HR7167-119

What This Bill Does

The Make It Count Act changes census, apportionment, and redistricting rules. Section 2 requires the Secretary of Commerce to include, in the 2030 decennial census and each later census questionnaire used to determine total State populations, an option for each household member's status as a U.S. citizen, U.S. national but not citizen, lawfully residing alien, or unlawfully residing alien. Within 120 days after each decennial census, Commerce must publicly release State counts disaggregated by those four categories. Section 3 amends the 1929 apportionment law to exclude individuals who are not U.S. citizens from the number of persons used to apportion House seats and electoral votes, starting with the 2030 census and later censuses. Section 4 amends 2 U.S.C. 2c so a State that has completed congressional redistricting after an apportionment may not redistrict again until the next apportionment, unless a court requires a new map to comply with the Constitution or enforce the Voting Rights Act. That limit applies to congressional redistricting after the November 2024 election and does not affect State or local election districts. Section 5 adds severability.

Who Benefits and How

States with relatively higher citizen populations benefit if apportionment shifts toward citizen counts rather than total resident counts. Voters in those States may gain relative House representation or electoral-vote weight. Election administrators and redistricting officials benefit from a federal once-per-apportionment rule that could reduce repeated mid-decade congressional map changes. Researchers and policymakers benefit from public State-level citizenship-status tabulations after each census.

Who Bears the Burden and How

Noncitizen residents, mixed-status households, immigrant communities, and States with large noncitizen populations could lose representation weight because noncitizens would be excluded from apportionment and electoral-vote counts. The Census Bureau must add citizenship-status response options, tabulate four categories by State, publish the results, and defend data quality. State redistricting bodies lose flexibility to redraw congressional maps mid-decade unless a court requires it. Courts may face disputes over constitutionality, Voting Rights Act exceptions, census response effects, and severability.

Key Provisions

• Requires citizenship-status response categories on 2030 and later decennial census questionnaires used for State population totals.
• Requires State-level public tabulation of citizens, U.S. nationals, lawful aliens, and unlawful aliens within 120 days after each census.
• Excludes noncitizens from House apportionment and electoral-vote apportionment beginning with the 2030 census.
• Restricts States from redistricting Congress more than once after apportionment unless a court requires another map.
• Preserves State and local redistricting processes outside the congressional redistricting limit.
• Adds severability for unconstitutional provisions or applications.