Summary

Congress

Redistricting Bills – 116th Congress

While states are responsible for drawing congressional districts every ten years, Congress has the power under the Constitution’s Elections Clause (Art. I, sec. 4) to set rules governing how states draw districts. Congress has used this power in the past, for example, to mandate that states use single-member districts.

Below are the redistricting and census-related bills that members have filed during the 116th Congress. For information on redistricting and census-related bills filed in state legislatures, please visit our State Redistricting Bill Tracker.

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H.R. 1: Bill to enact various democracy reforms, including requiring states to create fifteen-member independent commissions to draw congressional districts and establishing redistricting criteria

• Ranked criteria include racial fairness provision, protection for communities of interest, and ban on partisan gerrymandering
• Requires at least three public hearings before and after a plan is drafted; requires the commission to submit a report that includes responses to public comment alongside the final plan

H.R. 4: Bill revising the coverage formula for jurisdictions that must preclear election law changes – including redistricting plans – under Section 4 of the Voting Rights Act of 1965

H.R. 36: Bill expressing sense of Congress that partisan gerrymandering of congressional districts should be banned

H.R. 44: Bill prohibiting states from carrying out mid-decade congressional redistricting

H.R. 124: Bill prohibiting states from carrying out mid-decade congressional redistricting, requiring states to create political appointee commissions for congressional redistricting, and establishing redistricting criteria

• Criteria partially ranked
• Requires commission to create a website for public notice and input

H.R. 130: Identical bill to H.R. 124

H.R. 131: Bill requiring certain measures of transparency during congressional redistricting, requiring state redistricting entities to:

• Create a website for public notice and input
• Hold at least one public hearing on both the preliminary and final plans
• Release a report accompanying the final plan explaining the reasons for adoption

H.R. 163: Bill requiring states to create commissions and implement open primaries for federal elections

H.R. 181: Bill limiting the penalty imposed on individuals who refuse to answer questions on the decennial census

H.R. 732: Bill prohibiting the Secretary of Commerce from implementing a design feature or adding any question not tested for at least three years to the decennial census

H.R. 794: Bill directing the Secretary of Commerce to adjust federal census population data to reflect incarcerated persons’ pre-incarceration residential addresses

H.R. 1320: Bill requiring the decennial census to include a citizenship question

H.R. 1612: Bill to enact various democracy reforms, including requiring states to create fifteen-member independent commissions to draw congressional districts and establishing redistricting criteria

• Ranked criteria, including racial fairness provision, protection for communities of interest, and ban on partisan gerrymandering
• Requires at least three public hearings before and after a plan is drafted; requires the commission to submit a report that includes responses to public comment alongside the final plan

H.R. 1734: Bill prohibiting the inclusion of citizenship, nationality, or immigration status questions on the decennial census

H.R. 1799: Bill revising the coverage formula for determining the jurisdictions that must preclear election law changes – including redistricting plans – under Section 5 of the Voting Rights Act of 1965

H.R. 2057: Bill directing the Attorney General to enter into an agreement with the National Academies to study and recommend best congressional redistricting practices to Congress

H.R. 3572: Bill requiring states to create fifteen-member independent commissions to draw congressional districts and establishing redistricting criteria

• Ranked criteria include racial fairness provision, protection for communities of interest, and a ban on partisan gerrymandering
• Requires at least three public hearings before and after a plan is drafted; requires the commission to submit a report that includes responses to public comment alongside the final plan

H.R. 3765: Companion bill to S. 1358

H.R. 4000: Bill enacting ranked choice voting and multimember congressional districts, creating fifteen-member independent commissions to draw congressional districts, and establishing redistricting criteria

• Ranked criteria, including racial fairness provision and ban on statewide partisan gerrymandering
• Requires at least three public hearings before and after a plan is drafted; requires the commission to submit a report that includes responses to public comment alongside the final plan

H.R. 4412: Bill prohibiting the U.S. Census Bureau from including citizenship information in the population data reported to states for legislative redistricting

S. 201: Bill requiring the decennial census to count the total number of people in each state and prohibiting the addition of citizenship or immigration status questions

