The "Fair Representation Act" proposes comprehensive reforms to federal elections and congressional redistricting, asserting Congress's constitutional authority over election administration. It mandates the use of ranked choice voting for all elections for Senators and Representatives, detailing specific tabulation methods for both single-seat and multi-seat contests. States will receive federal payments to help implement this new voting system, covering costs such as equipment updates, training, and voter education. This system is set to apply to Senate elections starting in 2026 and House elections following the 2030 decennial census.

The bill also introduces significant changes to congressional district structures. States with six or more Representatives would be required to establish multi-member congressional districts, each electing between three and five Representatives, with equal population per Representative. States with five or fewer Representatives would elect all their Representatives at-large, while states with six or seven Representatives have the option to do so. These multi-member and at-large elections would utilize the mandated ranked choice voting system to ensure proportional representation.

An important exception is included: if the use of multi-member or at-large districts is found to diminish voting rights, particularly for protected groups under the Voting Rights Act, the affected state would revert to single-member districts developed by a court. The bill also sets minimum candidate requirements for general elections, depending on whether a state uses partisan nominating primaries or nonpartisan blanket primaries. These district changes are effective for the 123rd Congress and subsequent Congresses.

Furthermore, the legislation establishes stringent nonpartisan criteria for congressional redistricting, prohibiting plans drawn with the intent or effect of materially favoring or disfavoring any political party. These criteria are ranked in priority, starting with constitutional requirements like equal population and compliance with the Voting Rights Act. They also aim to ensure the ability of protected groups to elect their preferred candidates, reflect the diversity of political opinion, and manage the number of Representatives per district.

The bill explicitly bans mid-decade redistricting and prohibits considering factors like incumbent residence or political party affiliation during map drawing, except as necessary for compliance. To ensure transparency and public engagement, states must conduct an open redistricting process, including public hearings, maintaining a public website with proposed plans and data, and soliciting public input. If a state fails to enact a compliant redistricting plan by the deadline, a federal three-judge court will assume jurisdiction to develop and publish the plan.

The Attorney General and aggrieved citizens are empowered to bring civil actions to enforce these provisions, with federal courts having exclusive jurisdiction and mandates for expedited consideration. Remedies for non-compliance include court-adopted replacement plans, or allowing states to propose remedial plans if no discriminatory intent is found. These enforcement mechanisms ensure that the new redistricting criteria, applicable to the 2030 decennial census and beyond, are upheld.