H.R. 7167: Make It Count Act

This bill, known as the Make It Count Act, proposes several significant changes to how the United States conducts its decennial census, manages the apportionment of Representatives in Congress, and regulates congressional redistricting. Below are the main components of the bill:

Citizenship Status on Decennial Census

The bill mandates that starting with the 2030 decennial census, and for all future censuses, the Secretary of Commerce must include a question asking respondents to identify their citizenship status. Respondents will need to indicate whether they are:

• A citizen of the United States
• A national of the United States but not a citizen
• An alien lawfully residing in the United States
• An alien unlawfully residing in the United States

Furthermore, within 120 days of completing the census, the Secretary is required to publicly release demographic data that categorizes the population of each state according to these classifications.

Exclusion of Noncitizens in Apportionment

The bill proposes to change the method of apportionment of Representatives in Congress by excluding noncitizens from the population count used to determine the number of Representatives and electoral votes for each state. This change will be implemented beginning with the apportionment that follows the 2030 census and any future censuses.

Limit on Congressional Redistricting

The bill would also limit the ability of states to conduct congressional redistricting. Specifically, once a state has redistricted following a decennial census and the apportionment of Representatives, it may not redistrict again until the next apportionment, unless mandated by a court to comply with constitutional requirements or the Voting Rights Act of 1965. This rule would apply starting with any congressional redistricting that occurs after the November 2024 election.

No Effect on State and Local Elections

Importantly, the bill states that it does not alter the manner in which states conduct elections for state and local office. It does not influence how states establish electoral districts for those elections.

Severability Clause

Finally, the bill includes a severability clause, which means that if any part of the bill is found to be unconstitutional, the rest of the bill remains in effect and enforceable.

Relevant Companies

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