Federal law for congressional elections and, to the extent provided by State law, also has the force of State law. It binds every State and local officer, subject only to judicial review. Filing, publication, a Federal compliance notice, or performance of another ministerial duty may not delay that force. No additional legislative enactment, gubernatorial signature, referendum, State-court approval, Federal administrative approval, or administrative rule is required.
(e) Ranked-vote resolution of State-commission deadlock.
If no plan receives the vote required by subsection (a) after three final votes, the commissioners shall rank every legally compliant finalist under a neutral ranked-choice method prescribed by rule and irrevocably fixed before the commission receives covered political data. If no valid method was timely fixed, the rankings shall be tabulated by instant runoff, eliminating the finalist with the fewest active first preferences in each round and transferring each ballot to its next-ranked continuing finalist. An exact final tie shall be resolved in favor of the plan closest to the median of the neutral ensemble across the measures in section 3111(d), using a prospective equal-weight composite; if that comparison also is exactly tied or unavailable, an auditable public lot controls. The prevailing plan is adopted by the State commission and has the force specified in subsection (d). A plan sponsored or preferred by a legislature, governor, party, incumbent, or candidate receives no preference. The complete ballots, tabulation, and explanation shall be public.
(f) Federal and judicial fallback.
If a commission misses a deadline, lacks a quorum for 14 days, has no legally compliant finalist for subsection (e), or is finally adjudged unable to complete its duty—
1. the Federal Office shall assume exclusive fallback authority;
2. career staff shall publish at least three compliant plans, all data and scores, and a recommendation after not less than 14 days of comment;
3. the Federal Commission may adopt a plan within 14 days only by at least five affirmative votes, including at least one commissioner in each affiliation category described in section 104(c)(1); before the first national presidential election governed by division B, those categories shall be determined from the two political parties whose presidential nominees received the largest and second-largest aggregate popular-vote totals reported by the several States and the category of commissioners affiliated with neither party; and
4. if the Federal Commission does not timely act, the three-judge district court for the district containing the State capital shall appoint a nonpartisan special master or temporary commission and shall adopt the compliant plan best satisfying the ranked criteria.
No missed deadline or deadlock authorizes an at-large election, use of an obsolete plan after reapportionment, or action by a legislature or governor.
SEC. 3114. PROHIBITION ON MID-DECADE AND EVASIVE REDISTRICTING.
(a) One plan per cycle.
After adoption, a plan may be changed before the next census redistricting data only—
1. to comply with a final judicial judgment;
2. after a change in the State’s apportioned number of Representatives;
3. to correct a clerical assignment error that demonstrably places a geographic unit in a district different from the adopted map;
4. to comply with a newly controlling provision of Federal law; or
5. after creation, dissolution, or alteration of a State boundary under the Constitution when the change makes the plan unlawful or materially unrepresentative.
Any change shall be no broader than necessary and shall follow this title. Changed political preferences, a new legislative majority, retaliation, partisan developments elsewhere, an asserted national balance, emergency declaration, or temporary duration is not a justification.
(b) Evasion devices.
No person may evade this title through an at-large election; multimember district; numbered post; residency district; staggered assignment; alteration of district magnitude or number; change in term, election date, place designation, candidate qualification, or governmental power; transfer of powers among offices; manipulation of district numbering, transition terms, census residence, or population assignment; selective creation, abolition, annexation, detachment, consolidation, or dissolution of a subdivision; delegation to a nominally private body; purported advisory map; court consent decree lacking findings; or any substantially similar device having a forbidden purpose or effect.
(c) No revival.
Invalidation of a commission, selection rule, criterion, or plan does not revive legislative mapmaking power, an at-large fallback, or a prior unlawful plan. Authority passes immediately to the next independent fallback under this title.
SEC. 3115. DECENNIAL AND TRANSITION TIMING.
(a) Ordinary cycle.
The commission shall be seated by September 1 of each year ending in 0, begin public community hearings before receipt of census redistricting data, publish initial drafts within 75 days after receipt, and adopt a final plan within 150 days after receipt. The Federal Office may extend a deadline once for not more than 30 days because of delayed or materially corrected census data, but not for partisan disagreement.
(b) Election-administration lead time.
A final plan shall be adopted at least 240 days before the first primary or general election using it. A three-judge court may permit a shorter period only upon specific findings that the shorter period is strictly necessary to remedy a violation or respond to delayed or materially corrected census data, that no equally effective remedy preserving the full period is available, and that filing, petition, primary, and administrative dates have been adjusted to minimize voter and candidate disruption. Candidate-filing, petition, primary, and administrative dates shall otherwise yield to the Federal schedule established by this title to the extent necessary. The regularly scheduled Federal general-election day shall not be changed except by Act of Congress.
