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1 Overview of Redistricting Provisions in the Freedom to Vote Act (September 14, 2021 Senate Introduced Version) 1 (2021)

handle is hein.brennan/ovvredprf0001 and id is 1 raw text is: BRENNAN CENTER Overview of Redistricting Provisions in the Freedom to Vote Act' (September 14, 2021 Senate Introduced Version)2 1. Mapdrawer Current: * State law determines what entity is responsible for enacting the state's congressional plan. Changes: * None. Each state would continue to have discretion to decide what entity draws and enacts its congressional plans. Language in the version of the bill passed by the House requiring states to use independent commissions has been omitted from the current Senate bill. 2. Ban on Partisan Gerrymandering Current: * There are currently no enforceable limits on partisan gerrymandering in light of the Supreme Court's 2019 decision in Rucho v. Common Cause holding that gerrymandering claims under the Constitution are non- justiciable political questions. Changes: * Statutory Gerrymandering Ban and Cause of Action. A state would be barred by statute from using a plan if it was drawn with either discriminatory intent or effect when considered on a statewide basis.3 This claim would be broader than claims previously brought under the Constitution because discriminatory effect alone would be enough to invalidate a map. Claims could be asserted in federal court, where they would be heard by three-judge panels. Brennan Center for Justice at New York University School of Law 120 Broadway, Suite 1750 New York, NY 10271

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