What This Bill Does
This bill changes how many House Representatives Congress has and how they are divided among states. Instead of keeping the number at 435 representatives, the bill says the total number should equal the total U.S. population divided by the population of the least populated state, rounded to the nearest odd number. This means each representative would serve roughly the same number of people across all states.
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Who It Affects
The bill directly affects:
- All 50 states and their residents
- The House of Representatives and its members
- Congress as an institution
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Key Provisions
- The total number of House Representatives is calculated by dividing the entire U.S. population by the population of whichever state has the smallest population, rounded to the nearest whole odd number (Sec. 2)
- If the new number of Representatives is 15 percent more or less than the previous census count, Congress must establish a 15-member commission to study the change and make recommendations (Sec. 3)
- The commission must analyze population shifts among states, how the new method affects the House's ability to work, and recommend the optimal number of members and how to divide them among states (Sec. 3)
- The commission has 6 months to submit its report to Congress after the census is published (Sec. 3)
- Money can be requested for any additional space, facilities, staff and resources the House needs as a result of this law (Sec. 4)
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What Changes
The House of Representatives will no longer have a fixed number of 435 members. Starting with the first census after this law is passed, the total number of representatives will automatically adjust based on population. States with smaller populations will have proportionally more representation relative to their population size compared to larger states. Older laws from 1911 and 1929 that set the House size at 435 will no longer apply.
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Important Definitions
- "Decennial census" means the official count of the U.S. population that happens every 10 years
- "Constituents" means the people a representative serves
- "Apportionment" means dividing representatives among states
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Effective Date
This law applies starting with the first regular decennial census conducted after the law is enacted, and to each census after that. The commission requirement applies starting with the second decennial census after enactment (Sec. 2(c) and Sec. 3(h)).
I
118TH CONGRESS
1ST SESSION
H. R. 643
To establish the total number of Representatives at a number that provides
that the average number of constituents represented by a Member from
any State is equivalent to the number of constituents represented by
the Member from the least populous State and to apportion Representa-
tives among the States accordingly, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 31, 2023
Mr. CASTEN (for himself, Mr. BEYER, and Mr. BLUMENAUER) introduced the
following bill; which was referred to the Committee on the Judiciary, and
in addition to the Committees on Transportation and Infrastructure, and
House Administration, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To establish the total number of Representatives at a number
that provides that the average number of constituents
represented by a Member from any State is equivalent
to the number of constituents represented by the Member
from the least populous State and to apportion Rep-
resentatives among the States accordingly, and for other
purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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•HR 643 IH
SECTION 1. SHORT TITLE; FINDINGS.
1
(a) SHORT TITLE.—This Act may be cited as the
2
‘‘Equal Voices Act’’.
3
(b) FINDINGS.—Congress finds the following:
4
(1) Our Nation’s founders intended the House
5
of Representatives to be the chamber closest to the
6
American people: ‘‘the People’s House’’.
7
(2) The number of Representatives in Congress
8
has been 435 since 1911 when the U.S. population
9
was 92,228,531 (1910 U.S. Census). The U.S. pop-
10
ulation has grown to more than three times that size
11
to 331,449,281 in 2020 (2020 U.S. Census) while
12
the size of the House has remained the same.
13
(3) Our electorate has changed significantly
14
since the size of the House last grew in 1911. Prior
15
to the passage of the 19th Amendment in 1920, the
16
Civil Rights Act in 1957, and the Voting Rights Act
17
in 1965, women and people of color faced barriers
18
and in some cases, legal prohibitions, to voting.
19
(4) When the cap on the size of the House was
20
statutorily set in 1929, the average Member of the
21
House represented approximately 280,000 people,
22
compared to approximately 762,000 people in 2020.
23
(5) Based on the 2020 Census, individuals in
24
the State with the smallest population, Wyoming,
25
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•HR 643 IH
had 1.3x more relative representation compared to
1
the national average district size.
2
(6) Each Member of the House represents far
3
more people on average than legislators in nearly all
4
developed and developing democracies, and is an
5
outlier among other member countries of the Orga-
6
nization for Economic Cooperation and Development
7
(OECD), with nearly 3 times the citizen to rep-
8
resentative ratio as Japan, the country with next
9
largest district size.
10
(7) Representatives who serve fewer people are
11
more likely to have contact with their constituents,
12
receive higher marks for their constituent service,
13
and better reflect the views of their districts.
14
SEC. 2. ESTABLISHMENT OF NUMBER OF MEMBERS OF
15
HOUSE OF REPRESENTATIVES ON BASIS OF
16
NUMBER OF CONSTITUENTS OF LEAST-POPU-
17
LOUS STATE.
