H.R. 4632 — Fair Representation Act

This section requires each state to conduct elections for Senators and Representatives using ranked choice voting (RCV)—under which voters rank candidates by order of preference and ballots are tabulated in successive rounds—except as provided in section 205 of the Fair Representation Act. It mandates single-seat RCV for single-seat elections and Senatorial elections, under which the candidate with the fewest votes is eliminated in each round until one receives a majority; and multi-seat RCV for multi-seat elections, under which candidates exceeding an election threshold are elected and surpluses transferred, with lowest-vote candidates eliminated until seats are filled. The section further requires ballots to (1) allow uniform rankings for all voters (ideally seats plus 4, all candidates if fewer, or at least 5 if infeasible); (2) include all qualified candidates, write-ins to the extent permitted by state law, and instructions; and (3) treat undervotes and other ballots per specified rules.

This section makes this title and its amendments applicable to (1) elections for Senator held in 2026 or any subsequent year and (2) elections for Representative held pursuant to the reapportionment following the 2030 decennial census and all subsequent elections.

This section requires states entitled to six or more Representatives under 2 U.S.C. 2a(a)—except as provided in section 202(b)—to establish multi-member congressional districts numbering fewer than the state's total Representatives, with all Representatives elected only from those districts. In doing so, states must ensure equal population per Representative as nearly as practicable and limit each district to three to five Representatives.

This section requires states entitled to five or fewer Representatives under the apportionment method of equal proportions (2 U.S.C. 2a(a)) to elect all such Representatives at large. It permits states entitled to six or seven Representatives under such apportionment to elect all such Representatives at large at the state's option. (Thus, overriding current law allowing elections from existing districts until redistricting (2 U.S.C. 2a(c)), these rules apply to small-delegation states such as Alaska, Delaware, North Dakota, South Dakota, Vermont, and Wyoming (one Representative each) and Montana (two Representatives).)

This section establishes minimum requirements for the number of candidates advancing to the general election for the office of Representative from state-conducted primaries. (1) In states using partisan nominating primaries, each political party must nominate a number of candidates equal to the lesser of the number of Representatives to be elected from the district or the number of candidates in that party's primary (with parties permitted to determine the number advancing in multi-seat primaries). (2) In states using nonpartisan blanket primaries (i.e., open primaries where all candidates appear on a single ballot regardless of party and top vote-getters advance without regard to party), at least the greater of five candidates, twice the number of Representatives to be elected from the district, or a greater state-established number must advance. (3) States holding no primaries before the federal general election date (i.e., the Tuesday after the first Monday in November in even-numbered years under 2 U.S.C. 7) must elect all Representatives at that general election.

This section makes conforming amendments to four statutes governing congressional apportionment and elections by inserting an exception for title II of the Fair Representation Act as follows: (1) in rules for electing Representatives prior to state redistricting after reapportionment; (2) in rules establishing each state's number of Representatives; (3) in the requirement that each congressional district elect one Representative; and (4) in rules for nominating Representatives at large.

This section prohibits winner-take-all elections for House seats in at-large or multi-winner districts electing more than one Representative if a state cannot use ranked-choice voting under subtitle C of title III of the Help America Vote Act of 2002, as added by section 101. States must instead use an election method ensuring election of any candidate, party, or slate receiving votes equal to or greater than the Droop quota (i.e., total votes divided by one plus the number of seats to be filled, then increased by one, disregarding fractions).

This section establishes an exception from this title's requirements for elections in a state based on a congressional redistricting plan—resulting from a decennial census—that uses multi-member or at-large districts and that a court determines, in an action under section 306, will deny or abridge voting rights on account of race or color or contravene Voting Rights Act language minority protections (52 U.S.C. 10303(f)(2)). In such cases, subject to section 306(c), the court must develop and publish a remedial redistricting plan for the state that complies with title III and contains no multi-member districts. This section does not waive other bill requirements applicable to the state, including ranked choice voting under title I.

This section prohibits a state that has been redistricted in accordance with this title from redistricting again until after the next apportionment of House seats under 2 U.S.C. 2a(a) (i.e., following the next decennial census), unless required by a court to comply with the Constitution, the Voting Rights Act of 1965, or this title. (Thus, states generally may redistrict only once per decade.)

