for Representatives at large Section 5 of the Act entitled An Act For the apportionment of Representatives in Congress among the several States under the Thirteenth Census , approved August 8, 1911 ( 2 U.S.C. 5 ), is amended by striking Candidates for Representative and inserting Except as provided in title II of the Fair Representation Act, candidates for Representative . 205. Prohibition on winner-take-all elections If, for any reason, a State cannot use ranked choice voting under subtitle C of title III of the Help America Vote Act of 2002, as added by section 101, then in any election held at large or in a multi-winner district in which more than one Representative will be elected, all Representatives shall be elected using an election method that ensures the election of any candidate or any party or slate of candidates who earns a number of votes equal to or greater than the total votes counted for all candidates, divided by the sum of one plus the number of seats to be filled, then increased by one, disregarding any fractions.. 206. Exception for States in which use of multi-member or at large districts will result in diminishment of voting rights (a) Exception If, in an action brought under section 306, the court determines that the use of multi-member or at large districts by a State, as set forth in the congressional redistricting plan of a State with respect to the apportionment of Representatives resulting from a decennial census, indicates that the redistricting plan will deny or abridge the right to vote by having the effect of diminishing the ability of any citizens of the United States on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2) of the Voting Rights Act of 1965 ( 52 U.S.C. 10303(f)(2) ), to elect their preferred candidates of choice— (1) this title shall not apply with respect to any election held in the State which is based on the apportionment of Representatives to which such redistricting plan would apply