Bills
| 3.23.22

Should States Have to Use Independent Redistricting Commissions? (H.R. 219)

Do you support or oppose this bill?

What is H.R. 219?

(Updated June 19, 2019)

This bill would restrict congressional redistricting in states before 2020 — requiring all states to create an independent redistricting commission to divide and assign Representatives. The bill aims to keep state legislatures from gerrymandering — the practice of drawing or manipulating congressional districts to favor a political party or economic class. 

The independent redistricting commissions for each state would be required to hold their meetings in public and have a publicly available website to publish proposals and data. Commissions would be responsible for developing redistricting plans and submitting them to the legislature after giving public notice seven days before submission.

The state legislature could approve or reject the commission’s plan but would be prohibited from amending it. If a state’s governor doesn’t sign a plan by November 1st of the year before a congressional reapportionment, the commission could pass its plans along to the state’s highest court. If the state court fails to select a plan, the federal district court would be responsible for developing a final redistricting plan.

States would be prohibited from redrawing their districts' boundaries at any time except during the reapportionment that coincides with the Census. Exceptions to this rule would be made if a court orders a state to review its districts to comply with the U.S. Constitution or enforce the Voting Rights Act of 1965.

Argument in favor

Gerrymandering blatantly manipulates voting districts to serve political interests. Independent commissions in each state would take redistricting out of the hands of politicians and make elections more competitive to actually serve the people.

Argument opposed

If the people of a state want to avoid gerrymandering, they’ll encourage reform with the way that they vote, and the representatives they elect. It isn’t the federal government’s place to mandate that states use a certain method of redistricting.

Impact

Voters in every state, state legislators, independent redistricting commissions, state courts, federal courts, and governors.

Cost of H.R. 219

A CBO cost estimate is unavailable.

Additional Info

In-Depth: This particular piece of legislation has been introduced in every Congress since the 109th, which covered the years 2005 and 2006. Former Rep. John Tanner (D-TN) sponsored it from the 109th until the 111th Congress, and former Rep. Heath Shuler (D-NC) introduced the legislation in the 112th Congress.

In recent years, Rep. Steve Cohen (D-TN) has taken up the cause, introducing this bill in the 113th and 114th Congress. In a press release, Rep. Cohen said that: 

“It’s time to take politics out of the redistricting process. Congress is so polarized today that we’re unable to find common ground on the major issues facing our country. Instead of solving our nation’s problems, Congress is just kicking the can down the road and waiting until the next election for answers. I believe that if we eliminate the gerrymandering of districts we will help get more accomplished for our country.”

Of Note: Currently there are 13 states that rely on independent commissions to do their redistricting. Three more have advisory commissions to assist the legislature, and another five have backup commissions to draw district boundaries if the legislature fails to meet a deadline.

Arizona’s independent redistricting commission was the subject of a Supreme Court challenge by state legislators who argued that the U.S. Constitution reserves the right to determine the when, where, and how of Congressional elections. In a 5 to 4 ruling, the Supreme Court sided with the redistricting commission — thus allowing it to continue drawing federal election boundaries. The ruling is especially noteworthy, because a day after the ruling the Supreme Court took up another case involving the Arizona's commission's districts for state elections.


Media:

Summary by Eric Revell
(Photo Credit: Flickr user paytonc)