Current status is Referred to the Committee on the Judiciary, and in addition to the Committees on House Administration, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

119th CONGRESS

1st Session

H. R. 4125

1. Short title; findings
2. Establishment of number of Members of the House of Representatives
3. Optional use of multi-Member districts
4. Optional use of ranked choice voting by States opting to use multi-Member districts
5. Commission to recommend number of Members of the House of Representatives in event of significant population change
6. Authorization of appropriations for provision of additional space, facilities, personnel, and resources

1. Short title; findings

(a) Short title - This Act may be cited as the "Equal Voices Act".

(b) Findings - Congress finds the following:

(1) - Our Nation’s founders intended the House of Representatives to be the chamber closest to the American people: "the People’s House".

(2) - The number of Representatives in Congress has been 435 since 1911 when the U.S. population was 92,228,531 (1910 U.S. Census). The U.S. population has grown to more than three times that size to 331,449,281 in 2020 (2020 U.S. Census) while the size of the House has remained the same.

(3) - Our electorate has changed significantly since the size of the House last grew in 1911. Prior to the passage of the 19th Amendment in 1920, the Civil Rights Act in 1957, and the Voting Rights Act in 1965, women and people of color faced barriers and in some cases, legal prohibitions, to voting.

(4) - When the cap on the size of the House was statutorily set in 1929, the average Member of the House represented approximately 280,000 people, compared to approximately 762,000 people in 2020.

(5) - Based on the 2020 Census, individuals in the State with the smallest population, Wyoming, had 1.3x more relative representation compared to the national average district size.

(6) - Each Member of the House represents far more people on average than legislators in nearly all developed and developing democracies, and is an outlier among other member countries of the Organization for Economic Cooperation and Development (OECD), with nearly 3 times the citizen to representative ratio as Japan, the country with next largest district size.

(7) - Representatives who serve fewer people are more likely to have contact with their constituents, receive higher marks for their constituent service, and better reflect the views of their districts.

2. Establishment of number of Members of the House of Representatives

(a) Method for determination of number - Section 22(a) of the Act entitled "An Act to provide for the fifteenth and subsequent decennial census and to provide for apportionment of Representatives in Congress", approved June 18, 1929 (2 U.S.C. 2a(a)), is amended—

(1) - by striking "(a) On the first day" and inserting "(a)(1) On the first day";

(2) - by striking "the then existing number of Representatives" and inserting "the number of Representatives determined under paragraph (2)"; and

(3) - by adding at the end the following new paragraph:

(2) - The number of Representatives determined under this paragraph is, with respect to a regular decennial census of the population of the United States, a number equal to—

(A) - the whole number of persons in all States (as shown in the statement under paragraph (1)); divided by

(B) - 500,000,

(b) Conforming amendment - The first section and section 2 of the Act entitled "An Act For the apportionment of Representatives in Congress among the several States under the Thirteenth Census", approved August 8, 1911 (2 U.S.C. 2 note), are repealed.

(c) Effective date - The amendments made by this section shall apply with respect to the first regular decennial census conducted after the date of the enactment of this Act and each subsequent decennial census.

3. Optional use of multi-Member districts

(a) Optional use of multi-Member districts

(1) In general - At its option, a State may establish a number of districts for the election of Representatives in Congress in the State that is less than the number of Representatives to which the State is entitled, and may establish that Representatives shall be elected only from districts so established.

(2) Equal population per Representative - In establishing the number of districts under paragraph (1), the State shall ensure that districts shall each have equal population per Representative as nearly as practicable, in accordance with the Constitution of the United States.

(3) Conforming amendment - The Act entitled "An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting", approved December 14, 1967 (2 U.S.C. 2c), is amended by striking "In each State" and inserting "Except as provided in section 2(b) of the Equal Voices Act, in each State".

(b) Effective date - This section and the amendments made by this section shall apply with respect to the first regular decennial census conducted after the date of the enactment of this Act and each subsequent decennial census.

4. Optional use of ranked choice voting by States opting to use multi-Member districts

(a) Optional use of ranked choice voting - At its option, a State which establishes multi-Member districts for the election of Representatives in Congress in the State under section 3 may carry out such elections in the State under ranked choice voting as described in subsection (c).

(b) Ballot design

(1) In general - Each State shall ensure that the ballot used in an ranked choice voting election under this section meets each of the following requirements:

(A) - The ballot shall allow voters to rank candidates in order of choice.

(B) - The number of candidates whom a voter may rank in the election, as determined under paragraph (2), shall be uniform for all voters in the election within the State.

(C) - The ballot shall include all qualified candidates for the election and (to the extent permitted under State law) options for voters to select write-in candidates.

(D) - The ballot shall include such instructions as the State considers necessary to enable the voter to rank candidates and successfully cast the ballot under the system.

(2) Determination of number of candidates voter may rank - The number of candidates a voter may rank in a ranked choice voting election shall be determined as follows:

(A) - If feasible, the ballot shall permit voters to rank a number of candidates in the election which is not fewer than the number of seats in the election plus 4.

