CLEAN Elections Act
- Sponsor
- Rep. Fitzpatrick, Brian K. [R-PA-1]
- Committees
- Judiciary Committee (primary)
- Last action
- Jan 3, 2025
Bottom line
This bill seeks to eliminate partisan gerrymandering by requiring states to adopt independent nonpartisan redistricting commissions for both federal and state electoral maps.
What it actually does
This bill mandates that states use independent nonpartisan commissions for congressional redistricting, starting with the redistricting carried out pursuant to the 2020 decennial census. It also conditions the receipt of federal election administration funds on states adopting similar independent commissions for their state legislative districts. The core aim is to remove partisan influence from the drawing of electoral maps.
Proponents argue
Proponents argue that independent redistricting commissions are essential to reduce partisan gerrymandering, leading to more competitive elections, increased voter engagement, and a more representative democracy. They contend that such commissions foster fairer maps that reflect community interests rather than political self-preservation or incumbent protection.
Opponents contend
Opponents might argue that this bill represents an unconstitutional federal overreach into a traditional state power, infringing on states' rights to manage their own electoral processes. They may also contend that defining "nonpartisan" is inherently difficult and that even independent commissions can be influenced by political considerations or simply shift partisan advantage rather than eliminate it.
The bill is very short and clearly written, allowing for a quick read and ample time for detailed consideration of its implications.
Section 2(a)(1)
Mandate for Independent Commissions in Congressional Redistricting
This provision requires every state to conduct congressional redistricting using a plan developed by a nonpartisan independent redistricting commission. This requirement is retroactive, applying to redistricting carried out pursuant to the 2020 decennial census and all subsequent cycles.
Supporters argue
Supporters argue this provision is crucial for ending partisan gerrymandering at the federal level, leading to more competitive elections and districts that better reflect the demographic and political composition of states, thereby strengthening democratic representation.
Critics contend
Critics may argue this is an unconstitutional federal intrusion into state sovereignty, as the Constitution grants state legislatures the primary role in establishing election rules. They might also question the federal government's authority to dictate the specific mechanism for state-level redistricting, particularly retroactively.
Tradeoffs
This provision balances the desire for fairer elections and reduced partisan influence against concerns about federal overreach and traditional state control over electoral processes.
Section 2(a)(2)
Condition on Federal Funds for State Legislative Redistricting
This provision stipulates that a state may not use federal funds provided for election administration purposes unless it certifies to the Election Assistance Commission (EAC) that it conducts redistricting for its own state legislative districts using a plan developed by a nonpartisan independent redistricting commission. This applies to redistricting carried out after the bill's enactment.
Section 2(b)
Definition of Nonpartisan Independent Commission
This section defines what constitutes a "nonpartisan independent commission" for the purposes of the Act. It requires that the number of commission members affiliated with the state's largest political party must be equal to the number of members affiliated with the second largest political party. Additionally, no member of such a commission can be an elected public official.