(c) Initial transition.
Each State shall use a compliant plan for the first regularly scheduled congressional general election occurring at least 18 months after enactment. If enactment occurs before July 1 of a year ending in 9 or 0, the ordinary decennial timetable controls. A transition map adopted under this subsection remains effective only until the next ordinary decennial plan and is not an impermissible mid-decade map.
SEC. 3116. OFFICE OF FAIR REPRESENTATION.
The Federal Commission shall maintain an Office of Fair Representation headed by a career Director appointed for a 10-year term by at least five Commission votes, including at least one commissioner in each affiliation category described in section 104(c)(1), with the pre-direct-election categories determined under section 3113(f)(3). The Director may be removed during the term only for substantial neglect of duty, malfeasance, permanent incapacity, or knowing material violation of law, by the same vote after written notice and an opportunity to respond. A career Deputy Director selected under the same professional criteria shall act during a vacancy or incapacity without acquiring a new term. The Office shall administer applicant review and hybrid selection; issue uniform technical standards; maintain open-source mapping and ensemble systems; provide language, disability, cybersecurity, census, and statistical assistance; audit commissions; publish compliance notices; maintain the national public repository; coordinate correctional reallocation; conduct Federal fallback mapmaking; investigate compliance; and refer civil or criminal violations. Binding rules shall be adopted by the properly appointed Federal Commission, not by the Director acting alone.
SEC. 3117. EXPRESS ENFORCEMENT; JUDICIAL REVIEW; REMEDIES.
(a) Personal right and cause of action.
Every voter assigned to a district under a plan governed by this title has a personal right to use of a plan adopted and maintained in compliance with this title. An affected voter, candidate suffering a concrete burden, political party with affected voters or candidates, organization on behalf of an affected member, State commission, or the Attorney General may bring an express action for declaratory and prospective equitable relief. The right is enforceable directly under this title and under section 1983 of title 42, United States Code, and the remedies are cumulative.
(b) Jurisdiction and parties.
The action shall be heard by a three-judge court under section 2284 of title 28 and section 3120. A voter asserting district-specific injury shall reside in at least one challenged district. Relief for district-specific injury in multiple districts requires an affected plaintiff or an identified organizational member in each such district, but a plaintiff with a statewide process injury or whose own injury cannot be fully cured without changes elsewhere in the plan may obtain plan-wide relief no broader than necessary for a complete cure. An organization may establish member residence through declarations whose identifying information may be protected by appropriate order. The United States may intervene as of right. No exhaustion, abstention, or bond is required. A claim under this title presents a judicially manageable question of statutory right and shall not be dismissed or denied as a political question, for want of a judicially discoverable standard, because it requires comparison of plans or statistical evidence, or because Congress or a State could also address the subject legislatively.
(c) Limitations and consolidation.
A process, purpose, facial, or quantitative claim shall be filed not later than 180 days after plan adoption. Notwithstanding the preceding sentence, a claim based on a material violation knowingly concealed by a defendant shall be filed not later than 60 days after the plaintiff discovered or, through reasonable diligence, should have discovered the violation; the period is tolled while concealment prevents discovery. These periods are statutes of limitations and are not jurisdictional. Equitable tolling is available for extraordinary circumstances that actually prevented timely filing despite reasonable diligence. A continuing population, protected-opportunity, or erroneous district-assignment violation may be challenged at any time while the plan is in use. Related actions shall be consolidated before one three-judge court. Laches does not bar a timely claim or reward concealment or strategic delay by a defendant.
(d) Burdens.
A plaintiff bears the initial burden by a preponderance of the evidence. A prima facie case arises from direct or circumstantial evidence of forbidden purpose, use of prohibited data, a material process violation, an extreme ensemble outlier, unexplained rejection of materially superior neutral plans, or avoidable population deviation. The commission then shall demonstrate with clear and convincing record evidence that the challenged feature was necessary to satisfy a higher-ranked requirement and was no broader than necessary. Post hoc rationalizations outside the administrative record receive no weight.
(e) Relief.
Upon finding a violation, the court shall declare the defect, enjoin the plan to the extent necessary, and give an independent commission that acted in good faith not more than 30 days to cure unless immediate fallback is required. If the commission fails, the court may direct the Federal Office, appoint a temporary commission or nonpartisan special master, and adopt the plan best satisfying this title. A remedy may alter all districts when packing, cracking, population balance, or statewide partisan effect cannot otherwise be cured and may adjust candidate-qualification, filing, primary, and election dates. The legislature and governor have no remedial role.
