What Does The Fair Representation Act Do?

What Does The Fair Representation Act Do?

The Fair Representation Act is a proposed federal statute to change elections for Members of Congress. Beginning in 2022, representatives would be elected by proportional ranked choice voting in primary and general elections. Members would be elected in multi-winner districts of up to five seats, with districts being drawn by independent redistricting commissions. Senators would also be elected by ranked choice voting.

The bill consists of three core components:

    1. Multi-member districts 

    2. Ranked Choice Voting

    3. Requirements for congressional redistricting

Multi-Winner Districts in States with More Than 1 Seat

The Fair Representation Act repeals the single-winner district mandate (2 U.S.C. 2c) and replaces it with a multi-winner district mandate applicable to all states that elect more than one Representative. 

Ranked Choice Voting for Primaries and the General Election

The Fair Representation Act requires that primary and general elections for both Representatives and Senators be held with ranked choice voting. The goal of this system is to maximize the number of voters who help elect a candidate.

Requirements for congressional redistricting

The Fair Representation Act requires that any state drawing multi-winner districts must create an independent redistricting commission to adopt its district map.

  1. compliance with the U.S. Constitution; 

  2. consistency with the Voting Rights Act;  

  3. providing racial, ethnic and language minorities an equal opportunity to participate in the political process and to elect candidates of choice;

  4. no district can be completely safe for one political party (based on prior presidential vote totals); 

  5. as few districts as possible should elect 4 candidates (to avoid frequent 2-2 splits); 

  6. as many districts as possible should elect 5 candidates (to maximize proportionality); 

  7. as few districts as possible will divide any community of interest, municipality, county or neighborhood.


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