H.R.158 - Citizen Legislature Anti-Corruption Reform of Elections Act; CLEAN Elections Act (119th Congress)
Summary
H.R.158, also known as the CLEAN Elections Act, aims to reform congressional redistricting by requiring states to use independent, nonpartisan commissions. This bill mandates that states conduct congressional redistricting based on plans developed by these commissions, starting with the redistricting following the 2020 census. Furthermore, it incentivizes states to apply the same standard to state legislative districts by conditioning federal election administration funds on this practice.
The bill defines a nonpartisan independent commission as one where the two largest political parties have an equal number of members, and no members are elected public officials. This is designed to reduce partisan influence in drawing electoral district boundaries.
Ultimately, the goal is to promote fairness and reduce gerrymandering in both congressional and state legislative districts.
Expected Effects
The primary effect of this bill would be to shift the power of drawing congressional and state legislative district lines from state legislatures to independent commissions. This change aims to create more competitive elections and reduce the influence of partisan politics in redistricting.
States that do not comply with the independent redistricting requirement for state legislative districts could lose federal funding for election administration. This provision could incentivize states to adopt independent commissions for both congressional and state-level redistricting.
If successful, this bill could lead to more representative districts and reduce the potential for one party to maintain an unfair advantage through gerrymandering.
Potential Benefits
- Reduced Gerrymandering: Independent commissions are less likely to draw districts that heavily favor one party over another.
- Increased Competitiveness: Fairer district lines can lead to more competitive elections, giving voters a greater voice.
- Enhanced Representation: More representative districts can better reflect the will of the people.
- Greater Public Trust: Nonpartisan commissions can increase public confidence in the fairness of the electoral process.
- Reduced Political Polarization: By reducing partisan influence in redistricting, the bill could help to decrease political polarization.
Potential Disadvantages
- Potential for Gridlock: Commissions with equal representation from the two major parties could face gridlock, making it difficult to agree on a redistricting plan.
- Loss of State Control: Some states may resist federal mandates regarding redistricting, viewing it as an infringement on their sovereignty.
- Unintended Consequences: The definition of 'nonpartisan' may not fully eliminate political influence, and unintended biases could still affect the outcome.
- Implementation Challenges: Establishing and managing independent commissions can be complex and costly.
- Legal Challenges: The bill could face legal challenges from states arguing that it infringes on their constitutional rights related to elections.
Constitutional Alignment
The Constitution grants states the power to manage their own elections, as outlined in Article I, Section 4. However, Congress also has the power to regulate federal elections. This bill attempts to balance these powers by incentivizing states to adopt independent redistricting commissions, rather than directly mandating it for state legislative districts.
The bill's requirement for congressional redistricting aligns with the principle of fair representation, which is implicit in the structure of the House of Representatives (Article I, Section 2). By promoting nonpartisan redistricting, the bill seeks to ensure that each state's congressional districts are drawn in a manner that accurately reflects the state's population and political diversity.
However, the condition placed on federal election administration funds could be viewed as an overreach of federal power into state affairs, potentially raising Tenth Amendment concerns.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).