H.R. 1—the For the People Act—mandates significant changes to states’ congressional redistricting processes beginning with the post-2020 census redistricting in 2021. Under H.R. 1, a state’s congressional redistricting plan must be approved by a 15-member independent redistricting commission. The first six Commissioners are randomly chosen from a 36-member Selection Pool, and those six Commissioners then appoint the final nine. If a state does not form the required commission, a federal three-judge court will draw the district lines. I along with my colleague and Fellow at the New York Law School, Nicholas P. Stabile, have drafted this quick timeline for what a state would need to do in 2021 to avoid having a federal court draw the state’s congressional map.
First, the bill requires each state to establish three entities:
- the Independent Redistricting Commission;
- a “Nonpartisan Agency” to administer the process of selecting Commissioners; and
- a four-member “Select Committee on Redistricting” (to approve the selection pool. Its members are appointed by legislative leadership.)
Below is the 2021 timeline/deadlines that your state would have for establishing the necessary entities and developing a final congressional map. These 2021 deadlines vary slightly from the 2030 timeline and beyond because of the more compressed timeline in 2021 due to census data delays and the timing of the bill.
Note: This chart is based on the bill as amended in the House on March 3. The bill was passed on the House floor and is now in the Senate, where it could potentially be amended further.
JUNE 1, 2021
The State must Establish or Designate the Nonpartisan Agency.
The nonpartisan agency will conduct the citizen commissioner selection process. If a State fails to establish or designate a nonpartisan agency, a federal three-judge panel draws the map.
JUNE 15, 2021
Deadline for Legislative Leaders to Appoint the 4-member Select Committee on Redistricting.
The role of the select committee is to approve the initial selection pool(s) of qualified commissioner candidates. If the Commission is not appointed, a federal three-judge panel draws the map.
JULY 15, 2021
Deadline for the Nonpartisan Agency to Submit the Initial Selection Pool.
36 candidates (comprised of 12 voters in 3 pools; two pools comprised of members from the two major parties in the state and one pool of unaffiliated voters) will be presented to the select committee along with a report explaining why each candidate was selected. The public comment period also begins.
JULY 29, 2021
End of the Public Comment Period
AUGUST 1, 2021
Deadline for the Select Committee to Accept or Reject the Initial Selection Pool
If the selection committee rejects the initial pool, a federal three-judge panel draws the map.
AUGUST 5, 2021
Deadline for the Nonpartisan Agency to Appoint the First Six Commissioners
The agency must select members at a public meeting on at least 15 day’s notice, and randomly select commission members as well two alternates from each selection pool.
AUGUST 15, 2021
Appointment of Final 9 Commissioners
The initial 6 commissioners must hold a public meeting and select the remaining 9 commissioners (3 from each pool) and 2 alternates for each pool.
AUG 15 –NOVEMBER
During this period the commission must:
- Provide training to commissioners regarding the Voting Rights Act;
- Publish a website and take public comments;
- Hold at least 2 public hearings prior to publishing a preliminary plan (the commission must give 14 days’ public notice for hearings);
- Receive public comment on a preliminary plan for a 30 day [period; and
- Publish a final plan after at least 2 public hearings.
NOVEMBER 15, 2021
DEADLINE FOR APPROVAL OF FINAL PLAN
The commission must hold a public meeting for the vote to approve the final plan. (the commission must give 15 days’ public notice for the hearing). If the commission fails to approve a final plan, a federal three-judge panel draws the map.
While this article focuses on the timeline for the three main entities involved, the bill’s provisions impose a significant amount of other requirements for a state, including additional criteria for maps, public hearings, reports, commissioner qualifications, prisoner reallocation, and administrative approval from the U.S. Department of Justice for congressional maps. You can read further about these requirements here.
