John Tanner and Jim Cooper Fairness and Independence in Redistricting Act
The John Tanner and Jim Cooper Fairness and Independence in Redistricting Act would overhaul how Congressional redistricting is done after each decennial census. It would (1) prohibit states from redrawing congressional districts more than once after an apportionment unless a court requires it, (2) require states to conduct redistricting through independent commissions (or, if the commission plan isn’t enacted, through the state's highest court or a federal court), and (3) provide a detailed framework for how commissions are formed, how plans are developed, and how plans move into law. The bill also creates funding to help states establish commissions, sets timelines for court involvement if the state process fails, and clarifies that the proposal does not affect how state or local elections are conducted. The measure would take effect for redistricting based on the 2030 census.
Key Points
- 1Limitation on redistricting after apportionment: A state may not undertake another Congressional redistricting after an apportionment until the next apportionment, unless a court requires it to comply with constitutional requirements or the Voting Rights Act.
- 2Independent redistricting commissions: Each state must establish an independent commission with a defined structure (chair plus equal representation from party groups tied to legislative majorities) to develop a redistricting plan; unicameral states have a tailored version. Commissions must meet in public, recruit from specific categories, and restrict certain conflicts of interest.
- 3Plan development criteria and restrictions: The commission must aim for equal population across districts, respect constitutional and Voting Rights Act requirements, maintain geographic continuity (counties, then municipalities, then neighborhoods), promote compactness and contiguity, and avoid considering incumbent residence or party affiliation (with limited exceptions for compliance with the Voting Rights Act).
- 4Legislative and court pathways: If a commission plan is not enacted, the state’s highest court may select one of the submitted plans (without modification). If the state court fails to act, a federal district court selects or develops a plan, with timelines and access to the commission’s data and records; timelines are specified for court actions.
- 5Funding and implementation: States receive payments (up to the number of Representatives times $150,000) to establish the commission and implement the plan, but only for states entitled to more than one Representative. Payments require certification that a commission (and chair) has been established. The measure also authorizes appropriations to fund these payments.