H.R. 10380

Problem Solvers Independent Commissions Act

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Sec. 3. Independent Redistricting Commission

(a) Composition of commission. Each State shall establish an independent redistricting commission composed of an equal number of members (but not fewer than one) from each of the following categories:

(1) Members affiliated with the political party with the greatest number of seats in the State legislature.

(2) Members affiliated with the political party with the second greatest number of seats in the State legislature.

(3) Members not affiliated with any political party described in subparagraph (A) or (B).

(b) Eligibility. An individual is eligible to serve as a member of the independent redistricting commission of a State if—

(1) the individual is a United States citizen;

(2) as of the date of appointment, the individual—

(A) is registered to vote in elections for Federal office held in the State, and was registered to vote in elections for Federal office held in the State for at least 3 years prior to such appointment without changing the political affiliation of such registration; or

(B) voted in at least 3 consecutive primary elections for Federal office held in the State for a candidate affiliated with the same political party;

(3) neither the individual nor the spouse or family member of the individual held public office or ran as a candidate for election for public office, or served as an employee of or paid consultant for a political party or candidate for election for public office, at any time during the 3-year period preceding the date of appointment; and

(4) the individual certifies that the individual will not run as a candidate for the public office in the State for not less than 3 years after the date the individual no longer serves on the commission.

(c) Additional consideration. To the extent practicable, the membership of the independent redistricting commission of a State under this section shall reasonably reflect the geographic, demographic, and socioeconomic diversity of the State.

(d) Deadline. Each State shall establish an independent redistricting commission under this section not later than 60 days after the date on which the chief executive of a State receives the State apportionment notice.

(e) Selection of members

(1) In general. With respect to the members of a independent redistricting commission in a State described under subsection (a), the members shall be selected from individuals who apply through an open application process, which shall include a random mailing of applications distributed to a meaningful number of registered voters in the State.

(2) Random selection of applicant pool. With respect to applicants for the independent redistricting commission of a State described in paragraph (1), each State shall select applicants on a random basis to be included in an initial selection pool, which shall consist of an equal number of individuals from each of the categories described in subsection (a).

(3) Removal of certain applicants. Legislative leaders in the legislature of a State may, from each of the categories described in subsection (a), strike not more than 20 percent of the applicants from their respective partisan pool described in paragraph (2).

(4) Final selection of members. After any removals made under paragraph (3), members of the independent redistricting commission of a State shall be randomly selected from the remaining eligible applicants selected under paragraph (2).

(f) Training requirement. Each member selected for the independent redistricting commission of a State under subsection (e) shall complete training developed and provided by the State on redistricting law, mapping criteria, ethics, and public engagement before beginning the map-drawing process.

(g) Removal of members of an independent redistricting commission

(1) In general. Members of the independent redistricting commission of a State may be removed only by an affirmative vote of at least two-thirds of the members of the commission on the basis of a grounds for removal described in paragraph (2).

(2) Grounds for removal. A member of an independent redistricting commission may be removed under paragraph (1) only on the basis of—

(A) a felony conviction involving dishonesty, deceit, fraud, or a breach of the public trust that occurred while the individual was serving on the commission;

(B) an ethics violation;

(C) repeated unexcused absences, incapacity, or dereliction of duty; or

(D) a conflict of interest.

(3) Vacancy. In the event that a member of an independent redistricting commission of a State resigns or is removed under this subsection, an individual from the applicant pool of the State described in subsection (e)(2) and from the same category described in subsection (a) as the member who resigned or was removed shall be randomly selected to fill such vacancy.

(h) Staff; consultants. Any technical experts, legal counsel, consultants, or such other staff as the independent redistricting commission of a State may appoint shall be under the supervision and oversight of the commission and may not be directed by the legislature of the State.

(i) Sense of Congress with respect to resources of an independent redistricting commission. It is the sense of Congress that each State should—

(1) provide the independent redistricting commission of the State with such resources and funding as the commission may require to carry out its duties under the Constitution and this Act; and

(2) ensure that members of the independent redistricting commission receive adequate compensation during their term of service on the commission.