18
(a) METHOD FOR DETERMINATION OF NUMBER.—
19
Section 22(a) of the Act entitled ‘‘An Act to provide for
20
the fifteenth and subsequent decennial census and to pro-
21
vide for apportionment of Representatives in Congress’’,
22
approved June 18, 1929 (2 U.S.C. 2a(a)), is amended—
23
(1) by striking ‘‘(a) On the first day’’ and in-
24
serting ‘‘(a)(1) On the first day’’;
25
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•HR 643 IH
(2) by striking ‘‘the then existing number of
1
Representatives’’ and inserting ‘‘the number of Rep-
2
resentatives determined under paragraph (2)’’; and
3
(3) by adding at the end the following new
4
paragraph:
5
‘‘(2) The number of Representatives determined
6
under this paragraph is, with respect to a regular decen-
7
nial census of the population of the United States, a num-
8
ber equal to—
9
‘‘(A) the whole number of persons in all States
10
(as shown in the statement under paragraph (1));
11
divided by
12
‘‘(B) the whole number of persons in the State
13
with the smallest whole number of persons (as
14
shown in such statement),
15
rounded to the nearest whole odd number.’’.
16
(b) CONFORMING AMENDMENT.—The first section
17
and section 2 of the Act entitled ‘‘An Act For the appor-
18
tionment of Representatives in Congress among the sev-
19
eral States under the Thirteenth Census’’, approved Au-
20
gust 8, 1911 (2 U.S.C. 2 note), are repealed.
21
(c) EFFECTIVE DATE.—The amendments made by
22
this section shall apply with respect to the first regular
23
decennial census conducted after the date of the enact-
24
ment of this Act and each subsequent decennial census.
25
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•HR 643 IH
SEC. 3. COMMISSION TO RECOMMEND NUMBER OF MEM-
1
BERS OF HOUSE OF REPRESENTATIVES IN
2
EVENT
OF
SIGNIFICANT
POPULATION
3
CHANGE.
4
(a) ESTABLISHMENT.—If, with respect to a regular
5
decennial census of the population of the United States,
6
the number of Representatives determined under section
7
22(a) of the Act entitled ‘‘An Act to provide for the fif-
8
teenth and subsequent decennial census and to provide for
9
apportionment of Representatives in Congress’’, approved
10
June 18, 1929 (2 U.S.C. 2a(a)), as amended by section
11
2(a), is 15 percent greater or lesser than the number of
12
Representatives determined under such section with re-
13
spect to the previous regular decennial census, there shall
14
be established in Congress a commission to carry out the
15
duties described in subsection (d) with respect to the ap-
16
portionment of Representatives resulting from that cen-
17
sus.
18
(b) MEMBERSHIP.—
19
(1) APPOINTMENT.—A commission established
20
under this section shall consist of 15 members ap-
21
pointed as follows:
22
(A) 5 members appointed by the Speaker
23
of the House of Representatives.
24
(B) 5 members appointed by the minority
25
leader of the House of Representatives.
26
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•HR 643 IH
(C) 2 members appointed by the majority
1
leader of the Senate.
2
(D) 2 members appointed by the minority
3
leader of the Senate.
4
(E) One member who shall serve as the
5
Chair of the Commission, who shall be ap-
6
pointed by the vote of a majority of the other
7
members, of whom—
8
(i) at least 2 shall be members ap-
9
pointed by the Speaker of the House of
10
Representatives;
11
(ii) at least 2 shall be members ap-
12
pointed by the minority leader of the
13
House of Representatives;
14
(iii) at least one shall be one of the
15
members appointed by the majority leader
16
of the Senate; and
17
(iv) at least one shall be one of the
18
members appointed by the minority leader
19
of the Senate.
20
(2) DEADLINE
FOR
APPOINTMENT.—The ap-
21
pointing authorities under paragraph (1) shall ap-
22
point the members of the commission not later than
23
30 days after the President transmits to Congress
24
the statement showing the number of Representa-
25
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•HR 643 IH
tives to which each State is entitled under section
1
22(a) of the Act entitled ‘‘An Act to provide for the
2
fifteenth and subsequent decennial census and to
3
provide for apportionment of Representatives in
4
Congress’’, approved June 18, 1929 (2 U.S.C.
5
2a(a)), as amended by section 2(a).
6
(3) QUALIFICATIONS.—In appointing members
7
of the commission, the appointing authorities under
8
paragraph (1) shall prioritize the appointment of in-
9
dividuals who are qualified to assess the appropriate
10
number of Members of the House of Representatives
11
because of their expertise or study of politics, gov-
12
ernment, and related fields, and their demonstrated
13
ability to work in a nonpartisan manner.
