Florida Attorney General James Uthmeier has filed a formal petition with the U.S. Census Bureau, demanding a complete overhaul of how the federal government counts residents.
The petition argues that the 2020 Census significantly undercounted Florida and other “red” states while overcounting “blue” states, leading to a loss of political power and federal funding.
The filing, submitted Monday, calls for the Census Bureau to return to what Uthmeier describes as “historical standards.” This includes adding a citizenship question to the decennial census and excluding illegal aliens, temporary residents, and their children from the population totals used to determine how many seats each state receives in the U.S. House of Representatives.
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According to the petition, Florida suffered an undercount of approximately 3.48% in 2020, representing roughly 761,000 overlooked residents. Uthmeier asserts that this error cost Florida at least one additional congressional seat and an Electoral College vote, despite the state’s massive population growth.
“The Census was designed to ensure equal representation for citizens of the United States, not those who are here illegally or temporarily,” Uthmeier said in a statement. “The way we count our population has a direct impact on how political power is distributed across the nation, and our state deserves an accurate count that ensures Floridians are represented fairly.”
The petition highlights a disparity in the 2020 results:
- Undercounted: Six “red” states, including Florida.
- Overcounted: Five “blue” states, including New York and Minnesota.
A core tenet of Florida’s legal argument is the definition of “usual residence.” Currently, the Census Bureau counts anyone physically present in a location on Census Day. Florida argues this contradicts the Constitution, claiming that residence should require “allegiance” or “enduring ties” to the country.
The petition specifically asks the Bureau to:
- Ask about citizenship and legal immigration status.
- Exclude non-permanent residents from the apportionment count.
- Exclude children of illegal or temporary residents from the count.
The petition also takes aim at two technical methods used in the 2020 count: “Group Quarters Imputation” and “Differential Privacy.”
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Florida officials claim the “Group Quarters” method created “fictitious persons” to fill gaps in data caused by COVID-19 lockdowns, particularly in college dormitories. Furthermore, the petition argues that “Differential Privacy”—a system meant to protect respondent anonymity by injecting “statistical noise” into the data—systematically distorted the numbers and harmed rural areas.
“By addressing these systemic flaws, the petition seeks to restore equal balance among the States and people, as originally intended by the Constitution,” the document concludes.
The move follows a similar lawsuit filed by the State of Missouri earlier this year. If the Census Bureau does not adopt the requested regulations, the petition sets the stage for potential further litigation as the 2030 Census cycle approaches.
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