S. 2205 – Equal Representation Act

AI-Generated Summary

Updated November 23, 2025 at 11:41 PM UTC

The Equal Representation Act would add a citizenship question to every decennial census and make the resulting citizen versus non‑citizen counts publicly available. It also changes how congressional seats and electoral votes are allocated, counting only U.S. citizens rather than the total population. The bill would affect all census respondents, state populations, and the distribution of representation in the House of Representatives and the Electoral College.

Key Provisions

Mandates that the 2030 census (and each subsequent census) include a question asking whether each person in a household is a U.S. citizen.
Requires the Census Bureau to publish, within 120 days after the census, state‑by‑state counts of citizens and non‑citizens.
Amends the apportionment formula so that only U.S. citizens are counted when determining each state’s share of House seats and electoral votes, starting with the 2030 census.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Homeland Security and Governmental Affairs Committee

June 29, 2025

View full timeline

SenateIntro Referral

Introduced in Senate

June 29, 2025

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Homeland Security and Governmental Affairs Committee

June 29, 2025

Bill Text

Latest available legislative text

Reading Mode

Raw Text PDF XML

Introduced in SenateIssued June 29, 2025

II

119th CONGRESS

1st Session

S. 2205

IN THE SENATE OF THE UNITED STATES

June 29 (legislative day, June 28), 2025

Mr. Hagerty (for himself, Mr. Marshall, Mr. Crapo, Mr. Sheehy, Mr. Justice, Mr. Risch, Mr. Tuberville, Mr. Budd, Mr. Cramer, Mr. Johnson, Mr. Daines, Ms. Lummis, Mr. Ricketts, Mr. Scott of Florida, Mr. Hoeven, Mr. Lee, Mr. Schmitt, Mrs. Britt, and Mr. Lankford) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To require a citizenship question on the decennial census, to require reporting on certain census statistics, and to modify apportionment of Representatives to be based on United States citizens instead of all individuals.

1.

Short title

This Act may be cited as the Equal Representation Act.

2.

Citizenship status on decennial census

Section 141 of title 13, United States Code, is amended—

(1)

by redesignating subsection (g) as subsection (h); and

(2)

by inserting after subsection (f) the following:

(g)

(1)

In conducting the 2030 decennial census and each decennial census thereafter, the Secretary shall include in any questionnaire distributed or otherwise used for the purpose of determining the total population by States a checkbox or other similar option for the respondent to indicate, for the respondent and for each of the members of the household of the respondent, whether that individual is a citizen of the United States.

(2)

Not later than 120 days after completion of a decennial census of the population under subsection (a), the Secretary shall make publicly available the number of individuals per State, disaggregated by citizens of the United States and noncitizens, as tabulated in accordance with this section.

.

3.

Exclusion of noncitizens from number of persons used to determine apportionment of representatives and number of electoral votes

(a)

Exclusion

Section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress, approved June 18, 1929 (2 U.S.C. 2a(a)), is amended by inserting after not taxed the following: and individuals who are not citizens of the United States.

(b)

Effective date

The amendment made by subsection (a) shall apply with respect to the apportionment of Representatives carried out pursuant to the decennial census conducted during 2030 and any succeeding decennial census.

4.

Severability clause

If any provision of this Act or amendment made by this Act, or the application thereof to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected.