Groups look to intervene in case challenging inclusion of all residents in congressional apportionment count
LAFAYETTE, La. — Today, the Southern Poverty Law Center (SPLC) filed a motion to intervene in Louisiana v. U.S. Department of Commerce on behalf of the League of Women Voters of the United States (LWV), the League of Women Voters of Florida (LWVFL), and the League of Women Voters of New York State (LWVNYS). Brought by the plaintiff states of Louisiana, Kansas, Ohio, and West Virginia, the lawsuit seeks to exclude some undocumented persons and holders of temporary visas from the census count used to allocate congressional seats and Electoral College votes.
The Constitution and federal law require that all residents – not just citizens – be counted to ensure fair representation and equitable distribution of federal resources. If successful, plaintiff states would ignore the law and unfairly penalize states with large immigrant populations by stripping them of their congressional seats, electoral votes, and any federal funding tied to population.
“This case isn’t just about numbers—it’s about who has a voice in America. Ever since the Civil War, we have counted the total population when distributing congressional seats and Electoral College votes. Now, the plaintiffs want to abandon this longstanding practice, which is wrong and undemocratic,” said Avner Shapiro, senior supervising attorney, SPLC. “The Constitution is clear: representation must be based on ‘the whole number of persons,’ regardless of their immigration status. The SPLC is stepping in because the government cannot be trusted to defend this basic democratic principle.”
“For over a century, the League has fought to ensure every voice is heard in our democracy. This lawsuit is a direct attack on that principle. Excluding people based on immigration status undermines the very purpose of the U.S. Census, which is to provide quality data about the economy and residents,” said Celina Stewart, CEO, League of Women Voters of the US. “We won’t stand by while politicians, in a pathetic political attempt to unlawfully consolidate power, muddy our data and overturn long-standing legal principles that make sure every person in the U.S. is counted.”
“This lawsuit is a direct attack on Florida’s communities,” said Cecile M. Scoon, Esq. and Debbie Chandler, Esq., co-presidents, League of Women Voters of Florida. “The United States Constitution mandates that every Florida resident, regardless of citizenship status, must be counted in the Census – and an accurate count is necessary to ensure that all Florida residents receive proper and equitable representation. Failure to follow the Constitutional directive to count all residents causes direct harm to citizens and non-citizen residents alike.”
“New York has long stood as a beacon for newcomers to our nation, and immigrants are the backbone of many New York communities today,” said Nancy Rosenthal, president, League of Women Voters of New York. “It is unconscionable that this lawsuit seeks to erase their very presence in the state, and we look forward to fighting back against this unconstitutional claim in court.”
Excluding millions of people from the Census count would distort democracy, weaken voting power, and create a permanent class of disenfranchised people who contribute to their communities but are denied representation in government. The SPLC and League of Women Voters will fight to protect the integrity of apportionment law, which is based on total population and the principle of equal representation.
About the Southern Poverty Law Center
The Southern Poverty Law Center is a catalyst for racial justice in the South and beyond, working in partnership with communities to dismantle white supremacy, strengthen intersectional movements, and advance the human rights of all people. For more information, visit www.splcenter.org.
About the League of Women Voters
The League of Women Voters is a nonpartisan, grassroots organization, working to protect and expand voting rights and ensure everyone is represented in our democracy. We empower voters and defend democracy through advocacy, education, and litigation, at the local, state, and national levels.
About the League of Women Voters of Florida
The League of Women Voters of Florida, a nonpartisan organization, encourages informed and active participation in government, works to increase understanding of major public policy issues, and influences public policy through education and advocacy.
About the League of Women Voters of New York State
The League of Women Voters of New York State, a nonpartisan political organization, encourages informed and active participation in government, works to increase understanding of major public policy issues, and influences public policy through education and advocacy.