Fair Representation Act

Fair Representation Act

This bill requires ranked-choice voting (a system in which voters rank candidates in order of preference) in certain federal elections and requires the use of multi-member districts in certain states. It also outlines criteria for congressional redistricting and generally prohibits mid-decade redistricting.

Specifically, the bill requires states to use ranked-choice voting in elections for Senators and Members of the House of Representatives. The Election Assistance Commission must make payments to states to implement ranked-choice voting.

The bill generally requires (1) that states entitled to six or more Representatives establish districts such that three to five Representatives are elected from each district, and (2) that states entitled to fewer than six Representatives elect all Representatives on an at-large basis.

The bill also sets forth criteria for congressional redistricting, including by (1) requiring congressional districts to comply with the U.S. Constitution and the Voting Rights Act of 1965, and (2) prohibiting the use of a redistricting plan that was drawn with the intent (or has the effect of) materially favoring or disfavoring any political party.

The bill creates judicial remedies if a state fails to enact a final congressional redistricting plan. In particular, if a state fails to enact such a final plan by the applicable deadline, then a three-judge district court shall have the exclusive authority to develop and publish the congressional redistricting plan for the state.

The bill also includes a provision to prevent states from redistricting more than once following an apportionment (i.e., mid-decade redistricting).