U.S. Code » Title 2 » Chapter CHAPTER 1— ELECTION OF SENATORS AND REPRESENTATIVES

2 U.S.C. § 2a

Reapportionment of Representatives; time and manner; existing decennial census figures as basis; statement by President; duty of clerk

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(a) On the first day, or within one week thereafter, of the first regular session of the Eighty-second Congress and of each fifth Congress thereafter, the President shall transmit to the Congress a statement showing the whole number of persons in each State, excluding Indians not taxed, as ascertained under the seventeenth and each subsequent decennial census of the population, and the number of Representatives to which each State would be entitled under an apportionment of the then existing number of Representatives by the method known as the method of equal proportions, no State to receive less than one Member.(b) Each State shall be entitled, in the Eighty-third Congress and in each Congress thereafter until the taking effect of a reapportionment under this section or subsequent statute, to the number of Representatives shown in the statement required by subsection (a) of this section, no State to receive less than one Member. It shall be the duty of the Clerk of the House of Representatives, within fifteen calendar days after the receipt of such statement, to send to the executive of each State a certificate of the number of Representatives to which such State is entitled under this section. In case of a vacancy in the office of Clerk, or of his absence or inability to discharge this duty, then such duty shall devolve upon the Sergeant at Arms of the House of Representatives.(c) Until a State is redistricted in the manner provided by the law thereof after any apportionment, the Representatives to which such State is entitled under such apportionment shall be elected in the following manner: (1) If there is no change in the number of Representatives, they shall be elected from the districts then prescribed by the law of such State, and if any of them are elected from the State at large they shall continue to be so elected; (2) if there is an increase in the number of Representatives, such additional Representative or Representatives shall be elected from the State at large and the other Representatives from the districts then prescribed by the law of such State; (3) if there is a decrease in the number of Representatives but the number of districts in such State is equal to such decreased number of Representatives, they shall be elected from the districts then prescribed by the law of such State; (4) if there is a decrease in the number of Representatives but the number of districts in such State is less than such number of Representatives, the number of Representatives by which such number of districts is exceeded shall be elected from the State at large and the other Representatives from the districts then prescribed by the law of such State; or (5) if there is a decrease in the number of Representatives and the number of districts in such State exceeds such decreased number of Representatives, they shall be elected from the State at large.(June 18, 1929, ch. 28, § 22, 46 Stat. 26; Apr. 25, 1940, ch. 152, 54 Stat. 162; Nov. 15, 1941, ch. 470, § 1, 55 Stat. 761; Pub. L. 104–186, title II, § 201, Aug. 20, 1996, 110 Stat. 1724.)Editorial NotesAmendments

1996—Subsec. (b). Pub. L. 104–186 struck out at end “; and in case of vacancies in the offices of both the Clerk and the Sergeant at Arms, or the absence or inability of both to act, such duty shall devolve upon the Doorkeeper of the House of Representatives”.

1941—Act Nov. 15, 1941, provided for reapportionment based on seventeenth and subsequent decennial censuses.

1940—Act Apr. 25, 1940, provided for reapportionment based on sixteenth decennial census.

Statutory Notes and Related SubsidiariesTermination of Reporting Requirements

For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the report required by subsec. (a) of this section is listed on page 17), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.

Constitutional Provisions

Apportionment of Representatives among the several States, see Const. Art. I, § 2, cl. 3, and Amend. XIV, § 2.

Temporary Increase in Membership

Representation of States of Alaska and Hawaii in House of Representatives as not affecting basis of apportionment established by this section, see section 9 of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions, and section 8 of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491 of Title 48.