(f) Election proximity.
Proximity to an election, standing alone, does not permit use of a plan finally adjudged unlawful when a lawful plan can feasibly be administered. The court shall make specific findings concerning ballots already cast, administrative feasibility, voter confusion, and alternative dates, and may adjust filing, petition, primary, and canvass deadlines. An unlawful plan may be used for no more than one election only upon clear and convincing proof that no lawful plan can be administered without disenfranchising voters, and never because officials delayed or resisted relief.
(g) Stays; appeals; fees.
A stay requires a reasoned finding of likely success and irreparable injury that outweighs injury to voters. An appeal shall receive priority, and a final judgment or order granting or denying an injunction is directly appealable as provided in section 1253B of title 28. A prevailing or substantially prevailing private plaintiff shall recover reasonable attorney and expert fees under section 1988 of title 42. Commissioners have no damages liability for good-faith quasi-legislative acts, but immunity does not bar prospective relief. Against a State, this immediate title authorizes relief consistent with Ex parte Young and, before ratification of the Popular Will Amendment, does not rely on Article I to abrogate sovereign immunity or impose damages liability.
(h) Relation to division D.
Sections 401 through 409 supplement this title only to the extent consistent with the standing, jurisdiction, remedies, immunity, and limitations expressly stated in this section. Before ratification, no general provision of division D shall be construed to create State damages liability or an abrogation of sovereign immunity unavailable under then-operative constitutional authority.
SEC. 3118. CIVIL ENFORCEMENT; OFFENSES.
The Attorney General may seek declaratory, injunctive, and civil relief. A person who knowingly bribes a commissioner, falsifies a required adoption certificate, destroys or conceals a required record, transmits covered political data to line-drawing personnel, or acts under color of law to implement a plan known not to have been adopted by a body authorized under this division shall be subject to a civil penalty not exceeding $100,000 per violation, adjusted for inflation. Whoever corruptly gives or receives a thing of value to affect a boundary, or knowingly destroys a material record to obstruct a proceeding, shall be fined under title 18, imprisoned not more than 5 years, or both. Good-faith methodological disagreement is not an offense.
SEC. 3119. AMENDMENTS TO TITLE 2, UNITED STATES CODE.
(a) Repeal of obsolete fallback.
Section 2a(c) of title 2, United States Code, is repealed.
(b) Single-member commission districts.
Section 2c of title 2, United States Code, is amended to read:
“§ 2c. Congressional districts
“A State entitled to more than one Representative shall be divided into the same number of single-member districts, and one Representative shall be elected from each district. Each district shall be established and maintained under title XXXI of division C of the Popular Will Act of 2026. No Representative from such a State may be elected at large. Failure to establish a timely State plan invokes the Federal fallback under that title and does not authorize an at-large election or continued use of districts inconsistent with the current apportionment.”.
(c) Clerical amendment.
The table of sections for chapter 1 of title 2 is amended by striking the item relating to section 2c and inserting “2c. Congressional districts.”.
SEC. 3120. THREE-JUDGE COURTS AND DIRECT REVIEW.
(a) Three-judge court.
Section 2284(a) of title 28, United States Code, is amended by inserting before the period at the end the following: “, or when an action is filed under division C of the Popular Will Act of 2026 challenging a districting plan, electoral structure, commission, commission-selection process, adoption, compliance notice, certification, apportionment, or remedy”.
(b) Direct review of final judgments and injunction orders.
Chapter 81 of title 28, United States Code, is amended by inserting after section 1253 the following:
“§ 1253B. Direct appeals in fair-representation cases
“Any party may appeal directly to the Supreme Court from a final judgment, or from an interlocutory or permanent order granting or denying an injunction, entered by a district court of three judges in an action under division C of the Popular Will Act of 2026. The notice of appeal shall be filed not later than 30 days after entry of the judgment or order. The Supreme Court may expedite briefing, argument, and disposition.”.
The table of sections for chapter 81 of title 28 is amended by inserting after the item relating to section 1253 the following:
“1253B. Direct appeals in fair-representation cases.”.
(c) Venue, assignment, and expedition.
An action concerning a congressional or statewide plan shall be filed in the Federal judicial district containing the State capital. An action concerning a territorial, District of Columbia, or local plan shall be filed in the district in which the covered jurisdiction is located, except as otherwise expressly provided for an apportionment action under section 3307. Panel assignments shall be made promptly under neutral procedures and without regard to the appointing President. A three-judge court hearing a division C action shall establish an expedited schedule, issue findings and judgment not later than 120 days after the record is complete when practicable, and retain jurisdiction through implementation of the remedy.