Senator Ashley Moody (R-FL) has thrown her support behind a new piece of legislation, the Equal Representation Act (S. 2205), which seeks to fundamentally change how congressional districts and Electoral College votes are allocated by basing the count solely on the U.S. citizen population.
The Senator argues that the current method of including non-citizens, including illegal immigrants, unfairly inflates the political power of certain states and dilutes the vote of American citizens.
The bill, introduced in the Senate on June 29, 2025, by Senator Bill Hagerty (R-TN) and co-sponsored by Senator Moody and 17 other Republican senators, was referred to the Senate Committee on Homeland Security and Governmental Affairs.
Current System “Dilutes the Vote”
The Equal Representation Act directly challenges the current constitutional practice, where the decennial U.S. Census counts the “whole number of persons” in each state, regardless of citizenship status, for the purpose of reapportioning the 435 seats in the House of Representatives and, by extension, Electoral College votes.
Senator Moody contends that this system, particularly in states with large non-citizen populations like California, creates a “perverse incentive for open borders” to boost a state’s political clout.
“America’s democratic republic is built on the premise of equal representation of citizens,” Senator Moody stated. “After years of open borders under Biden, states like California have unfairly inflated their electoral counts by including illegal immigrants, boosting their political power while diluting the vote from actual Americans. We are fighting to ensure that our voter rolls and congressional representation accurately reflects our citizenry.”
The Senator and proponents of the bill argue that the presence of millions of illegal alien residents in a state like California results in the state receiving several more congressional seats and Electoral College votes than its citizen population would merit, thus giving a Californian’s vote greater relative weight than a citizen’s vote in another state.
Key Provisions of the Equal Representation Act
The Equal Representation Act (S. 2205) proposes several significant changes to the process:
Citizenship Question: It mandates the Census Bureau to include a citizenship question on the 2030 decennial census and all subsequent censuses to accurately differentiate between citizens and non-citizens.
Exclusion from Apportionment: It explicitly prohibits non-citizens from being counted for the purpose of apportioning seats in the House of Representatives and determining Electoral College votes. This change would take effect with the apportionment following the 2030 Census.
Public Reporting: It requires the Census Bureau to publicly release demographic data, disaggregated by citizen and non-citizen status, not later than 120 days after the completion of the census.
READ: Tomahawk Decision Looms As Zelenskyy Visits Trump After Putin Call
Legislative Outlook
The bill has been introduced in the Senate and referred to the Committee on Homeland Security and Governmental Affairs.
The legislation’s approach of excluding non-citizens from apportionment is expected to draw a significant legal challenge, as opponents argue the move conflicts with the Fourteenth Amendment of the U.S. Constitution, which requires apportionment based on the “whole number of persons” in each state.
Senator Moody is joined in co-sponsoring the legislation by a coalition of fellow Republican Senators, including Bill Hagerty (R-TN), Roger Marshall (R-KS), Mike Crapo (R-ID), Tim Sheehy (R-MT), James Justice (R-WV), James Risch (R-ID), Tommy Tuberville (R-AL), Ted Budd (R-NC), Kevin Cramer (R-ND), Ron Johnson (R-WI), Steve Daines (R-MT), Cynthia Lummis (R-WY), Pete Ricketts (R-NE), Rick Scott (R-FL), John Hoeven (R-ND), Mike Lee (R-UT), Eric Schmitt (R-MO), Katie Britt (R-AL), and James Lankford (R-OK).
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox.
