Blackburn, Hagerty, Colleagues Introduce Legislation to End Counting of Illegal Immigrants in Determining Electoral College Votes and Congressional District Apportionment

January 26, 2024

NASHVILLE, TENN. – U.S. Senators Marsha Blackburn (R-Tenn.) and Bill Hagerty (R-Tenn.) introduced the Equal Representation Actlegislation to ensure that only legal citizens are factored into the count for Congressional districts and the Electoral College map that determines presidential elections. The current method of counting illegal immigrants for purposes of representation serves as a perverse incentive for open borders to boost the relative political power of the states and voters that court it.

Click to download or view.

“Blue states may be losing citizens over their liberal policies, but they’re making up for it by welcoming illegal immigrants. Democrats have admitted the quiet part out loud as they continue to justify their open border policies: they just need a higher head count to help them acquire more seats in Congress and more dollars from the federal government. This is wrong and un-American. Only U.S. citizens should be counted for purposes of congressional and Electoral College apportionment,”  said Senator Blackburn.

“It is unconscionable that illegal immigrants and non-citizens are counted toward congressional district apportionment and our electoral map. While people continue to flee Democrat-run cities, desperate Democrats are back-filling the mass exodus with illegal immigrants so that they do not lose their seats in Congress or their electoral votes for the presidency, hence artificially boosting their political power and in turn diluting the power of other Americans’ votes. I’m pleased to introduce this legislation that would require a citizenship question on the census and will ensure that only citizens are counted in congressional redistricting,” said Senator Hagerty.


  • The legislation comes after video revealed a Democrat Congresswoman openly calling for more illegal immigration to her New York congressional district because she “needs more people in her district for redistricting purposes.” 
  • Currently, illegal immigrants are counted for congressional district apportionment and, therefore, Electoral College votes. For example, in a state like California, millions of illegal alien residents result in California taking several more congressional seats and Electoral College votes than the states’ population of citizens would justify. In other words, being a magnet for illegal immigration increases the power of a Californian’s vote relative to an individual in another state with less population boost from illegal immigration. 
  • This creates a perverse incentive encouraging illegal immigration and resettlement to increase political power.


  • Requires that the Census Bureau include a citizenship question on any future census to provide a greater understanding of the U.S. population and delineate between citizens and non-citizens for apportionment purposes;
  • Prohibits non-citizens from being counted for purposes of congressional district and Electoral College apportionment; and
  • Requires that the Census Bureau publicly report on certain demographic data.


  •  U.S. Senators Mike Braun (R-Ind.), Katie Britt (R-Ala.), Ted Budd (R-N.C.), Bill Cassidy (R-La.), Kevin Cramer (R-N.D.), Mike Crapo (R-Idaho), Steve Daines (R-Mont.), Cindy Hyde-Smith (R-Miss.), James Lankford (R-Okla.), Mike Lee (R-Utah), Cynthia Lummis (R-Wyo.), Roger Marshall (R-Kan.), Pete Ricketts (R-Neb.), Jim Risch (R-Idaho), Mike Rounds (R-S.D.), Eric Schmitt (R-Mo.), John Thune (R-S.D.), Tommy Tuberville (R-Ala.), and J.D. Vance (R-Ohio).

Full text of the legislation can be found here.