435 Isn’t in the Constitution — A Draft Bill for Discussion
A Signal Lantern project: A draft model bill to expand the House with a population-based formula and modern tools for representation — shared here for critique and refinement.
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Signal Lantern—The People’s Think Tank, exists to test and refine structural ideas in public. This draft is offered as a working model bill — not a finished product. The goal is to open the process so anyone can question, suggest, or adapt it.
Since 1929, the House of Representatives has been fixed at 435 seats. That number isn’t in the Constitution. It’s just a statute from almost a century ago, written when the U.S. population was one-third its size.
Today, each member speaks for about 761,000 people—nearly four times the ratio in 1910. Oversight gets thinner, campaign costs soar, and everyday voices get crowded out. The missing lawmakers are invisible but consequential.
We don’t have to accept that. Congress could change the law tomorrow.
435 isn’t in the Constitution. It’s just a 1929 law. What if we fixed that?
Our draft legislation—the Apportionment Modernization & Virtual Participation Act (AMVPA)—would:
Unfreeze the House with a simple population-based formula (the “cube-root rule”) so the chamber grows automatically as the country grows.
Keep the existing apportionment method for dividing seats among states.
Make it workable with secure, rule-bound hybrid tools for hearings and votes, plus modest chamber and committee upgrades.
Optional, modular pieces: establish baseline map-drawing transparency and criteria, and let states choose multi-member districts with ranked-choice voting to curb gerrymandering.
Soft Secession & the Missing Lawmakers
The idea of “soft secession” has been making the rounds, and it speaks to something real: states and regions stepping in where Washington falters. Decentralization and parallel systems can absolutely build resilience.
For context, see Lincoln Square's piece in The Intellectualist: The Soft Secession: How States Are Joining Together to Escape Trump’s Grip
But secession talk—soft or hard—points us toward fracture instead of repair. History shows that fracture rarely delivers freedom or stability. Repairing representation, on the other hand, strengthens both.
Expanding the House with a neutral, population-based rule is one way to do that. It doesn’t block decentralization; it makes space for it to matter more.
Smaller districts mean:
Better constituent service
Lower campaign costs
More everyday candidates able to compete
A modest correction to Electoral College imbalance
Reality Check
Yes, the hurdles are real—political, logistical, and financial. Past attempts have either set a new fixed number (like 585) or punted to study commissions. A formula avoids fighting over the number every decade.
If your district shrank from 761,000 people to 450,000, what would you expect to change?
The Model Bill
A BILL
To modernize representation in the House of Representatives by replacing the fixed cap with a population-tethered formula and by authorizing secure hybrid participation; to establish baseline redistricting integrity standards; to permit states to use multi-member districts with ranked-choice voting for the House; to facilitate independent redistricting commissions; and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
TITLE I — APPORTIONMENT MODERNIZATION & VIRTUAL PARTICIPATION ACT (AMVPA)
SEC. 101. SHORT TITLE.
This title may be cited as the “Apportionment Modernization & Virtual Participation Act” or “AMVPA.”
SEC. 102. FINDINGS AND PURPOSE.
(a) Findings. Congress finds that—
(1) the number of Representatives has remained fixed at 435 since 1929 while the population has more than tripled;
(2) districts of approximately three-quarters of a million persons weaken constituent access and oversight;
(3) a neutral, population-tethered sizing rule will restore durable proportionality and reduce the need for ad hoc adjustments; and
(4) secure, rule-bound hybrid proceedings can accommodate a larger membership without impairing constitutional prerogatives.
(b) Purpose. To replace the fixed House size with a formula keyed to national population and to authorize secure infrastructure and procedures necessary to administer an enlarged House.
SEC. 103. HOUSE SIZE DETERMINED BY FORMULA; REPEAL OF FIXED CAP.
(a) Formula. Beginning with apportionment based on the first decennial census conducted after the date of enactment, the number of Representatives shall equal the whole number nearest to the cube root of the total resident population of the United States as certified by the Census Bureau.
(b) Floor and tie-break. In no case shall the number be fewer than 435; if the calculation in subsection (a) yields a value exactly half-way between two integers, it shall be rounded up to the larger integer.
(c) Odd-member safeguard. If the resulting number is even, one additional seat shall be added to yield an odd number of voting Members.
(d) Conforming repeal. Any provision of law fixing the total number of Representatives at 435, including contrary text in section 22 of the Act of June 18, 1929 (46 Stat. 21) as codified, is hereby repealed or amended to conform with this title.
(e) Method unchanged. Apportionment among the several States shall continue under the Method of Equal Proportions as provided in section 22 of the Act of June 18, 1929, as amended, and related provisions of title 2, United States Code.
