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Bill

A 4773

"Restoring the Representation of Legal Residents Act;" requires Secretary of State to adjust census apportionment and redistricting data to remove illegal alien population for apportionment and redistricting purposes in this State.

2024-2025 Regular Session Introduced by Dawn Fantasia and 3 co-sponsors

Bill excludes undocumented immigrants from census apportionment and redistricting data, likely violating constitutional requirements and federal law on apportionment methodology.

Introduced in the Assembly, Referred to Assembly Oversight, Reform and Federal Relations Committee
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WeVote Research Nonpartisan
Bill Summary · A 4773

Legislative bill overview

This bill would require New Jersey's Secretary of State to exclude undocumented immigrants from census data used for congressional apportionment and state legislative redistricting. Currently, the decennial census counts all residents regardless of immigration status, and this count determines how many House seats each state receives and how district lines are drawn.

Why is this important

Census apportionment directly affects political representation and federal funding allocation. If undocumented immigrants were excluded, New Jersey could lose congressional seats and federal resources, while potentially gaining redistricting advantages in remaining districts. This touches on fundamental questions about who counts as part of a political community and how resources are distributed.

Potential points of contention

  • Constitutional and legal barriers: The Constitution requires apportionment based on "whole number of persons" in each state. Federal courts have consistently held that states cannot unilaterally adjust census figures; only Congress can change apportionment methodology, making this bill likely unenforceable as written.
  • Practical implementation challenges: Creating an accurate count of undocumented residents would require separate data collection systems, as the census deliberately does not ask immigration status to encourage participation. Any estimation methodology would be controversial and contested.
  • Competing values: This reflects disagreement over whether representation should be based on total population (current law) or only citizens/legal residents, and whether undocumented immigrants benefit from services (schools, roads) that apportionment funds.

Compiled from official sources — confirm details with the bill’s official record.

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