(B) - If the number of candidates in the election is less than the number of ranking provided under subparagraph (A), the ballot shall permit voters to rank a number of candidates which is not fewer than the number of candidates in the election, including write-in candidates.

(C) - If it is not feasible for the ballot to permit voters to rank as many candidates as required under subparagraph (A) or (B), the State may limit the number of candidates who may be ranked for each election on the ballot to a maximum feasible number established by the State, except that such number may not be less than 5 for any election on the ballot.

(1) Process for tabulation - In a ranked choice voting election under this section, each ballot cast in the election shall count at its current transfer value for the highest-ranked active candidate on the ballot. Tabulation shall proceed as described in paragraphs (2), (3), and (4).

(2) Election of candidates during tabulation; surplus-transfer round - If any active candidate has a number of votes greater than or equal to the election threshold, that candidate shall be designated as elected, and the surplus votes shall be transferred to other candidates as follows:

(A) - Unless paragraph (4) applies, each ballot counting for an elected candidate shall be assigned a new transfer value by multiplying the ballot’s current transfer value by the surplus fraction for the elected candidate, truncated after 4 decimal places.

(B) - Each candidate elected under this paragraph shall be deemed to have a number of votes equal to the election threshold for the contest in all future rounds, each ballot counting towards the elected candidate shall be transferred at its new transfer value to its next-ranked active candidate, and a new round shall begin.

(C) - If two or more candidates have a number of votes greater than the election threshold, the surpluses shall be distributed simultaneously in the same round.

(3) Elimination of candidates during tabulation; elimination round - Unless paragraph (2) or paragraph (4) applies, the active candidate with the fewest votes is eliminated, each vote cast on a ballot for the eliminated candidate shall be counted for the next-ranked active candidate on the ballot, and a new round shall begin.

(4) Completion of tabulation - Tabulation in the election is complete if—

(A) - the number of elected candidates is equal to the number of seats to be filled and any remaining votes in excess of the election threshold have been counted for each ballot’s next-ranked active candidate; or

(B) - the sum of the number of elected candidates and the number of active candidates is less than or equal to the number of seats to be filled at any time.

(d) Treatment of certain ballots

(1) Treatment of undervotes - A ballot which is an undervote shall not be counted in any round of tabulation of ballots in an election under this section. For purposes of this paragraph, an "undervote" is a ballot for which the voter does not rank any of the candidates in the election.

(2) Treatment of inactive ballots

(A) In general - A ballot which becomes an inactive ballot shall no longer count for any candidate for the remainder of the tabulation of ballots in an election under this section after the ballot becomes inactive.

(B) Inactive ballot defined - For purposes of this paragraph, an "inactive ballot" is a ballot on which—

(i) - all of the ranked candidates on the ballot have become inactive; or

(ii) - the voter ranks more than one candidate at the same ranking and all candidates at a higher ranking have become inactive.

(3) Treatment of skipped or repeated rankings

(A) In general - A ballot which includes any skipped or repeated ranking shall remain active and continue to be counted for the highest-ranked active candidate in an election under this section.

(B) Skipped and repeated rankings defined - For purposes of this paragraph—

(i) - a "skipped ranking" is a ranking a voter does not assign to any candidate while assigning a subsequent ranking to a candidate; and

(ii) - a "repeated ranking" is a ranking for which the voter has assigned the same candidate that the voter assigned to another ranking.

(e) Treatment of ties between candidates

(1) Resolution by lot - If a tie occurs between candidates with the greatest number of votes or the fewest number of votes at any point in the tabulation of ballots under this part and the tabulation cannot proceed until the tie is resolved, the tie shall be resolved by lot or by such other method as may be provided under State law.

(2) Resolution prior to tabulation - Prior to tabulation, the chief election official of the State may resolve prospective ties between candidates by lot or according to the method provided under State law, as described in subsection (a).

(3) Use during recount - The result of the resolution of any tie shall be recorded and reused for purposes of any recount under State law.

(f) Definitions - In this section, the following definitions apply:

(1) - The term active candidate means, with respect to any round of tabulation under this part, a candidate who has not been elected or eliminated, and who is not a withdrawn candidate.

(2) - The term election threshold means the number of votes sufficient for a candidate to be elected in a multi-seat election. Such number is equal to the total votes counted for active candidates in the first round of tabulation, divided by the sum of one plus the number of seats to be filled, then increased by one, disregarding any fractions.

(3) - The term highest-ranked active candidate means the active candidate assigned to a higher ranking than any other active candidate.

(4) - The term multi-seat election means any primary election in which more than one candidate in the primary election will advance to the general election, any special election for more than one seat, and any general election in which more than one Representative is elected at large or in a multi-member district.

(5) - The term ranking means the number available to be assigned by a voter to a candidate to express the voter’s choice for that candidate, with "1" as the highest ranking and each succeeding positive number as the next highest ranking.

(6) - The term surplus fraction means, with respect to an elected candidate as described in subsection (c), the number obtained by subtracting the election threshold from the candidate’s vote total, then dividing that number by the candidate’s vote total, truncated after four decimal places.

(7) - The term transfer value means the proportion of a vote that a ballot will contribute to its highest-ranked active candidate. Each ballot begins with a transfer value of 1. If a ballot contributes to the election of a candidate under subsection (c), the transfer value shall be the new transfer value assigned under such subsection.

