Lawmakers in the U.S. House of Representatives took a significant step this week toward altering how population counts influence congressional districts and Electoral College allocations. The House Committee on Oversight and Government Reform approved H.R. 151, known as the Equal Representation Act, during a markup session on December 2, 2025. This legislation seeks to ensure that only U.S. citizens factor into the reapportionment process following the decennial census. Supporters argue the measure would promote fairness in representation, while opponents contend it contradicts constitutional principles.
Rep. Chuck Edwards, a Republican from North Carolina's 11th District, introduced H.R. 151 on January 3, 2025. The bill addresses concerns over the inclusion of noncitizens in population tallies used for apportioning House seats among states. Under current law, the Constitution's 14th Amendment directs that representation be based on the "whole number of persons" in each state, a category that has historically encompassed all residents regardless of citizenship status.
At its core, the Equal Representation Act would amend census procedures to exclude noncitizens from the apportionment base starting with the 2030 census and for all future decennial enumerations. Census questionnaires would include options for respondents to indicate citizenship and residency status for themselves and household members, such as U.S. citizen, U.S. national but not a citizen, lawfully residing non-U.S. national, or unlawfully residing non-U.S. national. The Department of Commerce would then publish state-level population figures disaggregated by these categories. Proponents emphasize that these changes would yield more precise data than estimates from the American Community Survey.
The committee's markup unfolded along partisan lines, with a vote of 20-19 to order the bill reported with an amendment. Chairman James Comer, a Republican from Kentucky, proposed an amendment in the nature of a substitute that streamlined the citizenship inquiry to a simple yes-or-no question: “Are you a citizen of the United States?” He maintained that the revised approach would guarantee “federal representation is determined by Americans only” and deliver accurate counts essential for equitable state apportionment. Edwards echoed this view during floor debates on a prior version, stating, “My bill is a commonsense solution to a chronic problem impacting the very governance and democracy of this country.”
Democrats voiced strong reservations during the session. Ranking Member Sylvia Garcia, a Democrat from Texas, asserted that the bill “attempts to exclude noncitizens from being counted when drawing congressional districts, which clearly violates the Fourteenth Amendment.” She warned that adding a citizenship question could deter participation, resulting in undercounts that diminish federal funding and political influence for diverse communities. Rep. Jamie Raskin, a Democrat from Maryland and former constitutional law professor, described the proposal as one that “dishonors the Constitution,” noting that every historical apportionment has counted all residents, not just voters or citizens. Critics also highlighted potential logistical challenges and costs, as outlined in analyses from the Congressional Budget Office.
With the committee's approval, H.R. 151 now advances to the full House for consideration, though no floor vote date has been scheduled as of December 5, 2025. A companion measure in the Senate, reintroduced by Sen. Bill Hagerty of Tennessee in June 2025, faces similar hurdles in a divided Congress. The debate underscores broader tensions over immigration policy and electoral mechanics. Observers anticipate vigorous discussions if the bill reaches the Senate or presidential desk.