Cohen Introduces Legislation to Depoliticize Redistricting Process

[WASHINGTON, DC] – Congressman Steve Cohen (TN-09), Ranking Member of the House Judiciary Subcommittee on the Constitution and Civil Justice, today introduced the John Tanner Fairness and Independence in Redistricting (FAIR) Act to take the decennial congressional district apportionment process, which often leads to partisan gerrymandering, out of the hands of the state legislatures and gives it to an independent redistricting commission.

"The President of the United States has said our elections are ‘rigged.' When it comes to the drawing of Congressional districts, he may well be right," said Congressman Cohen. "In most states, districts are drawn by the state legislature, and as a result, whichever party controls the state legislature ends up drawing Congressional districts specifically designed to maximize the number of Congressional seats that party can win. It's time to take partisan politics out of the redistricting process, and that is what this bill does."

The FAIR Act was championed for many years by former Tennessee Congressman John Tanner. Beginning after the 2020 Census, the FAIR Act would require each state to use an independent and transparent congressional redistricting commission. The commission would be charged with creating a redistricting plan that emphasizes geographical contiguity and compactness of districts rather than political affiliations or the impact a district's lines may have on incumbent representatives.

The state legislature and the governor may approve or reject the commission's plan, but may not amend it. If the governor does not sign a plan, the commission may then forward its plans to the state's highest court. The court may select one, but may not make any amendments. If the state court is unable to select a plan, the federal district court would then develop and publish a final redistricting plan. The bill also prohibits a state from redistricting until after the next Census unless it is under court order to do so.