Redistricting Commissions for Congressional Districts

Redistricting Commissions for Congressional Districts

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INSIGHTi

Redistricting Commissions for Congressional
Districts
Updated November 17, 2021
Historically, state legislatures have determined congressional district boundaries, and this remains true in
most states. The role of political actors in redistricting at times leads to concerns, by some, about
conflicting incentives, if the process is used by incumbents to help boost their parties’ electoral gains. In
recent Congresses, several bills have been introduced that could require states to use independent
redistricting commissions for U.S. House redistricting; the House has passed two such bills, H.R. 1 (117th
Congress) and H.R. 1 (116th Congress).
Some states have adopted independent redistricting commissions, which are typically composed of
members of the public and often described as bipartisan or nonpartisan, as an alternative method for
congressional redistricting. Proponents believe such commissions can prevent opportunities for partisan
gerrymandering and may create more competitive, representative districts. Others, however, have argued
that the effect of redistricting methods on electoral competitiveness is overstated and the structure of
many commissions can allow political considerations to remain. Some redistricting commissions, for
example, may not prohibit certain political officials from membership.
For congressional districts, redistricting commissions have the primary responsibility for drawing district
lines in 11 of the 44 states that were apportioned multiple U.S. House seats following the 2020 census, as
shown in Figure 1. Several states (Colorado, Michigan, New York, and Virginia) have adopted such
commissions since the 2010 census. Other states have different types of commissions associated with
congressional redistricting. Iowa, for example, uses a redistricting commission composed of nonpartisan
legislative staff and requires legislative approval to enact the maps. Maine, Rhode Island, and Utah have
advisory commissions. In Connecticut, Indiana, and Ohio, a commission can serve as a backup
redistricting method, if the state legislature is unable to agree upon a plan. A number of states also use
commissions for state legislative redistricting.
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Figure 1. State Redistricting Methods

Source: CRS compilation, based on information from Ballotpedia and the National Conference of State Legislatures.
Graphic created by Amber Hope Wilhelm, CRS Visual Information Specialist.
Notes: Iowa has nonpartisan legislative staff create its redistricting maps but requires legislative approval to enact them. In
New York, redistricting plans also require gubernatorial approval.
Recent Congressional Proposals
In the 117th Congress, several bills have been introduced containing provisions that would require states
to use independent redistricting commissions, including H.R. 1/S. 1/S. 2093, H.R. 80, H.R. 100, H.R.
3863, H.R. 4307, and S. 2670. Similar bills have been introduced in previous Congresses. Another
proposal from the 117th Congress, S. 2747, would not create this requirement for states but would provide
funding to states that engage in certain election practices, including using an independent redistricting
commission. Only one of these bills, H.R. 1, has passed either chamber in the 117th Congress to date
(agreed to by the House on March 3, 2021). Resolutions have also been introduced in recent Congresses,
but not agreed to, that would have encouraged (but not required) states to alter their redistricting
processes or adopt independent redistricting commissions.
Congressional bills that would require redistricting commissions vary in the degree of specificity used to
prescribe commission composition, processes, and timelines. Some bills provide a few basic parameters
that state redistricting commissions would be required to follow and largely allow states to determine
commission features. Other bills provide more extensive requirements for independent redistricting
commissions that would apply across states. Bills also may or may not authorize funding for states to use
for redistricting commissions. Some provisions included in congressional bills are similar to practices
used by certain states with independent redistricting commissions.
Considerations Related to Commission Features
Congress may continue to allow states to establish their own congressional redistricting processes, or
Congress may consider requiring or incentivizing states to adopt a particular congressional redistricting
method or set of criteria. Among the 18 states that have commissions associated with congressional
redistricting in some way, state practices vary in a number of aspects related to how the commissions

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operate, including details that may have implications for the degree of independence a commission has
from other political actors or from public oversight. Some of these features, described below, may be of
interest for Congress, if it is considering redistricting commission legislation.
Who Is Selected for the Commission and How?
Commission membership choices can affect how insulated the commission is from actual or perceived
political influence. In many states, an individual serving on a redistricting commission cannot participate
in certain specified political activities (e.g., serving as an elected official, political party official, or being
a registered lobbyist) immediately prior to, during, or immediately following commission service. Often,
majority and minority party legislative leaders are involved in selecting commissioners, who are chosen
in equal numbers from the two major parties. Such bipartisan commission structures may seek to balance
political or partisan interests, rather than remove them entirely from the process. States may also include
nonpartisan commissioners, or have selection methods that do not involve party leaders.
Opportunities for Public Input and Transparency
Independent redistricting commissions can sometimes be structured in ways that may make them less
publicly accountable than elected state legislatures. Ensuring transparency in redistricting commission
activities, and providing opportunities for public input, is thought by some to help establish public trust in
the process and in the legitimacy of commission-generated redistricting plans. Some states include
requirements for a certain number of public meetings; publication of redistricting plan proposals under
consideration; or the opportunity for public comments prior to the adoption of a final redistricting plan.
Criteria for a Plan
States often require that redistricting plans meet certain criteria; for more information, see CRS Insight
IN11618, Congressional Redistricting Criteria and Considerations. These criteria often include factors
like ensuring that districts comply with federal election law; have roughly equal population sizes; are
geographically contiguous and/or compact; are not designed to give advantage to a political party or
incumbent; preserve municipal boundaries; or seek to maintain communities with shared historic, cultural,
or economic interests.
Approval or Modification of Redistricting Commission’s Plan
Once a redistricting commission has created a map of congressional districts, states vary in how such a
plan may be enacted. In some states, the plan agreed upon by the commission automatically becomes the
new redistricting map. Other states require approval of the commission’s plan by the state supreme court
or legislature. States may also provide mechanisms by which the legislature can amend the commission’s
plan or may authorize the courts to determine if changes are needed.

Author Information

Sarah J. Eckman

Analyst in American National Government

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Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United
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