Equal Representation Act
Sponsored By: Senator Bill Hagerty
Introduced
Summary
This bill would add a citizenship checkbox to the decennial census and change how seats are counted by using citizen-only population counts. It ties apportionment and Electoral College totals to those citizen counts starting with the 2030 census.
Show full summary
- Households: The census questionnaire used in 2030 and every decennial census thereafter would include a checkbox for each person to indicate U.S. citizenship.
- States and elections: Apportionment would exclude noncitizens when assigning Representatives and Electoral College votes, applying to the apportionment based on the 2030 census and later censuses.
- Data and legal effects: The Secretary must publish state totals disaggregated by citizens and noncitizens within 120 days after each census is completed. The bill includes a severability clause to keep other provisions in force if part is found unconstitutional.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 0 costs, 2 mixed.
Census adds citizenship question
This bill would require the Census Bureau to add a citizenship checkbox starting with the 2030 census. The Census would ask about citizenship for every household member. The Secretary would publish state counts of citizens and noncitizens within 120 days after each decennial census. Noncitizen households could worry about privacy or avoid the census. Researchers and governments would get new citizenship-disaggregated data.
Noncitizens excluded from apportionment
If enacted, the bill would stop counting noncitizens when allocating House seats and Electoral Votes. The change would apply starting with apportionment based on the 2030 census and every decennial census after. States with more citizens could gain Representatives or Electoral Votes. States with large noncitizen populations could lose seats or Electoral Votes.
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Sponsors & CoSponsors
Sponsor
Bill Hagerty
TN • R
Cosponsors
Roger Marshall
KS • R
Sponsored 6/29/2025
Mike Crapo
ID • R
Sponsored 6/29/2025
Tim Sheehy
MT • R
Sponsored 6/29/2025
James Justice
WV • R
Sponsored 6/29/2025
James Risch
ID • R
Sponsored 6/29/2025
Tommy Tuberville
AL • R
Sponsored 6/29/2025
Ted Budd
NC • R
Sponsored 6/29/2025
Kevin Cramer
ND • R
Sponsored 6/29/2025
Ron Johnson
WI • R
Sponsored 6/29/2025
Steve Daines
MT • R
Sponsored 6/29/2025
Cynthia Lummis
WY • R
Sponsored 6/29/2025
Pete Ricketts
NE • R
Sponsored 6/29/2025
Rick Scott
FL • R
Sponsored 6/29/2025
John Hoeven
ND • R
Sponsored 6/29/2025
Mike Lee
UT • R
Sponsored 6/29/2025
Eric Schmitt
MO • R
Sponsored 6/29/2025
Katie Britt
AL • R
Sponsored 6/29/2025
James Lankford
OK • R
Sponsored 6/29/2025
Ashley Moody
FL • R
Sponsored 10/16/2025
David McCormick
PA • R
Sponsored 11/19/2025
Roll Call Votes
No roll call votes available for this bill.
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