Safe and Fair Elections Act of 2026

(a) Definitions. For purposes of this section:

(1) Equalized population of a district. The term equalized population of a district, used with respect to a State, means the quotient of—

(A) the total population of the State; divided by

(B) the number of congressional districts apportioned to the State.

(2) Metropolitan statistical area. The term metropolitan statistical area means an area delineated by the Director of the Office of Management and Budget as a metropolitan statistical area.

(b) In general. Except as provided in subsection (d), a State shall use a congressional redistricting plan that is in compliance with the requirements of subsection (c).

(c) Requirements

(1) General criteria. Congressional districts in a State shall be drawn in accordance with all of the following:

(A) Each district shall have a population that does not have more than 0.15 percent of deviation from the equalized population of a district for the State.

(B) Districts shall consist of contiguous territory, except to the extent necessary to account for the presence of water, including any area which is surrounded by a body of water.

(C) For purposes of any metropolitan statistical area in the State, the metropolitan statistical area shall—

(i) be contained within a single district if possible without violating subparagraph (A); or

(ii) if the metropolitan statistical area has a greater population than the equalized population of a district for the State, be contained entirely within the fewest number of districts, of which all but one of such districts shall be composed entirely of area within the metropolitan statistical area.

(D) Districts shall be compact.

(E) Except as otherwise provided in subparagraph (C), districts shall provide for all of a city or town to be contained in a single district.

(F) Districts shall provide for all of a county to be contained in a single district.

(2) Prohibition on partisan intent or use of partisan data. A congressional district may not be drawn for the purpose of favoring or disfavoring a particular political party, an incumbent, or a particular candidate or using data with respect to the partisan make-up of the population of the State or a subdivision of the State.

(3) Metropolitan statistical area

(A) Multistate areas. With respect to a metropolitan statistical area that is in multiple States, only the population and area of such metropolitan statistical area that is within such State shall be considered for purposes of determining the compliance of the State with paragraph (1)(C).

(B) Formula for fewest number of districts. For purposes of determining the compliance of a State with paragraph (1)(C)(ii) with respect to a metropolitan statistical area, the fewest number of districts is a number of districts equal to the number that is—

(i) the quotient of—

(I) the population of the metropolitan statistical area; divided by

(II) the equalized population of a district for the State; and

(ii) rounded up to the nearest whole number.

(d) Exception for failure To meet full criteria

(1) In general. A State that is unable to draw a congressional redistricting plan that meets all of the criteria described in subparagraphs (A) through (F) of subsection (c)(1) shall draw the congressional districts for the State in accordance with the criteria priority described in paragraph (2).

(2) Partial satisfaction of criteria. A State described in paragraph (1) that is unable to comply with 1 or more of the criteria described in subparagraphs (B) through (F) of subsection (c)(1) for the State shall comply, as applicable, with the following:

(A) Unable to comply with subparagraph (F). Such a State that is able to draw a congressional redistricting plan that meets all such criteria except the State cannot draw all congressional districts in compliance with subparagraph (F) of such subsection shall—

(i) draw all congressional districts of the State in compliance with subparagraphs (A) through (E) of such subsection; and

(ii) for as many congressional districts as possible, draw congressional districts of the State in compliance with subparagraph (F) of such subsection.

(B) Unable to comply with subparagraphs (E) and (F). Such a State that is able to draw a congressional redistricting plan that meets all such criteria except the State cannot draw all congressional districts in compliance with subparagraphs (E) and (F) of such subsection shall—

(i) draw all congressional districts of the State in compliance with subparagraphs (A) through (D) of such subsection; and

(ii) for as many congressional districts as possible, draw congressional districts of the State in compliance with subparagraphs (E) and (F) of such subsection.

(C) Unable to comply with subparagraphs (D), (E), and (F). Such a State that is able to draw a congressional redistricting plan that meets all such criteria except the State cannot draw all congressional districts in compliance with subparagraphs (D), (E), and (F) of such subsection shall—

(i) draw all congressional districts of the State in compliance with subparagraphs (A), (B), and (C) of such subsection; and

(ii) for as many congressional districts as possible, draw congressional districts of the State in compliance with subparagraphs (D), (E), and (F) of such subsection.

(D) Unable to comply with subparagraphs (C) through (F). Such a State that is able to draw a congressional redistricting plan that meets all such criteria except the State cannot draw all congressional districts in compliance with subparagraphs (C) through (F) of such subsection shall—

(i) draw all congressional districts of the State in compliance with subparagraphs (A) and (B) of such subsection; and

(ii) for as many congressional districts as possible, draw congressional districts of the State in compliance with subparagraphs (C) through (F) of such subsection.

(E) Unable to comply with subparagraphs (B) through (F). Such a State that is unable to draw all congressional districts of the State in compliance with subparagraphs (B) through (F) of such subsection shall—

(i) draw all congressional districts of the State in compliance with subparagraph (A) of such subsection; and

(ii) for as many congressional districts as possible, draw congressional districts of the State in compliance with subparagraphs (B) through (F) of such subsection.