This section establishes ranked criteria, in order of priority, for state congressional redistricting plans. (1) Districts must comply with the U.S. Constitution, including equalizing total population without regard to age, citizenship status, or immigration status. (2) Districts must comply with the Voting Rights Act of 1965 and all applicable federal laws. (3) Districts must, to the extent warranted by the totality of circumstances, avoid diluting the ability of Voting Rights Act-protected groups—alone or in coalition—to nominate candidates and elect representatives of choice, considering the group's political cohesion, racially polarized voting in the area, and sufficient crossover support for the group's preferred candidates. (4) To the extent practicable, districts must reflect the state's diversity of political opinion, prohibiting any district electing exactly 3 Representatives where one party's presidential nominee received at least 75% of the vote in the district area in 2 of the 3 most recent presidential elections, any district electing exactly 4 Representatives where that threshold is 80%, or any district electing exactly 5 Representatives where it is 83%. (5) To the greatest extent practicable, states must minimize the number of districts electing 4 Representatives. (6) To the greatest extent practicable, states must maximize the number of districts electing 5 Representatives. (7) After complying with criteria (1)-(6), districts must, to the extent practicable, represent communities of interest—defined as areas with demonstrated shared interests or needs based on ethnic, racial, economic, Indian, social, cultural, geographic, or historic identities or socioeconomic conditions (including political subdivisions but excluding party or candidate relationships)—prioritizing those whose representational needs most benefit from district inclusion. This section further prohibits redistricting plans, considered cumulatively statewide, from materially favoring or disfavoring any political party due to intent or effect. Such effect is determined by the totality of circumstances, at minimum including (A) computer modeling of probable outcomes in the prior 8 years' statewide federal general elections under foreseeable conditions; (B) statistical analysis of statewide partisan advantage or disadvantage and its persistence; (C) comparison to alternative compliant plans showing lower partisan skew; and (D) other relevant information such as plan support and process transparency within the redistricting entity.

This section establishes requirements for the entity responsible for developing and adopting a state's congressional redistricting plan to ensure public input and transparency. Specifically, it directs the entity to (1) use an open process with public comments and widest dissemination of plans; (2) maintain a public, nonpartisan website with proposed and final plans, public comments, demographic data, map-drawing software, and a comment submission method—all in searchable format; (3) provide all required notices in any language in which the state or jurisdiction must provide election materials under section 203 of the Voting Rights Act (52 U.S.C. 10503) (i.e., bilingual materials in jurisdictions where more than 5% of voting-age citizens in a single language minority are limited-English proficient, among other criteria); (4) hold hearings before and after releasing proposed plans in different state regions, streamed live online, to enable input from all including racial, ethnic, and language minorities protected under the Voting Rights Act; (5) post proposed plans, amendments, and data for public review at least five days before any vote or hearing; (6) release a written evaluation of each proposed plan against external metrics—including Voting Rights Act impacts on protected citizens' ability to elect candidates of choice, communities of interest, and compliance with other criteria—at least 48 hours before any vote; and (7) post all public comments on potential plans online at no cost at least 24 hours before a final adoption vote.

This section requires each state to enact a final congressional redistricting plan by the earliest of (1) its state law deadline, (2) February 15 of the year of regularly scheduled federal general elections, or (3) 90 days before the next federal primary election. If a state misses this deadline or appears likely to, any citizen may file in the applicable U.S. district court (District of Columbia or the judicial district of the state capital, selected by the first filer), which, through a three-judge court convened under 28 U.S.C. §2284, must develop and publish the plan deemed enacted upon publication. In developing the plan, the court must (1) adhere to state criteria under §303, (2) access state data used or to be used, (3) hold public hearings and consider submissions including proposed plans, and (4) appoint a special master; it must publicly release initial plans with data and evaluations for 14 days of comment before finalizing. The section further authorizes interim plans if needed for upcoming elections (with discretion to revise for the final plan), subjects appeals to §306 procedures, and stays state court proceedings upon filing unless ordered otherwise.

This section establishes civil enforcement procedures for congressional redistricting plans alleged to violate the Constitution, federal law, or this title. It authorizes the Attorney General or any aggrieved person—including, for partisan gerrymandering claims under section 303(b), political parties, committees, or affected-district voters—to bring suit in U.S. district court, with complaints delivered to congressional leadership; prohibits monetary damages except for attorney's fees; vests exclusive jurisdiction in specified district courts (U.S. District Court for the District of Columbia or the judicial district of the state capital, as chosen by plaintiff); requires three-judge district courts under 28 U.S.C. §2284 for statewide claims; directs appeals exclusively to the U.S. Court of Appeals for the District of Columbia Circuit sitting en banc (with Supreme Court certiorari review); and mandates expedited proceedings at all levels. The section further specifies remedies, requiring a district court finding a violation to adopt a replacement plan under section 305 or, in non-discriminatory-intent cases without election delay, to review a state-proposed remedial plan; prohibits use of noncompliant plans or election terms; and, if final adjudication is not expected at least three months before a state's next House primary, requires an interim plan under section 305(f) for likely-successful claims or adjustments to primary dates and deadlines.

This section provides that nothing in this Act or its amendments affects the manner in which a state conducts elections for state or local office, including the process by which the state establishes electoral districts.

This section establishes a severability clause, providing that if any provision of the Act or its amendments, or its application to any person or circumstance, is held unconstitutional, the remainder of the Act and its applications remain in effect.