S-3659 : Still Just a Bill

The "Equal Representation Act," or S. 3659, proposes several changes to the decennial census and the apportionment of congressional representatives. Key provisions include:

• Citizenship Question: Mandates the inclusion of a citizenship question on the decennial census questionnaire, starting with the 2030 census. This question would require respondents to indicate whether they and each member of their household are citizens, nationals but not citizens, lawfully residing aliens, or unlawfully residing aliens.
• Data Reporting: Requires the Secretary to publicly release the number of persons per state, disaggregated by the four citizenship/residency categories, within 120 days after the completion of each decennial census.
• Exclusion of Non-Citizens for Apportionment: Amends existing law to exclude non-citizens from the population count used to determine the apportionment of Representatives in Congress. This change would take effect with the 2030 census.
• Severability Clause: Includes a standard severability clause, stating that if any provision of the Act is found unconstitutional, the remaining provisions shall remain in effect.