Following House Passage, Senate Democrats Block Hagerty’s Legislation to Stop Counting Illegal Aliens in Allocating Electoral College Votes and Congressional Seats

May 16, 2024

Senate Democrats again side with illegal aliens over American citizens whose votes are being diluted

WASHINGTON—United States Senator Bill Hagerty (R-TN) today spoke on the Senate floor and sought to pass his Equal Representation Act, legislation to ensure that only citizens are factored into the count for allocating Congressional seats and Electoral College votes that determine presidential elections. The current method of counting illegal immigrants in determining representation serves as a perverse incentive under which open borders and illegal immigration boost the relative political power of the states and voters that court it. Yet, Senator Brian Schatz (D-HI) blocked Hagerty’s legislation, proving once again that Senate Democrats support counting illegal aliens in U.S. elections.

Currently, illegal immigrants are counted for congressional district apportionment and, therefore, Electoral College votes. For example, in a state like California, millions of illegal alien residents result in California receiving several more congressional seats and Electoral College votes than the state’s population of citizens would justify, as well as congressional districts with fewer citizens, whose votes therefore carry increased weight. In other words, being a magnet for illegal immigration increases the power of a Californian’s vote relative to an individual in another state with less illegal-alien population.


  • In January 2024, Hagerty led 20 of his Senate Republican colleagues in introducing the Equal Representation Act.
  • In March 2024, every single Senate Democrat voted against Hagerty’s legislation when offered as an amendment to an appropriations bill.
  • The House of Representatives passed the Equal Representation Act on May 8, 2024.
*Click the photo above or here to watch*

Senator Hagerty’s remarks and the debate exchange may be found here. Text of his remarks is below.

Senator Hagerty: Mr. President, last week, the House of Representatives passed the Equal Representation Act.

This commonsense bill would require that only U.S. citizens are counted for the purpose of allotting congressional districts and Electoral College votes.  This makes sense—in order for every American’s vote to have equal weight, only legal voters should be counted in apportioning voting power.

On the other hand, the current method of counting illegal aliens in allocating Americans’ voting power dilutes the votes of some Americans.  It also serves as a perverse incentive for open borders and sanctuary cities because resettling illegal aliens increases the relative political power of the states and voters that do so.

What was once called a conspiracy theory turned out to be an objective fact that Democrats now acknowledge.  Migrants here illegally are being counted in the census—and are counted for determining Electoral College votes and congressional seats.  Commerce Secretary Raimondo confirmed this yesterday when I asked her in a committee hearing.  It’s impossible to dispute that this policy increases the voting power of districts and states that resettle more illegal aliens.

In fact, some Democrats have even taken it a step further, calling for more illegal immigration to increase their power.

Just this year, video surfaced of a U.S. Representative from New York City—her name is Yvette Clarke—who said, when asked about illegal immigration, and I quote: “I need more people in my district just for redistricting purposes.” She represents the same district where James Madison High School told school children to study by Zoom from home last winter—so their school could be used to house illegal aliens.

What Congresswoman Clarke means, Mr. President, is Americans are fleeing blue cities and states en masse because of failing government—and congressional seats are allotted based on population—so if you’re losing population, you either have to backfill it or lose congressional seats.  That’s where the illegal aliens come in.

This congresswoman’s statement helps explain why President Biden and Democrats are allowing record-breaking illegal immigration: to preserve their political power. Since President Biden took office—alone—over 10 million illegal aliens have entered our country. That could amount to over a dozen Congressional districts.

My bill is simple, Mr. President.

It would simply require that the Census Bureau include a citizenship question to provide a basic understanding of the U.S. population—which is the purpose of the Census—and to allow for delineation between citizens and non-citizens for apportionment purposes. 

And my bill would count only citizens for purposes of congressional and Electoral College apportionment.  In other words, it would count only citizens for determining citizens’ voting power.  That way, the power of each American’s vote doesn’t depend on the number of illegal aliens in the area.

The Equal Representation Act will ensure the weight of every American’s vote is equal, restore the one-person, one-vote principle, and end the perverse incentive under which illegal immigration increases political power.


The motion was objected to by Senator Brian Schatz (D-HI), who opposed barring illegal immigrants from being counted in the allocation of congressional seats and electoral votes, in part because, “it would clearly be a disadvantage to Democrats.”