14
(4) VACANCY.—A vacancy in the commission
15
shall be filled in the same manner as the original ap-
16
pointment was made.
17
(5) COMPENSATION.—Members of the commis-
18
sion—
19
(A) shall be paid the daily equivalent of
20
the annual rate of basic pay payable for level V
21
of the Executive Schedule for each day (includ-
22
ing travel time) during which the member is en-
23
gaged in the actual performance of duties vest-
24
ed in the commission; and
25
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•HR 643 IH
(B) shall receive travel expenses, including
1
per diem in lieu of subsistence, in accordance
2
with applicable provisions under subchapter I of
3
chapter 57 of title 5, United States Code.
4
(c) STAFF.—
5
(1) AUTHORITY TO APPOINT STAFF.—The chair
6
of the commission may appoint, prescribe the duties
7
and responsibilities of, and fix the pay of such staff
8
as the chair considers appropriate to assist the com-
9
mission in carrying out its duties, without regard to
10
the provisions of title 5, United States Code, gov-
11
erning appointments in the competitive service, and
12
without regard to the provisions of chapter 51 and
13
subchapter III of chapter 53 of such title relating to
14
classification and General Schedule pay rates, except
15
that no rate of pay fixed under this paragraph may
16
exceed the rate of pay for a member of the commis-
17
sion.
18
(2) EXPERTS
AND
CONSULTANTS.—Section
19
202(i) of the Legislative Reorganization Act of 1946
20
(2 U.S.C. 4301(i)) shall apply with respect to the
21
commission in the same manner as such section ap-
22
plies with respect to a standing committee of the
23
Senate.
24
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•HR 643 IH
(d) DUTIES.—With respect to a regular decennial
1
census, the commission shall carry out the following du-
2
ties:
3
(1) Analyzing the shifts in population among
4
the States.
5
(2) Analyzing how the application of section
6
22(a)(2) of the Act entitled ‘‘An Act to provide for
7
the fifteenth and subsequent decennial census and to
8
provide for apportionment of Representatives in
9
Congress’’, approved June 18, 1929 (2 U.S.C.
10
2a(a)(2)), as added by section 2(a), will affect the
11
ability of the House of Representatives to carry out
12
its responsibilities in an effective manner.
13
(3) Recommending the optimal number of
14
Members of the House and the optimal apportion-
15
ment of Members among the States, taking into ac-
16
count—
17
(A) shifts in population among the States;
18
(B) the need to reduce disparities in the
19
size of congressional districts; and
20
(C) the need to ensure that historically
21
under
represented
populations
are
not
22
disenfranchised.
23
(e) POWERS.—
24
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•HR 643 IH
(1) HEARINGS
AND
OTHER
ACTIVITIES.—For
1
the purpose of carrying out its duties, the commis-
2
sion may hold such hearings and undertake such
3
other activities as the commission determines to be
4
necessary to carry out its duties.
5
(2) AUTHORITY
TO
USE
SUBPOENAS.—The
6
commission may require by subpoena the attendance
7
of such witnesses and the production of such books,
8
papers, and documents, as it considers appropriate.
9
(3) ACCESS
TO
LEGISLATIVE
BRANCH
SERV-
10
ICES.—The commission shall have access to the
11
services of the Architect of the Capitol, the Govern-
12
ment Accountability Office, the Congressional Budg-
13
et Office, and the Congressional Research Service in
14
the same manner and under the same terms and
15
conditions as any standing committee of the House
16
of Representatives or Senate.
17
(f) REPORT.—The commission shall submit a report
18
to Congress containing its recommendations under sub-
19
section (d)(3) not later than 6 months after the publica-
20
tion of the regular decennial census of the population of
21
the United States.
22
(g) TERMINATION.—A commission established under
23
this section shall terminate 30 days after submitting the
24
report under subsection (f).
25
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•HR 643 IH
(h) EFFECTIVE DATE.—This section shall apply with
1
respect to the second regular decennial census conducted
2
after the date of the enactment of this Act and each subse-
3
quent decennial census.
4
SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR PROVI-
5
SION OF ADDITIONAL SPACE, FACILITIES,
6
PERSONNEL, AND RESOURCES.
7
There are authorized to be appropriated to the House
8
of Representatives and the Architect of the Capitol for the
9
fiscal year in which this Act is enacted and each suc-
10
ceeding fiscal year such sums as may be necessary to pro-
11
vide for any additional space, facilities, personnel, and
12
other resources for the House which may be required as
13
the result of the enactment of this Act.
14
Æ
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