S. 2205 — Equal Representation Act

This section requires the Secretary, beginning with the 2030 decennial census and each decennial census thereafter, to include on any census questionnaire a checkbox or similar option for respondents to indicate U.S. citizenship status for themselves and each household member. It further requires the Secretary to publicly release, not later than 120 days after census completion, the number of individuals per state disaggregated by citizens and noncitizens.

This section excludes noncitizens from the population count used to apportion House seats following the 2030 decennial census and subsequent censuses (previously excluding only Indians not taxed). (Thus, the change also reduces the number of electoral votes allocated to states with relatively more noncitizens, as electoral votes equal total Representatives plus two Senators.)

This section establishes a severability clause, providing 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.