H.R. 5449 — Redistricting Reform Act of 2025

This section requires states to conduct congressional redistricting using a plan developed and enacted by an independent redistricting commission established under title II or, if no such plan is enacted, by a three-judge court under section 301 of the bill. It amends 2 U.S.C. 2a(c)—which governs the temporary manner of electing representatives from a state until that state redistricts following a decennial apportionment—by replacing "in the manner provided by the law thereof" with "in the manner provided by the Redistricting Reform Act of 2025." The requirement does not apply to (1) states with independent commissions in continuous effect that meet seven criteria—public application process; disqualifications for recent public officials, candidates, or campaign staff; conflict screening; multi-partisan composition; criteria minimizing community divisions and banning partisan favoritism; public hearings and input; and majority approval including support from each partisan and independent group; or (2) Iowa, if it continues using its existing process through the Iowa Legislative Services Agency and Temporary Redistricting Advisory Commission.

This section prohibits a state redistricted in accordance with this Act or specified provisions from redistricting again until after the next apportionment of Representatives under 2 U.S.C. 2a(a), unless required by a court to comply with the U.S. Constitution, Voting Rights Act of 1965, state constitution, or this Act. It applies enforcement remedies under section 402 of this Act to violations and takes effect with respect to redistricting conducted pursuant to the 2020 decennial census or any subsequent census.

This section establishes mandatory, ranked criteria for states' congressional redistricting plans, prohibiting use of any noncompliant plan. The criteria, in order of priority, are: (1) compliance with the U.S. Constitution, including equalizing total population; (2) compliance with the Voting Rights Act of 1965, including creation of districts enabling coalitions of two or more politically cohesive protected groups to elect representatives of choice; (3) preventing dilution of any Voting Rights Act-protected group's practical ability to nominate candidates and elect representatives of choice—assessed via factors including political cohesion, racially polarized voting, and crossover support—regardless of whether the group is a majority of the district's citizen voting age population; and (4) representing communities of interest (i.e., areas with shared ethnic, racial, economic, social, cultural, geographic, or historic identities, or socioeconomic conditions, including political subdivisions but excluding political parties or candidates) to the extent practicable, prioritizing those with greatest representational needs from inclusion in a single district. This section further prohibits redistricting plans that, statewide, intentionally or effectively materially favor or disfavor a political party, as determined by the totality of circumstances including (A) computer modeling of electoral outcomes under past statewide federal general elections over the prior eight years, (B) statistical analysis of partisan advantage under foreseeable conditions, (C) comparisons to alternative compliant plans, and (D) process transparency and support. It creates a rebuttable presumption of violation in civil actions if a timely motion is filed within 30 days of plan enactment (or this Act's effective date, if later), with a hearing required within 15 days.

This section establishes an independent redistricting commission in each state, to consist of 15 members appointed from approved selection pools divided into majority party, minority party, and independent categories. Specifically, (1) a state nonpartisan agency appoints the first 6 members (2 from each category) on a random basis by October 1 of a year ending in the numeral zero, at a public meeting held after at least 15 days' notice; (2) those 6 members then appoint 9 additional members (3 from each category) by November 15 of the same year, at a public meeting held after at least 15 days' notice, requiring an affirmative vote of at least 4 of the initial 6 members (including one from each category) and ensuring demographic and geographic diversity as well as meaningful participation by racial, ethnic, and language minorities protected under the Voting Rights Act of 1965; (3) the agency and initial appointees each designate 2 alternates per category at the time of initial appointments; (4) vacancies among agency appointees are filled randomly from designated alternates by the agency (with a new alternate designated), and vacancies among other appointees are filled from designated alternates by the initial 6 members (with a new alternate designated under the same voting rules); and (5) a member may be removed by majority vote of the remaining members upon a preponderance-of-evidence showing of ineligibility under section 202(a).

This section establishes eligibility criteria for individuals to serve on independent redistricting commissions, requiring them to be registered voters in the state who have been continuously registered with the same political party (or unaffiliated) for the three years preceding appointment and to submit detailed applications to the state nonpartisan agency attesting to their qualifications, impartiality, and lack of disqualifying actions. It specifies disqualifications during covered periods—including a 10-year period before appointment, from appointment through August 14 of the next year ending in the numeral one, and the subsequent 10-year period—for the individual or (during the first two periods) an immediate family member who holds public office, serves in partisan roles, lobbies, works for elected officials or as a government contractor, donates more than $1,000 to campaigns or political action committees, or has certain federal election or foreign agent violations. This section further directs the state nonpartisan agency to develop and submit to the state's Select Committee on Redistricting, by June 15 of each year ending in the numeral zero, a selection pool of 36 eligible individuals consisting of (1) 12 affiliated with the political party receiving the most votes in the state's most recent statewide federal election and (2) 12 affiliated with the party receiving the next most votes.

This section requires each state's independent redistricting commission to conduct an open and transparent redistricting process, including holding all meetings in public; soliciting and considering public comments and proposed maps throughout; maintaining a public website (operational by January 1 of the year ending in the numeral one) with specified features such as commission information, hearing schedules and live streams, draft and final plans, public comments and submissions, demographic data and mapping software, records, and applicant lists; accepting public comments from January 1 of the year ending in the numeral one until seven days before the final plan vote; and holding meetings and hearings in various geographic locations. The section further directs the commission (1) to provide all required notices in any language in which the state or a jurisdiction therein is required to provide election materials under section 203 of the Voting Rights Act (52 U.S.C. 10503) (i.e., jurisdictions determined to have more than 5% voting-age citizens who are members of a single language minority and limited-English proficient, among other criteria); and (2) prior to a final plan, to hold at least three public hearings (with 14 days' notice) on potential plans and the process, accept public map submissions, develop and publish a preliminary plan with responses to comments (with 14 days' notice), and post all such materials on the website and in newspapers of general circulation.

