Revised Proposed Constitutional Amendment: The Fair Electoral Districts and Voter Integrity Amendment
Amendment XXVIII
Section 1: Proportional Representation and County-Based Districting
To prevent gerrymandering, ensure fair representation, and account for population distribution, all states shall draw electoral districts for the United States House of Representatives, state legislatures, and any other bodies elected through district-based systems in accordance with the following:
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The partisan composition of districts shall be determined based on the most recent voter registration data, aggregated at the state level. For each major political party (defined as any party with at least 5% of statewide registered voters), the number of districts likely to favor that party—based on historical voting patterns, demographic data, and non-partisan simulations—shall approximate the party’s share of registered voters, within a margin of no more than 5 percentage points.
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Where the population of a single county exceeds the population required for one representative in the relevant legislative body (based on the state’s apportionment for the U.S. House or state legislative districts), the county shall be divided into as many districts as necessary to ensure each district’s population does not exceed the population required for one representative. Such divisions shall be as compact as possible while adhering to the proportionality requirement and other criteria herein.
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Districts shall prioritize compactness, contiguity, respect for political subdivisions (such as counties and municipalities, except where division is required under this section), and compliance with the Voting Rights Act of 1965, while achieving the proportionality requirement.
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Redistricting shall be conducted by independent, non-partisan commissions established by state law, consisting of equal numbers of representatives from major political parties and independent citizens, with no current elected officials or party leaders permitted to serve. These commissions shall use publicly available data and transparent processes, including public hearings and open-source mapping software.
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Any redistricting plan must be approved by a supermajority vote of the commission (at least two-thirds) and shall be subject to judicial review for compliance with this section.
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Any voter registered in the state may file a challenge to a redistricting plan in federal or state court on grounds of non-compliance with this section, including failure to achieve proportionality, improper county division, or adherence to other criteria. The state shall be responsible for all legal fees associated with such challenges, including the challenger’s legal costs, regardless of the outcome, to ensure access to justice and prevent financial barriers to enforcement.
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Challenges to district maps on grounds of non-proportionality or improper county division may be brought in federal court, with the burden of proof on the state to demonstrate compliance.
Section 2: Mandatory Maintenance of Voter Rolls
To ensure the accuracy and integrity of elections, each state shall maintain and update its voter registration rolls on a monthly basis.
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Updates shall include, at minimum:
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Removal of deceased individuals, based on cross-references with vital records and the Social Security Death Index.
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Removal or inactivation of voters who have moved out of the jurisdiction, based on postal change-of-address records, driver’s license updates, and interstate voter registration compacts.
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Verification of eligibility for new registrations and existing voters, including citizenship status where required by law.
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Purging of inactive voters only after notification and a waiting period of at least two federal election cycles, in compliance with the National Voter Registration Act of 1993.
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States shall utilize secure, automated systems for these updates, with safeguards against erroneous removals, including opportunities for voters to contest changes.
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The United States Election Assistance Commission shall oversee compliance, providing guidelines, audits, and federal funding to support implementation. Non-compliance may result in withholding of federal election-related funds or enforcement actions by the Department of Justice.
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Monthly reports on voter roll changes shall be made publicly available on state election websites, including aggregate statistics on additions, removals, and reasons therefor, to promote transparency.
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Any voter registered in the state may file a challenge in federal or state court to contest improper voter roll maintenance, including erroneous removals or failures to update rolls as required. The state shall be responsible for all legal fees associated with such challenges, including the challenger’s legal costs, regardless of the outcome, to ensure access to justice and prevent financial barriers to enforcement.
Section 3: Enforcement and Implementation
Congress shall have the power to enforce this article by appropriate legislation. This Amendment shall take effect one year after ratification, allowing states time to establish necessary commissions and systems.
Rationale and Notes
This revised amendment incorporates the new mandate that counties with populations exceeding the size required for one representative must be divided into smaller districts, each not exceeding the population for one representative, while maintaining compactness and proportionality. This ensures large counties (e.g., Los Angeles County, CA, with a population far exceeding one congressional district) are split appropriately to prevent overrepresentation or dilution of voter influence. The proportionality requirement tied to voter registration party percentages and the voter roll maintenance provisions remain unchanged, as does the provision for voters to challenge redistricting or voter roll issues with state-covered legal fees. If implemented as a federal law instead of an amendment, this could be adapted into a statute like the “Fair Districts and Voter Integrity Act,” but a constitutional amendment ensures broader applicability and permanence across federal and state electoral processes.