S. 358: Companion bill to H.R. 732

S. 561: Companion bill to H.R. 4

S. 949: Bill to enact various democracy reforms, including requiring states to create fifteen-member independent commissions to draw congressional districts and establishing redistricting criteria

• Ranked criteria, including racial fairness provision, protection for communities of interest, and ban on partisan gerrymandering
• Requires at least three public hearings before and after a plan is drafted; requires the commission to submit a report that includes responses to public comment alongside the final plan

S. 1358: Bill requiring the decennial census to include a citizenship question

S. 1972: Bill establishing redistricting criteria

• Congressional districts only
• Unranked criteria, including racial fairness provision, protection for communities of interests, and ban on partisan gerrymandering
• Provides for the right of any eligible voter in a state to contest a gerrymandered map

S.2068: Bill prohibiting the Secretary of Commerce from including citizenship information in the population data reported to states for legislative redistricting

S.2233: Bill nullifying the effect of Executive Order 13880 (“Collecting Information About Citizenship Status in Connection With the Decennial Census”)

S. 2226: Bill requiring states to create fifteen-member independent commissions to draw congressional districts and establishing redistricting criteria

• Ranked criteria include racial fairness provision, protection for communities of interest, and a ban on partisan gerrymandering
• Requires at least three public hearings before and after a plan is drafted; requires the commission to submit a report that includes responses to public comment alongside the final plan

Fair Representation Act

Congressman Don Beyer has led the US House efforts to enact the Fair Representation Act.

Below is a summary of these efforts from Don Beyer’s government website.

Rep. Don Beyer (D-VA) and a group of House Democrats today introduced the Fair Representation Act, an election reform bill to change the way U.S. Representatives are elected. The bill, which includes a provision requiring that all Congressional districts be drawn by independent commissions to prevent gerrymandering, came soon after the Supreme Court’s decision in Rucho v. Common Cause, which upheld political gerrymandering.

“The Supreme Court’s decision to uphold political gerrymandering is the latest in a series of terrible setbacks for our democracy, and our legislation would help put the country back on the right track,” said Rep. Beyer. “At a time when Americans have waning faith in institutions and political leadership, the Fair Representation Act would help restore the trust which so many have lost in our political system. This bill would ensure that every voter has their voice represented in Congress, and make real progress towards bipartisan focus on getting results for the American people.”

Beyer was joined in introducing the bill by Representatives Jamie Raskin (D-MD), Ro Khanna (D-CA), Jim Cooper (D-TN), and Jim McGovern (D-MA).

“American democracy needs a new engine, which is embodied in this legislation,“ said Rep. Raskin. “I’m proud to cosponsor the Fair Representation Act to make our elections more positive and our government more representative. Let’s open up American politics to new voices, new choices and representation for all.”

“Reforming Congress will empower citizens to reclaim our democracy,” said Rep. Khanna. “The Fair Representation Act would help increase representation for communities left out of our political system and open up the two-party system to much-needed choice for voters. I thank Representative Beyer for his courage in reintroducing such a bold solution to reform American elections.”

The Fair Representation Act would move US House elections into multi-member districts drawn by independent redistricting commissions and elected through ranked choice voting. Taken together, these three measures would incentivize congressional candidates to appeal to a broader range of voters.

“Partisan politics and gerrymandering have taken over our elections and helped create the gridlock we’re seeing in Congress,” Rep. Cooper said. “This bill will allow the voices of more Americans to be heard.”

“Our democracy is in serious jeopardy. Right now, we have a system in many states where our representatives are picking the people who vote for them instead of the other way around. If that weren’t bad enough, last month the Supreme Court further undermined faith in our government by upholding this awful practice,” said Rep. McGovern. “I’m proud to join with Representative Beyer to introduce this critical bill, and I’m grateful for his leadership to ensure that every voice is heard and every vote matters.”

The Fair Representation Act was hailed by nonpartisan organizations FairVote, RepresentWomen, and Feminist Majority Foundation.

“Congress must fix partisan gerrymandering, yet can’t stop with independent commissions. We must replace winner-take-all elections with the Fair Representation Act to represent the millions of voters who, defying partisan stereotypes, could bridge our seemingly unbridgeable political divides. Ensuring every voter matters in every election is the best way to reverse what has become quite literally a death spiral for our constitutional order,” said Rob Richie, President and CEO of FairVote.

