WASHINGTON, D.C.—Today, Congressman Warren Davidson (R-OH) reintroduced the Fair Representation Amendment. This bill proposes a new constitutional amendment to clarify the method the U.S. uses to apportion electoral votes to the states. 

The Fair Representation Amendment would direct the Census Bureau to only use the number of U.S. citizens counted in the decennial census to apportion and draw congressional districts. Currently, all persons residing inside the U.S. are counted, including non-citizen residents and undocumented migrants.

As immigration policy in the United States becomes more polarized, some municipalities have enacted so-called “sanctuary city” policies that have increased their populations by welcoming non-citizens. This increase diminishes representation of US citizens, especially in states (and regions within states) that have smaller foreign and migrant populations. By specifying the correct method for apportionment, Rep. Davidson hopes the Fair Representation Amendment will restore fair representation and equal protection for all US citizens.

Reps. Mo Brooks, (R-AL), Ted Budd (R-NC), Scott DesJarlais (R-TN), Barry Moore (R AL), Scott Perry (R-PA), Tom Rice (R-SC), Jim Jordan (R-OH), Ralph Norman (R-SC), Marjorie Taylor Greene (R-GA) have cosponsored the bill.

After reintroducing the bill, Davidson made the following statement:

“Equal protection requires fair representation. Now that the decennial census has been completed, attention will turn to apportionment and redistricting, an important process that determines the apportionment of seats in the House of Representatives. Members of Congress represent American citizens, not foreigners. We must prioritize and protect the value of citizenship, even as we welcome diverse people legally to our land of opportunity. Furthermore, misguided immigration policies that undermine legal immigration by fostering illegal migration should not be allowed to erode the value of citizenship and the equal protection citizenship confers.”

The threshold to amend the Constitution is a two-thirds majority in both the House and the Senate as well as ratification by at least 38 states.

The Fair Representation Amendment was first introduced by Davidson in the 115th Congress.