The Fair Representation Act is a proposed law that seeks to change how elections are held by introducing ranked choice voting for U.S. Senators and Representatives and requiring the use of multi-member districts in some states. It also aims to enforce nonpartisan rules for drawing congressional district boundaries and includes various provisions to ensure these changes are implemented effectively without affecting state and local elections.

Congress believes it has the authority to make rules about how states should handle redrawing congressional districts and running elections for Congress. This is based on powers given by the Constitution, including Article I, Section 4, and the Fourteenth Amendment, which allow Congress to set election guidelines and address issues like unfair districting.

The bill amends the Help America Vote Act of 2001 to require ranked choice voting for electing Senators and Representatives in Congress. It describes how ballots should be designed and counted, outlines the process for resolving ties, and provides funds to states for implementing ranked choice voting, including voter education.

In this section, the bill mandates the use of ranked choice voting for electing U.S. Senators and Representatives, allowing voters to rank candidates by preference. It outlines the design and requirements of ballots, such as permitting voters to rank a specified number of candidates and including options for write-in candidates.

The section describes the rules for counting votes in congressional elections. For single-seat elections, the process involves counting each vote for the top choice candidate and eliminating the one with the fewest votes until two candidates remain, who then face a final tally. For multi-seat elections, votes are counted similarly, but candidates who meet a set vote threshold can be elected before the process continues for other seats. The section also explains how to handle ballots that don't rank candidates, have inactive candidates, or contain skipped or repeated rankings.

In the event of a tie in an election, the law allows for the tie to be resolved by drawing lots or using another method specified by state law. This process can occur during the tabulation of votes, before tabulation starts, or during a recount if needed.

In this section, various terms related to elections are defined. These include definitions for "active candidate," "election threshold," "highest-ranked active candidate," "multi-seat election," "ranking," "single-seat election," "surplus fraction," "transfer value," "vote total," and "withdrawn candidate," each of which is explained to clarify their role in the election process.

The section outlines that by June 1, 2025, the Commission will provide funds to each state to help implement ranked choice voting, based on the number of registered voters and costs involved. These funds should be used to implement ranked choice voting, educate voters, and handle election-related tasks, without affecting other federal payments the state may receive for election purposes.

In SEC. 341, the bill clarifies that states are not required to hold primary elections for Senators or Representatives before the general election date. Instead, candidates are chosen using a system of ranked choice voting based solely on the general election votes.

In this section, a "Representative" is defined to include Delegates or Resident Commissioners in Congress. Additionally, it specifies that the rules of this subtitle apply to the Commonwealth of the Northern Mariana Islands just like they do to any U.S. state.

The section changes the enforcement rules of the Help America Vote Act of 2002 by updating the reference from specific sections to the entire Title III of the Act.

This section specifies when the rules in this title take effect. It states that the rules apply to elections for Senators starting in 2026 and to elections for Representatives after the 2030 census and every election that follows.

In states with six or more congressional representatives, this section requires that the state create voting districts with fewer districts than representatives, meaning each district elects multiple representatives. Each district must have a population as equal as possible and elect between three and five representatives.

In this section, states with five or fewer Representatives in Congress must elect all their Representatives at large, while those with six or seven Representatives have the option to do so. The rules are based on the apportionment following the decennial census as per the Act approved on June 18, 1929.

The section outlines rules for how states should ensure a minimum number of candidates advance from primary to general elections for Representatives. For states with partisan primaries, they must nominate candidates based on district size or the number of primary candidates, allowing political parties to decide for multi-seat elections. For states with nonpartisan blanket primaries, at least five candidates or double the number of seats being contested must advance. States without primary elections elect all seats on the general election date.

In Section 204, several amendments are made to previous laws regarding the election and apportionment of Representatives in Congress. These amendments specify that certain provisions of these laws are subject to exceptions outlined in title II of the Fair Representation Act.

If a state cannot use ranked choice voting, this section requires that in elections with multiple winners, a method must be used to ensure a candidate or party wins a seat if they secure votes equal to a specific calculated share, which is based on the total votes divided by the number of seats plus one, with an additional vote added.

If a court finds that using multi-member or at-large districts in a state reduces voting rights due to race or color, this bill section allows the court to create a new redistricting plan without such districts and ensures that other election requirements, like ranked choice voting, still apply.

The Effective Date section states that this title and any changes made by it will start applying from the 123rd Congress and for every Congress after that.

A state cannot use a congressional redistricting plan if it does not follow the rules outlined in section 303.

A state that has already been redistricted according to this law cannot be redistricted again until the next census-based apportionment of Representatives, unless a court demands it to ensure compliance with the U.S. Constitution, the Voting Rights Act, or this law's conditions.

The section outlines the rules for creating voting districts within a state, emphasizing that districts must align with the U.S. Constitution and the Voting Rights Act, ensure fair representation without favoring any political party, and take into account community interests. Additionally, it prohibits considering the location of political candidates or voting history in district formation, and insists on using only the criteria specified within the section to develop redistricting plans.

The section outlines the procedures for developing a congressional redistricting plan, emphasizing public involvement and transparency. It requires the use of a dedicated website to share proposed plans, gather public comments, and provide access to related data and tools, all of which must be searchable and available in multiple languages. Public hearings must be held before and after releasing plans, and a written evaluation of the plans against specific criteria must be available 48 hours prior to any voting.

Each state must create a congressional redistricting plan by a certain deadline, but if they fail to do so, a court will take over the task, using public input and possibly appointing a special master to help. If the court can't finalize the plan in time, they can implement a temporary plan until the final version is ready, and any state court proceedings are paused while the federal court handles the case.

The section outlines the rules for civil enforcement regarding congressional redistricting. It grants individuals and the Attorney General the right to file lawsuits if a state's redistricting plan violates federal laws or the Constitution and details the court procedures, including expedited review and remedies, while ensuring compliance with the Voting Rights Act of 1965.

The rule states that this part of the law and its related changes will be used for redistricting based on the census that happens in 2030 and every 10 years after that.

Section 401 clarifies that nothing in this Act or its amendments will change how states conduct their elections for state or local offices, including how they draw electoral districts.

If any part of this Act or its amendments is found to be unconstitutional, the rest of the Act and its applications will remain valid and unaffected.