“Despite gains for women in the 2018 midterm elections, women remain under-represented at every level of government. I support the Fair Representation Act because it will help to elect significantly more women to Congress by opening up the political process so that more women can run and win,” said Eleanor Smeal, president of the Feminist Majority Foundation.

“No single reform would create more opportunities for women and people of color from across the spectrum to compete in fair elections,” said Cynthia Richie Terrell, founder of RepresentWomen. “It is central to our vision of how we achieve parity for women in congressional elections.”

Full text of the Fair Representation Act may be found here, and more resources, including factsheets and FAQ’s, are available from FairVote here.

Redistricting Commission

From OneVirginia2021 Foundation webpage

On November 3, 2020, Virginia voters approved an amendment to the state constitution, which will create the first Virginia Redistricting Commission.
See the full text of the amendment here.

The General Assembly also passed enabling legislation in the state budget that elaborates on how the commission will operate, who will be eligible to serve, the diversity requirements throughout the process, and the rules by which the Supreme Court of Virginia must abide should they end up needing to establish the maps.
See the full text of the budget language here.

To view the full timeline for the 2021 redistricting process, click here.

To visit the new Virginia Redistricting website to learn more and see updated information and interactive maps, click here.

If you have further questions about the process or the eligibility requirements, email varedist@dls.virginia.gov.

The members of the first Virginia Redistricting Commission are:

Del. Les Adams (R, Chatham)
James Abrenio (D, Fairfax)
Mackenzie K. Babichenko (R, Mechanicsville)
Sen. George Barker (D, Fairfax)
Jose A. Feliciano, Jr. (R, Fredericksburg)
Marvin W. Gilliam (R, Bristol)
Richard O. Harrell, III (R, South Boston)
Greta J. Harris (D, Richmond)
Brandon Hutchins (D, Virginia Beach)
Sean S. Kumar (D, Alexandria)
Sen. Mamie Locke (D, Hampton)
Sen. Ryan McDougle (R, Mechanicsville)
Del. Delores McQuinn (D, Richmond)
Sen. Steve Newman (R, Forest)
Del. Margaret Ransone (R, Kinsale)
Del. Marcus Simon (D, Falls Church)

HOW WERE THE COMMISSIONERS CHOSEN?

Districts will be drawn by a commission composed of 8 citizens and 8 legislators, with one of the citizens serving as the Chair. The citizen selection process – which was recently completed – was politically balanced, and the final determination of who serves was made by a panel of five retired circuit court judges (see below.)

In making its selections, the selection committee was required to give consideration to the racial, ethnic, geographic, and gender diversity of the Commonwealth.

See VPAP’s visual guide to the full process here.

WHO IS ON THE SELECTION COMMITTEE?

The judges chosen by legislative leaders from both parties to be on the Redistricting Selection Committee are:
The Hon. Pamela Baskervill (Chair – Petersburg)
The Hon. Joanne F. Alper (Arlington)
The Hon. William C. Andrews, III (Williamsburg)
The Hon. Larry B. Kirksey (Bristol)
The Hon. David Pugh (Newport News)

Click here for the video of their first public meeting.

Community Mapping

From Monday Jan. 11, 2021 OneVirginia2021 email

Now that the Virginia Redistricting Commission members have been selected, we are looking ahead at the public input part of the process. The new redistricting laws say that those drawing the maps must consider communities of interest in their decisions, which begs the question, how do they know what those communities are?

The short answer is: the public has to tell them! Our focus going forward is to empower citizens to provide information about their communities to the Commission in a clear and usable way. The primary tool we have to offer is community mapping programs. These websites (Districtr, created by Tufts University, and Representable, created by Princeton University) do not require the user to create an account or download anything – they simply allow any member of the public to submit a map that shows a community that should be kept together in the new district maps.

You probably have lots of questions about this, and the best way to get answers is to attend the trainings this week! See our events page for a full listing of this week’s Representable and Districtr training sessions hosted by the League of Women Voters of Virginia, as well as the sign up links.

We’re looking forward to this next phase of the process and the historic opportunity for Virginians to make their voices heard in the redistricting process.