Notes of Decisions
Cited in 141 cases (14 in the last 5 years), 1932–2024 · leading case: Branch v. Smith, 538 U.S. 254 (2003).
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Branch v. Smith, 538 U.S. 254 (2003). · cites it 26× “2 U. S. C. §§ 2a(a), (b). In 1941, Congress added to those provisions a subsection addressing what is to be done pending redistricting: "Until a State is redistricted in the manner provided by the law thereof after any apportionment, the Representatives to which such State is…”
Franklin v. Massachusetts, 505 U.S. 788 (1992). · cites it 15× “They cite the Senate Report for the bill that became 2 U. S. C. § 2a, which states that the President is to report "upon a problem in mathematics which is standard, and for which rigid specifications are provided by Congress itself, and to which there can be but one mathematical…”
Trump v. New York, 592 U.S. 125 (2020). · cites it 5× “26 , 2 U. S. C. §2a(a). In that statement, the President must apply a mathematical formula called the “method of equal proportions” to the pop- ulation counts in order to calculate the number of House seats for each State.”
Dep't of Com. v. New York, 139 S. Ct. 2551 (2019). · cites it 2× “More generally, by mandating a population count that will be used to apportion representatives, see §141(b), 2 U. S. C. §2a, the Act imposes “a duty to conduct a census that is accurate and that fairly accounts for the crucial representational rights that depend on the census…”
League of Women Voters of PA v. Cmwlth, 178 A.3d 737 (Pa. 2018). · cites it 4× “Pursuant to the Elections Clause, Congress passed 2 U.S.C. § 2a, which provides that, (…continued) opinion is completed, it is circulated to all of the other Justices for their review and comment.”
Utah v. Evans, 536 U.S. 452 (2002). · cites it 4× “and the number of Representatives to which each State would be entitled," 2 U. S. C. § 2a(a); and, within 15 days of receiving that statement, the Clerk of the House of Representatives must "send to the executive of each State a certificate of the number of Representatives to…”
Arizona State Legislature v. Arizona Indep. Redistricting Comm'n, 135 S. Ct. 2652 (2015). · cites it 4× “A three-judge District Court held, unanimously, that the Arizona Legislature had standing to sue; dividing two to one, the Court rejected the Legislature's complaint on the merits.”
Dep't of Com. v. United States House of Representatives, 525 U.S. 316 (1999). · cites it 4× “" 2 U. S. C. § 2a(a). Within 15 days thereafter, the Clerk of the House of Representatives must "send to the executive of each State a certificate of the number of Representatives to which such State is entitled.”
Bush v. Martin, 224 F. Supp. 499 (S.D. Tex. 1964). · cites it 13× “This urgent official plea is peremptorily rejected and the most coercive means within the power of the Court are used to compel immediate reapportionment, based upon the untested, and I respectfully say erroneous, guideline of "population and nothing else.”
Carstens v. Lamm, 543 F. Supp. 68 (D. Colo. 1982). · cites it 6× “The Goens plaintiffs also urged the Court to adopt their proposed plan 13 which complied with the seven stated criteria or, in the alternative, to implement provisions of 2 U.S.C. § 2a(c)(2) (1979). Under this federal statute, the state would elect the “additional Representative…”
Montana v. United States Dep't of Com., 775 F. Supp. 1358 (D. Mont. 1991). · cites it 18× “Finally, Defendants argue that even if the court proceeds to the merits of Plaintiffs' claim, the court should find 2 U.S.C. § 2a constitutional. Defendants contend that Congress should not be held to the same exacting standard in apportioning representatives among the states as…”
Session v. Perry, 298 F. Supp. 2d 451 (E.D. Tex. 2004). · cites it 5× “[12] See 2 U.S.C. § 2a, 2c (2003). [13] The recent decision by the Colorado Supreme Court, People ex rel.”
Show all 141 citing cases →
— 2 U.S.C. § 2a(a) — 45 cases
Franklin v. Massachusetts, 505 U.S. 788 (1992). “They cite the Senate Report for the bill that became 2 U. S. C. § 2a, which states that the President is to report "upon a problem in mathematics which is standard, and for which rigid specifications are provided by Congress itself, and to which there can be but one mathematical…”
Trump v. New York, 592 U.S. 125 (2020). “26 , 2 U. S. C. §2a(a). In that statement, the President must apply a mathematical formula called the “method of equal proportions” to the pop- ulation counts in order to calculate the number of House seats for each State.”