SEC. 104. TRANSITION; EFFECTIVE DATES.
(a) Default. The formula in section 103 applies beginning with apportionment based on the 2030 decennial census, unless a later census is the first conducted after enactment.
(b) Optional early implementation. By joint resolution, Congress may direct an interim apportionment using the most recent decennial census; any additional seats shall be filled at the next regularly scheduled general election, and—until redistricting occurs—may be elected at-large or from temporary districts as provided by State law consistent with 2 U.S.C. § 2c as amended by Title III of this Act.
(c) No effect on Senate or State offices. Nothing in this title affects elections for the Senate or for State or local offices.
SEC. 105. RULEMAKING RECOGNITION; HOUSE OPERATIONS.
(a) Rulemaking. Pursuant to Article I, section 5 of the Constitution, nothing in this title shall be construed to limit either House’s authority to determine the Rules of its Proceedings, including rules governing authenticated electronic voting, hybrid debate, proxy procedures, or quorum determinations.
(b) House operations plan. The Chief Administrative Officer (CAO), Sergeant at Arms (SAA), and Architect of the Capitol (AOC) shall, within 12 months of enactment, submit to the Committees on House Administration and Appropriations a plan to—
(1) reconfigure the existing chamber seating and voting flow to accommodate the adjusted House size;
(2) expand and equip committee rooms; and
(3) deploy secure telepresence and authenticated electronic voting systems consistent with section 106.
(c) Certified remote participation rooms. The CAO may certify secure rooms in federal or state public buildings for official committee-level participation by Members under House rules. Such rooms are not additional “chambers” and shall not substitute for in-person attendance where House rules require it.
SEC. 106. SECURITY & INTEGRITY STANDARDS (NO BLOCKCHAIN REQUIRED).
(a) Identity and authentication. Member identity proofing and authentication for any electronic participation shall meet applicable NIST Special Publication 800-63 (or successor) assurance levels, with hardware-backed multi-factor credentials.
(b) Cryptography. Communications and vote-capture systems shall use FIPS 140-3–validated cryptographic modules (or successor), with tamper-evident logging and independent audit. Distributed-ledger/cryptocurrency systems shall not be used for official vote casting.
(c) System design. Implement end-to-end verifiable logs, segregation of duties, incident response, and continuous monitoring. Proprietary third-party platforms may not be used for official vote casting absent CAO certification and security audit.
(d) Scope by rule. The House may limit the scope of remote capabilities by rule, including requiring in-person presence for specified floor actions.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to carry out this title, including Member Representational Allowances, personnel, facilities, security, and technology.
TITLE II — REDISTRICTING INTEGRITY STANDARDS (FEDERAL BASELINES)
SEC. 201. PURPOSE; RULE OF CONSTRUCTION.
(a) Purpose. To establish minimum, content-neutral rules for the manner of electing Representatives under Article I, section 4.
(b) Construction. States retain discretion to adopt stricter standards and institutional choices consistent with this title and with Federal law, including the Voting Rights Act of 1965.
SEC. 202. BASELINE CRITERIA FOR CONGRESSIONAL DISTRICTS.
In enacting plans for the election of Representatives, each State shall adhere to the following, to the maximum extent practicable and consistent with the Voting Rights Act:
(1) Equal population. Districts shall be as nearly equal in population as practicable.
(2) Contiguity. Each district shall be contiguous.
(3) Compactness. Districts shall be reasonably compact as measured by one or more established metrics stated on the record.
(4) Communities of interest. Where consistent with paragraphs (1)–(3), districts shall respect communities of interest and political subdivisions, minimizing unnecessary divisions of counties, municipalities, or tribal areas.
(5) Anti-favoritism. Plans shall not be drawn with the intent or effect of unduly favoring or disfavoring a political party or incumbent, taking into account statewide political geography and neutral performance metrics disclosed on the record.
(6) Voting rights. Plans shall comply fully with the Constitution and the Voting Rights Act of 1965, including protections against vote dilution for racial, language-minority, and other protected classes.
SEC. 203. TRANSPARENCY AND PUBLIC PARTICIPATION.
(a) At least 5 public hearings shall be held in geographically diverse locations (or virtually with statewide access), with multilingual access where appropriate.
(b) States shall publish data, draft maps, scoring methods, and code used to evaluate plans; accept public map submissions; and provide written responses to substantive comments.
(c) All communications with outside map-drawing consultants shall be disclosed and preserved.
SEC. 204. JUDICIAL REMEDIES AND TIMELINES.
