Equal Representation Act

This bill would add a new question to the 2030 U.S. Census and every census after. Each household would mark every person in the home as one of four types: a U.S. citizen; a U.S. national but not a citizen; a noncitizen lawfully in the U.S.; or a noncitizen unlawfully in the U.S. The Department of Commerce must then publish the number of people in each state for each of these four groups within 120 days after the census is finished.

It would also change how political power is divided among states. Seats in the U.S. House and each state’s Electoral College votes would be based on the number of U.S. citizens in each state, not on the total number of residents. This change would start with the results of the 2030 Census. A summary from the Library of Congress describes the same changes: adding the citizenship-status question and excluding noncitizens from the counts used for reapportionment.

• Who is affected: All households answering the census; all states (for House seats and electoral votes).
• What changes: A four-option citizenship-status question; public release of state totals by category; apportionment based on citizens only.
• When: Applies to the 2030 Census and every census after; state-by-category counts released within 120 days after each census.