H.R. 4125 — Equal Voices Act

This section designates the Act as the "Equal Voices Act" and states that Congress finds the House of Representatives has remained at 435 members since 1911—when the U.S. population was 92.2 million (1910 census)—despite growth to 331.4 million (2020 census), increasing average district size to 762,000 people (from 280,000 in 1929) and reducing relative representation (e.g., Wyoming residents have 1.3 times more representation than the national average).

This section revises the method for determining the total number of House Representatives under the 1929 Reapportionment Act from a fixed 435 (as established by the 1911 Reapportionment Act) to the total U.S. population divided by 500,000, rounded to the nearest whole odd number. (As background, the House of Representatives currently consists of 435 voting Members apportioned among the states based on each decennial census.) The section repeals the 1911 act's provisions setting the House size at 435 and applies the new formula to the first decennial census after enactment and all subsequent censuses.

This section authorizes states entitled to more than one Representative to optionally establish multi-member congressional districts (i.e., fewer districts than Representatives), amending 2 U.S.C. 2c to permit such districts in lieu of the current requirement for an equal number of single-member districts. States must ensure equal population per Representative as nearly as practicable in such districts. The amendments apply to elections following the first regular decennial census after enactment and all subsequent decennial censuses.

This section authorizes a State establishing multi-member districts for House elections under section 3 to optionally use ranked choice voting (RCV), with specified ballot design, tabulation, and ballot treatment rules. (RCV allows voters to rank candidates by order of preference; votes for eliminated candidates or vote surpluses above an election quota are transferred to voters' next preferences until candidates filling all seats reach the quota.) The section requires ballots to (1) allow uniform ranking of candidates statewide, ideally not fewer than the number of seats plus 4 (or all candidates if fewer; minimum 5 if not feasible); (2) include all qualified candidates, write-ins (to the extent permitted by State law), and instructions; (3) tabulate votes iteratively by transferring surpluses from elected candidates (at truncated transfer values after 4 decimal places) or eliminating the lowest-vote active candidate until seats are filled; and (4) exclude undervotes (no rankings), exhaust inactive ballots (exhausted rankings or multiple same-rank ties after higher ranks exhausted), but count ballots with skipped or repeated rankings for the highest active candidate. Ties are resolved by lot or State law.

This section establishes a 15-member commission if the number of House Representatives apportioned under 2 U.S.C. 2a(a)—as amended by section 2(a)—is 15% greater or lesser than under the previous decennial census. (1) The commission consists of five members appointed by the Speaker of the House, five by the House minority leader, two by the Senate majority leader, two by the Senate minority leader, and one chair elected by majority vote of the others (requiring at least two from Speaker appointees, two from House minority leader appointees, one from Senate majority leader appointee, and one from Senate minority leader appointee); (2) appointments must occur within 30 days after the President transmits the apportionment statement to Congress, prioritizing nonpartisan experts in politics and government; (3) members receive level V Executive Schedule pay and travel expenses, with the chair authorized to hire staff (capped at member pay rates) and consultants. The commission must analyze population shifts among states, the impact of the equal-proportions apportionment method on House effectiveness, and recommend an optimal number of House Members and state apportionments—considering population shifts, congressional district size disparities, and protection for historically underrepresented populations. (Thus, the commission could propose increasing or decreasing total House seats beyond the automatic apportionment.) It may hold hearings, issue subpoenas, and access services from the Architect of the Capitol, GAO, CBO, and CRS. The commission must report its recommendations to Congress within six months of census publication and then terminates.

This section authorizes appropriations to the House of Representatives and the Architect of the Capitol for the fiscal year of enactment and each succeeding fiscal year for additional space, facilities, personnel, and other resources required for the House as a result of this Act.