Summary of SB 804 (Fair Maps Act) — North Carolina, 2025 Session
Purpose and intent
- SB 804 proposes a constitutional and statutory overhaul to establish an independent redistricting process for drawing electoral maps for the North Carolina General Assembly and U.S. Congress.
- The bill creates the North Carolina Citizens Redistricting Commission to prepare, review, and adopt final redistricting plans, with the General Assembly and Governor excluded from revising districts during redistricting cycles.
- It also introduces a comprehensive framework of criteria, procedures, and public participation to guide redistricting after each decennial census.
Key provisions and changes
Constitutional amendments (Section 1)
- Rewrites Article II, Sec. 3 (Senate districts) and Sec. 5 (Representatives) to require an independent process for redistricting, to be established per Section 25 of Article II.
- Adds a new Sec. 25 (Redistricting) mandating an independent process to revise electoral districts for Congress and the General Assembly after each decennial census.
- Core requirements for the independent process (Sec. 25):
- Neither the General Assembly nor the Governor may revise congressional or General Assembly districts.
- Each district must aim for equal representation (roughly equal population per district).
- Districts must be contiguous.
- Once established, districts remain in place until the next decennial census.
- Adopted districts have the force and effect of acts of the General Assembly.
Voting on constitutional amendments (Section 1(e)-(f))
- Amendments to the Constitution would be submitted to voters at the November 2026 general election.
- If voters approve, the amendments become effective upon certification (Section 1(f)).
Creation and operation of the North Carolina Citizens Redistricting Commission (Article 1B, added to Chapter 120)
- § 120-4.55: Establishment and eligibility
- The Commission will consist of 15 members.
- Eligibility criteria emphasize non-partisanship, prior non-affiliation with public office, and restrictions on relatives of current lawmakers and certain political actors.
- Applicants must disclose relationships and meet strict conflict-of-interest standards (no recent political funding, no current or recent public office, etc.).
- § 120-4.55: Selection process
- A multi-step process involving the State Auditor, the State Ethics Commission, and a pool of up to 60 applications submitted to the General Assembly.
- Diversity considerations and party-affiliate balance are incorporated into candidate pools.
- Leadership selections and strike processes by Senate/House leaders determine final candidate pool.
- § 120-4.55: Composition and terms
- The Commission will be composed of 15 members with staggered terms beginning July 1 of years ending in zero, serving 10-year terms.
- § 120-4.55: Chair and operations
- The Chair rotates quarterly on a random schedule; no two chairs in the same six-month period may share the same party/affiliation.
- Open meetings, public records, and strict confidentiality rules apply to meetings to maintain independence.
- § 120-4.60: Staff
- Commission staff housed in the Legislative Services Office but hired independently; staff staffing is designed to maintain party balance and independence.
- § 120-4.65: Open meetings and records
- Public records and open meetings rules apply, with enhanced transparency requirements (14 days’ notice for meetings, etc.).
- § 120-4.70: Redistricting criteria
- Primary criteria: equal population representation, compliance with constitutional and federal law, and preservation of minority voting rights.
- Population deviation targets: legislative districts within ±5% of ideal; congressional districts within 0.1% of ideal.
- Contiguity, minimizing splits of communities of interest (prioritizing municipalities, precincts, then counties), and avoidance of considering electoral results or partisan considerations.
- Incumbent protection is not to be considered; residency is not a factor in district design.
- Emphasis on compactness and keeping communities intact where possible.
- § 120-4.75: Adoption of redistricting plans
- Procedures for adopting preliminary, proposed, alternate, and final plans, with voting thresholds depending on the composition of the Commission.
- If gridlock occurs, a special master may be appointed to draft a plan, following a defined appointment process and timelines.
Public input and reporting (Section 1(g))
- § 120-4.80: Public input
- At least 25 public hearings (minimum), including at least one in each metro/urban area.
- Requirements for meaningful public engagement: ample review time, multiple comment methods (in person, online, mail), accessible data (machine-readable), mapping tools available at libraries, and timely responses to public input.
- Final plans must include a published evaluation addressing minority voting impact, preservation of communities of interest, plan rationale, metropolitan area impact, and public input summaries.
- A dedicated public website will host data, plans, meeting records, and feedback.
Local redistricting (Section 1(g))
- § 120-4.85: Local redistricting
- The General Assembly may assign the Commission to prepare district plans for local jurisdictions upon request.
Interim/short-term provisions (Section 1(h))
- For pre-2030 redistricting, the Commission’s term is adjusted to run from January 1, 2027, to June 30, 2030.
Conforming changes (Part II)
- Aligns existing statute with the independent process framework, including rules governing judicial review of redistricting orders, timeframes for remedying defects, and limits on the State Board of Elections’ authority to substitute plans, except as court-imposed or legislature-enacted plans.
Estimated timeline and process
- If constitutional amendments pass (November 2026), the independent process would commence in 2027.
- The Commission’s internal timeline provides a structured sequence of hearings, plan releases, public input periods, and final plan adoption no later than October 1 following the federal census, with detailed interim steps (data receipt, preliminary plan release, hearings, final adoption windows).
- A potential special master timeline is specified if normal Commission processes fail to produce a plan by the standard deadlines.
Affected parties and impact
- Citizens: Expanded public participation and access to redistricting data; potential changes in how electoral districts are drawn.
- General Assembly and Governor: Excluded from revising districts under the independent process.
- North Carolina Citizens Redistricting Commission: New, 15-member body with defined eligibility, appointment, governance, and funding mechanisms.
- Local governments: Possible delegation of redistricting duties to the Commission for local districts upon request.
- Elections administration: Revised rules for plan adoption and court remedy periods, affecting how plans are implemented and adjusted.
Overall, SB 804 aims to replace legislative control over redistricting with an independent, publicly transparent commission guided by strict criteria to produce fair, contiguous, and balanced electoral districts after each census.
