Equal Representation Act

The Equal Representation Act would, in three parts, reshape how the decennial census is conducted and how numbers from the census are used to determine political representation. First, it would require a citizenship status checkbox on the census questionnaire starting with the 2030 census, allowing respondents to indicate whether each person in the household is a U.S. citizen. It also would require the Census Bureau to publish, within 120 days after each census, state-by-state counts split between citizens and noncitizens. Second, it would change how Representatives are apportioned by removing noncitizens from the count used for apportionment, effectively basing the House allocation only on citizens. The changes would take effect starting with the 2030 census. A severability clause ensures the rest of the act could stand if any provision is struck down. In short, the bill would (1) add a citizenship question to the census and publish citizen-vs-noncitizen data, (2) exclude noncitizens from the population counts used to determine House seats (and related Electoral College impact) starting with the 2030 census, and (3) include a severability clause. The overall aim is to tie political representation more closely to citizens rather than all residents, with significant potential political and legal consequences.