August 13, 2026
Mr. Gallagher introduced the following bill; which was referred to the Committee on the Judiciary
To prohibit States from dividing documented communities of interest into multiple congressional districts, and for other purposes.
Section 1. Short title
This Act may be cited as the Representation Act
.
Sec. 2. Communities of interest preserved in redistricting
(a) State requirements
(1) Identification of communities of interest
Prior to any congressional redistricting conducted by a State, the entity responsible for developing congressional redistricting plans in the State shall—
(A)
identify and document communities of interest within such State, which may be provided in accordance with State law;
(B)
accept and publish each proposed community of interest submitted by a resident of such State; and
(C)
consider adding each such proposed community of interest to the communities of interest documented under subparagraph (A).
(2) Prohibition on division of communities of interest
A congressional redistricting conducted by a State may not divide a community of interest documented under paragraph (1)(A) into multiple congressional districts unless such division is necessary—
(A)
to ensure that congressional districts in such State have substantially equal populations as required by law;
(B)
to comply with the requirements of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.); or
(C)
to preserve another community of interest in a single congressional district.
(3) Publication of information
Not later than the date a congressional redistricting plan in a State is finalized, the entity responsible for developing congressional redistricting plans in the State shall make publically available—
(A)
a written justification for any instance where a community of interest documented under paragraph (1)(A) is divided into multiple congressional districts;
(B)
a description of the process used to consider adding proposed communities of interest under paragraph (1)(C); and
(C)
in the case that a community of interest documented under paragraph (1)(A) is divided into multiple congressional districts under paragraph (2)(C), an explanation as to—
(i)
why the division was required to preserve the other community of interest in a single congressional district; and
(ii)
why the preserved community of interest was prioritized over the divided community of interest.
(b) Causes of action
(1) Divided community of interest
An individual who resides in a community of interest documented under subsection (a)(1)(A) that has been divided into multiple congressional districts in a State may bring a claim against the State in any district court of the United States for enforcement of the prohibition in subsection (a)(2).
(2) Failure to add proposed community of interest
An individual who resides in a proposed community of interest submitted under subsection (a)(1)(B) that has not been documented under subsection (a)(1)(A) in a State may bring a claim in any district court of the United States against the entity responsible for developing congressional redistricting plans in the State for—
(A)
a declaratory judgment that such entity failed to consider such proposed community of interest as required in subsection (a)(1)(C);
(B)
an order requiring such entity to consider such proposed community of interest as required in subsection (a)(1)(C); and
(C)
if the proposed community of interest is not documented under subsection (a)(1)(A) following such consideration, an order requiring publication by such entity of a justification for the decision not to document such proposed community of interest.
(c) Assistance to States
The Election Assistance Commission shall develop and make available to States standards and tools for mapping communities of interest.
(d) Community of interest defined
In this section, a community of interest
means a geographically connected population with shared cultural, historical, economic, or social characteristics, including language, education patterns, religious affiliation, or civic identity.