This section requires each state to establish or designate, by October 15 of each year ending in the numeral nine, a nonpartisan agency within its legislative branch to appoint members of the state's independent redistricting commission in accordance with section 201. The agency must (1) meet specified nonpartisanship criteria (i.e., provide services nonpartisanly, maintain impartiality, and refrain from advocating legislation); (2) provide initial training to commission members by January 15 of each year ending in the numeral one on obligations including the Voting Rights Act; (3) adopt and publish regulations, after notice and comment, on vetting applicants, creating selection pools, randomized selection processes, and ensuring transparency and impartiality; (4) preserve records for potential civil actions related to congressional redistricting; and (5) terminate, if newly created, upon enactment of the state's redistricting plan. This section also requires each state to establish, by January 15 of each year ending in the numeral zero, a Select Committee on Redistricting—composed of four members of the state legislature appointed by leaders of the two largest parties in each chamber (or, for unicameral legislatures, by chairs of the two largest parties based on the most recent statewide federal election)—to approve or disapprove selection pools developed by the commission under section 202.

This section directs the Comptroller General of the United States to submit to Congress, not later than May 15 of each year ending in the numeral one (e.g., 2031), a report assessing the extent to which the memberships of independent redistricting commissions for states—established under this title—met the diversity requirements of sections 201(a)(2)(B) and 202(b)(2) during the immediately preceding year ending in the numeral zero (e.g., 2030).

This section establishes deadlines for each state to enact a final congressional redistricting plan as the earliest of (1) the deadline in state law, (2) February 15 of the federal general election year, or (3) 90 days before the next federal primary election. If a state misses the deadline or appears likely to miss it, this section authorizes any state citizen to file an action in the U.S. District Court for the applicable venue (i.e., the District of Columbia or the judicial district of the state capital, as selected by the first filer), which must convene a three-judge court under 28 U.S.C. § 2284 (i.e., generally consisting of the district judge to whom the action is assigned plus two others designated by the chief circuit judge, at least one a circuit judge) with exclusive authority to develop, publish, and deem enacted the state's plan. (As background, three-judge courts under 28 U.S.C. § 2284 handle apportionment challenges and limit single-judge actions except for pretrial proceedings and temporary restraining orders.) The court must adhere to state criteria under section 103 of the bill; access state data used for redistricting; hold public hearings and consider submissions, including proposed plans; and may appoint a special master. (Thus, after public release of initial plans with data and evaluations against metrics in section 203(d), the court publishes a final plan 14 or more days later, incorporating public comments; it may issue an interim plan for imminent elections, subject to later revision; appeals follow section 402; and filing stays state proceedings unless the court orders otherwise.)

This section establishes a special rule applying section 203 to state redistricting required by a federal court after apportionment of Representatives to comply with the Constitution or the Voting Rights Act of 1965. The court may revise any deadlines in section 203 if necessary to ensure timely enactment of a new redistricting plan.

This section directs the Election Assistance Commission, subject to appropriations, to make payments not later than 30 days after a state receives its apportionment notice to each state entitled to more than one Representative, in an amount equal to $150,000 multiplied by the number of Representatives apportioned to the state. Payments must be used to establish and operate the state's independent redistricting commission, implement the state redistricting plan, and carry out congressional redistricting, and are conditioned on the state's certification to the Commission of compliance with selection processes for the state's redistricting commission (with exceptions for states with existing commissions or Iowa). This section authorizes appropriations of such sums as necessary for these payments.

This section establishes civil enforcement procedures for congressional redistricting plans alleged to violate the Constitution, federal law, or this Act. It authorizes the Attorney General or any aggrieved citizen to bring suit; requires prompt delivery of complaints to the House and Senate; vests exclusive jurisdiction in the U.S. District Court for the District of Columbia or the judicial district where the state capital is located (or solely the District of Columbia for claims under section 103(c)); mandates three-judge district courts under 28 U.S.C. §2284 for statewide claims; limits appeals to the U.S. Court of Appeals for the District of Columbia Circuit (with notice within 10 days) and subsequent Supreme Court certiorari; and requires expedited consideration at all levels. This section further specifies remedies, including court adoption of a replacement plan under section 301 (or, in limited cases without election delay or discriminatory intent, state-proposed remedial plans subject to court approval); prohibits use of noncompliant plans or election terms; requires interim plans under section 301(f) and primary election adjustments if final adjudication is not expected at least three months before the next primary; bars stays pending appeal except for abuse of discretion; and authorizes the Court of Appeals to direct a new remedial plan with special master assistance.

This section defines the term “State apportionment notice,” for purposes of this Act, as the notice sent by the Clerk of the House of Representatives to the executive of a state under 2 U.S.C. 2a(b) certifying the number of Representatives to which the state is entitled following decennial census apportionment.

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 a state establishes electoral districts.

This section establishes the effective date of the Act and its amendments as applying to redistricting carried out pursuant to the 2030 decennial census or any succeeding decennial census, except as provided in section 102.