H.R. 7167 — Make It Count Act

This section requires, for the 2030 decennial census and each decennial census thereafter, inclusion on any questionnaire used to determine total population by states of a checkbox or similar option for respondents to indicate—for themselves and each household member—whether the individual is (A) a U.S. citizen, (B) a U.S. national but not citizen, (C) an alien lawfully residing in the United States, or (D) an alien unlawfully residing in the United States. The section further requires the Secretary to make publicly available, not later than 120 days after census completion, the number of persons per state disaggregated by these four categories.

This section excludes individuals who are not U.S. citizens, in addition to Indians not taxed, from the population count used to apportion U.S. House seats among states using the method of equal proportions beginning with the 2030 decennial census (from excluding only Indians not taxed). (Thus, states with higher proportions of noncitizen residents may receive fewer House seats and, consequently, fewer electoral votes.)

This section amends the congressional redistricting law to prohibit a state from redistricting congressional districts more than once after each decennial apportionment of House seats (i.e., following each census under 2 U.S.C. 2a), unless required by a court to comply with the Constitution or the Voting Rights Act of 1965. The prohibition does not affect state or local elections and applies to any congressional redistricting occurring after the November 2024 election.

This section provides a severability clause, stating that if any provision of the Act or its amendments, or its application to any person or circumstance, is held unconstitutional, the remainder of the Act and its amendments, and their application to other persons or circumstances, shall not be affected.