The House of Representatives recently voted on the Equal Representation Act, which aims to add a citizenship question to the census and prevent illegal immigrants from affecting the redistricting and Electoral College apportionment processes. The bill passed the lower chamber in a close 206 to 202 vote along party lines. Rep. Chuck Edwards (R-Ill.) introduced the bill in January with over 100 co-sponsors, arguing that including non-US citizens in determining congressional seats and electoral votes skews representation of Americans in the federal government.

The legislation is crucial as states adjust their congressional maps every decade following the census, resulting in either the loss or gain of seats based on population changes. While the last apportionment process mostly concluded ahead of the 2022 midterm election cycle, there are still ongoing redistricting court battles. Critics of the bill are concerned about the constitutional mandate to count “persons” in the country and fear that adding a citizenship question to the census could intimidate respondents and exclude permanent residents such as Green Card holders from the apportionment process.

Opponents, like Rep. Jamie Raskin (D-Md.), believe the current system benefits Republicans and argue that Republicans will need to amend the Constitution to address their concerns about the census. They point to the 14th Amendment, which specifies that representatives should be apportioned based on the total number of persons in each state. Former President Donald Trump also attempted to include a citizenship question in the census during his tenure, but the Supreme Court blocked this effort in 2019. Trump’s administration then explored alternative methods to count noncitizens.

Some lawmakers, like Rep. Cory Mills (R-Fla.), blame the recent increase in illegal border crossings for the need to protect the voices of law-abiding American citizens by ensuring proper representation. The Equal Representation Act is seen as a measure to safeguard election security and protect the integrity of the voting system. While the bill passed in the House, it is unlikely to advance in the Senate. The aim is to uphold the principles of democracy by ensuring that only American citizens have a say in determining the nation’s direction. The next decennial census is scheduled for 2030, highlighting the importance of addressing these issues before the next redistricting cycle.

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