Problem Solvers Independent Commissions Act

(a) Criteria. The independent redistricting commission of a State shall develop a redistricting plan for the State in accordance with the following considerations:

(1) Ensuring that districts each have equal population per Representative as nearly as practicable, in accordance with the Constitution of the United States.

(2) Ensuring that no congressional district in the State is drawn to discourage competition, or for the purpose of favoring or disfavoring an incumbent, a particular candidate, or a particular political party.

(3) Ensuring that districts are contiguous to the greatest extent possible.

(4) To the greatest extent practicable, ensuring the preservation of pre-existing political subdivisions, including counties and municipalities.

(5) To the greatest extent practicable, maintaining compact districts.

(b) Solicitation of public input in development of plans. The commission shall solicit and take into consideration comments from the public in developing the redistricting plan for the State by—

(1) holding meetings in the State Capitol of the State that shall also be made available live on a publicly accessible government website of the State at which members of the public may provide input; and

(2) otherwise soliciting input from the public through such methods as the commission determines appropriate.

(c) Requiring all meetings To be open to public. Except as necessary for the protection of information pertaining to pending litigation or other legally protected matters, the commission shall hold each of its meetings in public.

(d) Process for enactment of final redistricting plan

(1) In general. Prior to developing and publishing a final redistricting plan under paragraph (2), the independent redistricting commission of a State shall develop and make publicly available a preliminary redistricting plan and solicit public input as described in subsection (b) on the preliminary redistricting plan.

(2) Final plan. After taking into consideration comments from the public under subsection (b) and paragraph (1), at any time after the expiration of the 30-day period which begins on the date the commission makes the preliminary plans available to the public under paragraph (1), the independent redistricting commission of a State shall develop and publish a final redistricting plan for the State.

(3) Enactment. The final redistricting plan developed and published under this subsection shall be deemed to be enacted into law upon the expiration of the 30-day period which begins on the date on which—

(A) such final plan is approved by at least two-thirds of the whole membership of the commission; and

(B) at least two-fifths of the members of the Commission from each of the categories of the approved selection pool described in section 3(a) vote to approve such final plan.

(4) Publication of plan and accompanying materials. As soon as practicable after the enactment of a final redistricting plan under paragraph (2), the commission shall make available to the public all data and research relied upon to develop such plan, including the following:

(A) The final redistricting plan, including all relevant maps and draft maps.

(B) A report by the commission to accompany the plan which provides the background for the plan and the commission’s reasons for selecting the plan as the final redistricting plan, including how the plan satisfies each of the considerations under subsection (a).

(C) Demographic and election data used.

(D) Mapping software and methodologies.

(E) Consultant reports.

(F) Communications with outside parties and constituents.

(G) Public submissions.

(H) Email correspondence between commissioners.

(I) Meeting recordings.

(J) An algorithmic bell curve of the average outcome of a fair redistricting process.

(e) Restriction on outside communication. Members of the commission of a State may not engage in private communications regarding any proposed maps under this section with any elected officials, political parties, lobbyists, or outside advocacy organizations.

(f) Special process if no final plan selected. If a redistricting plan developed by the independent redistricting commission of a State is not enacted into law under subsection (d) by the date that is 30 days before the deadline in the State for a candidate to file to run for office, the existing congressional districts shall remain in place in the State for a period of not more than 8 weeks and, if after such period has ended, the commission has not enacted into law a final redistricting plan under subsection (d), the highest court of the State may appoint two special masters to develop and publish a final redistricting plan for the State consistent with the criteria described in subsection (a), but in no case may the State legislature of the State have a role in determining a final redistricting plan under this subsection.

(g) Judicial challenges to final redistricting plan. The highest court of each State shall have jurisdiction to hear and determine claims asserting that the final redistricting plan of the State violates the requirements of this Act or State law.

(h) Removal

(1) In general. At any time, a civil action brought in a State court which asserts a claim for which the district courts of the United States have exclusive jurisdiction under this section may be removed by any party in the case, including an intervenor, by filing, in the district court for an applicable venue under this section, a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure containing a short and plain statement of the grounds for removal. Consent of parties shall not be required for removal.

(2) Claims not within the original or supplemental jurisdiction. If a civil action removed in accordance with paragraph (1) contains claims not within the original or supplemental jurisdiction of the district court, the district court shall sever all such claims and remand them to the State court from which the action was removed.

(i) Termination. The independent redistricting commission of a State shall terminate on the day after the date of the first regularly scheduled general election for Federal office which occurs after the chief executive of the State receives the State apportionment notice.