(8) - The term vote total means, with respect to a candidate in a round of counting, the total transfer value of all ballots counting for the candidate in the round.

(9) - The term withdrawn candidate means a candidate who, prior to the date of the election, files or has an authorized designee file a signed letter of withdrawal from the election, in accordance with such rules as the chief election official of the State may establish.

5. Commission to recommend number of Members of the House of Representatives in event of significant population change

(a) Establishment - If, with respect to a regular decennial census of the population of the United States, the number of Representatives determined under section 22(a) of the Act entitled "An Act to provide for the fifteenth and subsequent decennial census and to provide for apportionment of Representatives in Congress", approved June 18, 1929 (2 U.S.C. 2a(a)), as amended by section 2(a), is 15 percent greater or lesser than the number of Representatives determined under such section with respect to the previous regular decennial census, there shall be established in Congress a commission to carry out the duties described in subsection (d) with respect to the apportionment of Representatives resulting from that census.

(b) Membership

(1) Appointment - A commission established under this section shall consist of 15 members appointed as follows:

(A) - 5 members appointed by the Speaker of the House of Representatives.

(B) - 5 members appointed by the minority leader of the House of Representatives.

(D) - 2 members appointed by the minority leader of the Senate.

(E) - One member who shall serve as the Chair of the Commission, who shall be appointed by the vote of a majority of the other members, of whom—

(i) - at least 2 shall be members appointed by the Speaker of the House of Representatives;

(ii) - at least 2 shall be members appointed by the minority leader of the House of Representatives;

(iii) - at least one shall be one of the members appointed by the majority leader of the Senate; and

(iv) - at least one shall be one of the members appointed by the minority leader of the Senate.

(2) Deadline for appointment - The appointing authorities under paragraph (1) shall appoint the members of the commission not later than 30 days after the President transmits to Congress the statement showing the number of Representatives to which each State is entitled under section 22(a) of the Act entitled "An Act to provide for the fifteenth and subsequent decennial census and to provide for apportionment of Representatives in Congress", approved June 18, 1929 (2 U.S.C. 2a(a)), as amended by section 2(a).

(3) Qualifications - In appointing members of the commission, the appointing authorities under paragraph (1) shall prioritize the appointment of individuals who are qualified to assess the appropriate number of Members of the House of Representatives because of their expertise or study of politics, government, and related fields, and their demonstrated ability to work in a nonpartisan manner.

(4) Vacancy - A vacancy in the commission shall be filled in the same manner as the original appointment was made.

(5) Compensation - Members of the commission—

(A) - shall be paid the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the commission; and

(B) - shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.

(1) Authority to appoint staff - The chair of the commission may appoint, prescribe the duties and responsibilities of, and fix the pay of such staff as the chair considers appropriate to assist the commission in carrying out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the rate of pay for a member of the commission.

(2) Experts and consultants - Section 202(i) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4301(i)) shall apply with respect to the commission in the same manner as such section applies with respect to a standing committee of the Senate.

(d) Duties - With respect to a regular decennial census, the commission shall carry out the following duties:

(1) - Analyzing the shifts in population among the States.

(2) - Analyzing how the application of section 22(a)(2) of the Act entitled "An Act to provide for the fifteenth and subsequent decennial census and to provide for apportionment of Representatives in Congress", approved June 18, 1929 (2 U.S.C. 2a(a)(2)), as added by section 2(a), will affect the ability of the House of Representatives to carry out its responsibilities in an effective manner.

(3) - Recommending the optimal number of Members of the House and the optimal apportionment of Members among the States, taking into account—

(A) - shifts in population among the States;

(B) - the need to reduce disparities in the size of congressional districts; and

(e) Powers

(1) Hearings and other activities - For the purpose of carrying out its duties, the commission may hold such hearings and undertake such other activities as the commission determines to be necessary to carry out its duties.

(2) Authority to use subpoenas - The commission may require by subpoena the attendance of such witnesses and the production of such books, papers, and documents, as it considers appropriate.

(3) Access to legislative branch services - The commission shall have access to the services of the Architect of the Capitol, the Government Accountability Office, the Congressional Budget Office, and the Congressional Research Service in the same manner and under the same terms and conditions as any standing committee of the House of Representatives or Senate.

(f) Report - The commission shall submit a report to Congress containing its recommendations under subsection (d)(3) not later than 6 months after the publication of the regular decennial census of the population of the United States.

(g) Termination - A commission established under this section shall terminate 30 days after submitting the report under subsection (f).

(h) Effective date - This section shall apply with respect to the second regular decennial census conducted after the date of the enactment of this Act and each subsequent decennial census.

6. Authorization of appropriations for provision of additional space, facilities, personnel, and resources

There are authorized to be appropriated to the House of Representatives and the Architect of the Capitol for the fiscal year in which this Act is enacted and each succeeding fiscal year such sums as may be necessary to provide for any additional space, facilities, personnel, and other resources for the House which may be required as the result of the enactment of this Act.

119-HR4125

Equal Voices Act