The U.S. Supreme Court currently has pending before it an apportionment/redistricting case from Texas, Evenwel v. Abbott, in which the plaintiffs challenged redistricting on the grounds that the legislature should use eligible voters, rather than total population, as the relevant measure for apportionment. Each district, in other words, should have roughly the same number of eligible voters, not the same number of people.
This would not only exclude non-citizens but also American citizens who are not registered to vote, minor children and felons. As was explained to the Justices in amicus briefs and at oral argument, there is no existing data base that would allow for such a calculation. All states rely on the decennial census population estimates from the U.S. Census Bureau.
The U.S. Constitution empowers the Congress to carry out the census in “such manner as they shall by Law direct” (Article I, Section 2). The legal authority for collecting the data resides in Title 13 of the U.S.C. or the “Census Act.”
That Census data is used not just for redistricting but for distribution formulas for federal revenue sharing to state and local communities for health, education, welfare, public safety, housing, transportation, etc.
The twisted logic of Evenwel appears to be behind the latest anti-immigrant nativist proposal from Sen. John Kavanagh, an acolyte of disgraced and recalled former Senator Russell Pearce and crazy Uncle Joe Arpaio. Lawmaker: Don’t let Census count illegal residents:
A state lawmaker wants to block communities trying to boost their revenues through a special interim census from counting residents who are not in this country legally.
The legislation crafted by Sen. John Kavanagh, R-Fountain Hills, would allow cities, towns and counties to count only those who are U.S. citizens, nationals of U.S. territories, or are legally admitted to the United States. More to the point, SB 1044 would forbid counting anyone who is an illegal immigrant.