Fair Representation Act
A BILL
To establish the use of ranked choice voting in elections for Senators and Representatives in Congress, to require each State with more than one Representative to establish multi-member congressional districts, to require States to conduct congressional redistricting according to nonpartisan criteria, and for other purposes.
Sec. 2 Finding of constitutional authority
Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out congressional redistricting after an apportionment of Members of the House of Representatives and in administering elections for the Senate and House of Representatives because—
the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Senators and Members of the House of Representatives;
the authority granted to Congress under section 5 of the Fourteenth Amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number; and
the authority granted to Congress under section 5 of the Fourteenth Amendment to the Constitution gives Congress the power to enact laws to enforce section 1 of such amendment, including protections against excessive partisan gerrymandering that Federal courts have not enforced because they understand such enforcement to be committed to Congress by the Constitution.