Utah v. Evans, 536 U.S. 452 (2002). “and the number of Representatives to which each State would be entitled," 2 U. S. C. § 2a(a); and, within 15 days of receiving that statement, the Clerk of the House of Representatives must "send to the executive of each State a certificate of the number of Representatives to…”
Branch v. Smith, 538 U.S. 254 (2003). “2 U. S. C. §§ 2a(a), (b). In 1941, Congress added to those provisions a subsection addressing what is to be done pending redistricting: "Until a State is redistricted in the manner provided by the law thereof after any apportionment, the Representatives to which such State is…”
Dep't of Com. v. United States House of Representatives, 525 U.S. 316 (1999). “" 2 U. S. C. § 2a(a). Within 15 days thereafter, the Clerk of the House of Representatives must "send to the executive of each State a certificate of the number of Representatives to which such State is entitled.”
— 2 U.S.C. § 2a(b) — 14 cases
Dep't of Com. v. United States House of Representatives, 525 U.S. 316 (1999). “" 2 U. S. C. § 2a(a). Within 15 days thereafter, the Clerk of the House of Representatives must "send to the executive of each State a certificate of the number of Representatives to which such State is entitled.”
Nat'l Ass'n v. Bureau of the Census, 382 F. Supp. 3d 349 (D. Maryland 2019).
Daggett v. Kimmelman, 535 F. Supp. 978 (D.N.J. 1982).
Detroit Int'l Bridge Co. v. Gov't of Canada, 189 F. Supp. 3d 85 (D.D.C. 2016).
Igartua-De-La-Rosa v. United States, 417 F.3d 145 (1st Cir. 2005).
— 2 U.S.C. § 2a(c) — 21 cases
Branch v. Smith, 538 U.S. 254 (2003). “2 U. S. C. §§ 2a(a), (b). In 1941, Congress added to those provisions a subsection addressing what is to be done pending redistricting: "Until a State is redistricted in the manner provided by the law thereof after any apportionment, the Representatives to which such State is…”
Arizona State Legislature v. Arizona Indep. Redistricting Comm'n, 135 S. Ct. 2652 (2015). “A three-judge District Court held, unanimously, that the Arizona Legislature had standing to sue; dividing two to one, the Court rejected the Legislature's complaint on the merits.”
League of United Latin Am. Citizens v. Perry, 548 U.S. 399 (2006).
The League of Women Voters of Florida, etc. v. Ken Detzner Opinion, 172 So. 3d 363 (Fla. 2015).
Shaw v. Hunt, 861 F. Supp. 408 (E.D.N.C. 1994).
— 2 U.S.C. § 2a(c)(2) — 4 cases
Branch v. Smith, 538 U.S. 254 (2003). “2 U. S. C. §§ 2a(a), (b). In 1941, Congress added to those provisions a subsection addressing what is to be done pending redistricting: "Until a State is redistricted in the manner provided by the law thereof after any apportionment, the Representatives to which such State is…”
Carstens v. Lamm, 543 F. Supp. 68 (D. Colo. 1982). “The Goens plaintiffs also urged the Court to adopt their proposed plan 13 which complied with the seven stated criteria or, in the alternative, to implement provisions of 2 U.S.C. § 2a(c)(2) (1979). Under this federal statute, the state would elect the “additional Representative…”
Seamon v. Upham, 536 F. Supp. 931 (E.D. Tex. 1982).
Repub. Nat'l Comm. Et Al. v. Burton Et Al., 455 U.S. 1301 (1982).
— 2 U.S.C. § 2a(c)(5) — 9 cases
Branch v. Smith, 538 U.S. 254 (2003). “2 U. S. C. §§ 2a(a), (b). In 1941, Congress added to those provisions a subsection addressing what is to be done pending redistricting: "Until a State is redistricted in the manner provided by the law thereof after any apportionment, the Representatives to which such State is…”
Alexander v. Taylor, 2002 OK 59 (Okla. 2002).
Session v. Perry, 298 F. Supp. 2d 451 (E.D. Tex. 2004). “[12] See 2 U.S.C. § 2a, 2c (2003). [13] The recent decision by the Colorado Supreme Court, People ex rel.”
Carstens v. Lamm, 543 F. Supp. 68 (D. Colo. 1982). “The Goens plaintiffs also urged the Court to adopt their proposed plan 13 which complied with the seven stated criteria or, in the alternative, to implement provisions of 2 U.S.C. § 2a(c)(2) (1979). Under this federal statute, the state would elect the “additional Representative…”
Smith v. Clark, 189 F. Supp. 2d 503 (S.D. Miss. 2002).
— 2 U.S.C. § 2a(e) — 1 case
Branch v. Smith, 538 U.S. 254 (2003). “2 U. S. C. §§ 2a(a), (b). In 1941, Congress added to those provisions a subsection addressing what is to be done pending redistricting: "Until a State is redistricted in the manner provided by the law thereof after any apportionment, the Representatives to which such State is…”
— 2 U.S.C. § 2a(iv)(II) — 1 case
Bd. of Trade of the City of Chicago v. Sec. & Exch. Comm'n, 187 F.3d 713 (7th Cir. 1999).
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