WASHINGTON, D.C. — 193 state legislators representing 48 states on Monday called on the U.S. Department of Commerce and the Census Bureau to withdraw a proposed rule that would make unprecedented changes to how the 2030 Census counts the country, warning it would undermine their constitutional redistricting authority, disrupt state budgets, and make the Census less accurate.

In a comment letter organized by State Innovation Exchange (SiX), the National Women’s Law Center (NWLC), and the Economic Policy Institute, the lawmakers urged the Department to protect state authority and withdraw the proposed rule in full.

“As officials responsible for drawing legislative and congressional districts, writing state budgets, and administering the programs our residents depend on, we see every day how Census data shape our work.” state policymakers wrote in their comment to the Commerce Department. “By redefining ‘usual residence’ to exclude most noncitizens from the count and barring the Census from asking about race or ethnicity, the Proposed Rule would make the Census less accurate, undermine our ability to draw fair maps and balance our budgets, and override state authority. We urge the Department to withdraw the Proposed Rule in full.”

The proposed rule would change who counts in the 2030 Census, where they are counted, and what data is collected. Many residents would no longer be counted, others would be counted in the wrong place, and race and ethnicity data would be prohibited. Among other harmful changes, the rule would:

• Infringe on State Legislators’ Constitutional Redistricting Role: By redefining “usual residence” to exclude noncitizens and relying on opaque tax records and administrative matching, the federal government would remove residents from primary Census files, undermining state legislatures’ constitutional authority to set population baselines and draw state legislative and congressional maps.
• Disrupt State Budgeting & Force Taxpayers to Bridge the Gap: Population-based federal funding drives state allocations for public schools, healthcare (such as Medicaid/Children’s Health Insurance Program), infrastructure, and child welfare. Severe federal undercounts will trigger funding shortfalls, leaving state legislators forced to choose between cutting essential public programs or raising state taxes to fill the budget hole.
• Remove Vital Demographic Data State Legislators Need to Draw Lawful Maps: By removing self-reported race and ethnicity questions from the decennial questionnaire, the rule eliminates the granular, block-level demographic data state legislatures and redistricting commissions strictly require to comply with the Voting Rights Act.

The legislators warn that a less accurate Census directly threatens their ability to draw fair and lawful districts, budget responsibly, and govern effectively.

The letter urges the Commerce Department and the Census Bureau to protect state authority and withdraw the proposed rule immediately and in its entirety. More analysis of the proposed changes is available at Hands Off Our Census.

Read the full letter and list of signers here.

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State Innovation Exchange (SiX) empowers, emboldens and equips state legislators to build and wield progressive governing power by/with/for the people they represent. SiX does this by providing legislators with the tools needed to shape impactful public policy and building their capacity to lead with their constituents. SiX fosters long-term collaboration between legislators – across chambers, across regions, and across state lines – and with grassroots movements.

The National Women’s Law Center (NWLC) fights for gender justice — in the courts, in public policy, and in our society—working across the issues that are central to the lives of women and girls. We use the law in all its forms to change culture and drive solutions to the gender inequity that shapes our society and to break down the barriers that harm all of us—especially women of color, LGBTQIA+ people, and women and families with low incomes. For more than 50 years, we have been on the leading edge of every major legal and policy victory for women.

The Economic Policy Institute is a nonprofit, nonpartisan think tank working for the last 40 years to counter rising inequality, low wages and weak benefits for working people, slower economic growth, unacceptable employment conditions, and a widening racial wage gap. We intentionally center low- and middle-income working families in economic policy discussions at the federal, state, and local levels as we fight for a world where every worker has access to a good job with fair pay, affordable health care, retirement security, and a union.