(a) Any person aggrieved may bring a civil action for declaratory or injunctive relief in a court of competent jurisdiction.
(b) If a State fails to enact a compliant plan by the statutory deadline, a court shall appoint a special master to draw an interim plan consistent with this title.
(c) Remedies shall respect election administration timelines and prioritize continuity of representation.
TITLE III — MODERN DISTRICT OPTIONS (AMENDMENT TO 2 U.S.C. § 2c)
SEC. 301. PERMISSIVE MULTI-MEMBER DISTRICTS WITH RANKED-CHOICE VOTING.
(a) Amendment. Section 2c of title 2, United States Code, is amended to read as follows:
Ҥ 2c. Districting for Representatives; options
(a) Default rule. In each State entitled to more than one Representative, Representatives shall be elected from single-member districts established by law.
(b) Optional multi-member districts with proportional ranked-choice. A State may, by law, provide that some or all Representatives be elected from multi-member districts using a proportional ranked-choice voting method that—
(1) yields proportional seat allocation reflecting voter preferences;
(2) complies with the Constitution and the Voting Rights Act of 1965;
(3) uses district magnitudes not exceeding 5 seats, unless a higher magnitude is necessary to avoid vote dilution of a protected class; and
(4) provides clear, voter-verifiable ballots and tabulation rules published in advance.
(c) Statewide or at-large elections. Nothing in this section permits statewide at-large elections for all seats where doing so would violate the Voting Rights Act or this title.
(d) Regulations. The Election Assistance Commission may issue voluntary guidance on best practices for proportional ranked-choice voting and voter education.”
(b) Conforming references. Any reference in Federal law to single-member districts for the House shall be construed consistent with this section.
TITLE IV — COMMISSION PATHWAYS; FEDERAL FALLBACK
SEC. 401. COMMISSION OPTION AND MINIMUM STANDARDS.
(a) Option. A State may satisfy Title II by adopting a truly independent redistricting commission to draw congressional districts.
(b) Minimum standards. A commission shall—
(1) include balanced membership selected through a transparent process with randomized final selection from qualified pools;
(2) exclude, for a period of 6 years prior to service, partisan elected officials, candidates, party officers, lobbyists, and major contractors;
(3) conduct its work in public meetings with records preserved; and
(4) adopt plans meeting Title II criteria.
(c) Approval. Commission-adopted plans shall become law without further legislative or gubernatorial approval, or as otherwise provided by State law consistent with this title.
SEC. 402. FEDERAL FALLBACK.
If a State does not adopt a plan meeting Title II by the deadline set in State law or, absent such a law, within 90 days of receipt of apportionment data, a three-judge court in that State shall select a compliant plan from submissions by parties or a court-appointed special master.
SEC. 403. GRANTS AND TECHNICAL ASSISTANCE.
(a) The Election Assistance Commission (EAC) shall administer grants to States to implement Titles II–IV, including translation, public outreach, mapping technology, and training.
(b) Authorization of appropriations: such sums as may be necessary.
TITLE V — GENERAL PROVISIONS
SEC. 501. NO EFFECT ON SENATE OR STATE ELECTIONS.
Nothing in this Act shall be construed to regulate elections for the United States Senate or for State or local offices.
SEC. 502. SEVERABILITY.
(a) Title-by-title severability. If any provision of Titles II, III, or IV, or the application thereof, is held invalid, or is removed by amendment, the remainder of this Act and the entirety of Title I shall not be affected.
(b) Independent survivability of Title I. Title I shall be fully severable and shall remain in effect notwithstanding the invalidation, repeal, or removal of any other title or provision of this Act.
SEC. 503. EFFECTIVE DATES.
(a) Title I takes effect upon enactment; section 103 applies as provided in section 104.
(b) Titles II–IV apply to the first redistricting cycle beginning after the next apportionment following enactment and to any subsequent remedial redistricting required by law.
-End of bill.-
We Want Feedback
This is a working draft of a model bill, not a final manifesto. We’re posting it to invite critique, questions, and suggestions.
Do you see fatal flaws in the math or mechanics?
What guardrails or amendments would make you support it?
Are the optional fair-maps provisions the right scope, or better saved for another bill?
If “soft secession” feels like the only path, what would it take to make fixing representation feel like a real alternative?
Drop your thoughts in the comments and share this post with friends and colleagues.
Want to Learn More about Signal Lantern?
If you’d like to be part of Signal Lantern’s work — testing drafts like this one, offering research, or proposing new projects — reach out. Every contribution helps sharpen the signal. Contact: signal_lantern@outlook.com
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