The Federal Role in Apportionment and Congressional Redistricting: CRS Resources

The Federal Role in Apportionment and Congressional Redistricting: CRS Resources

INSIGHTi
The Federal Role in Apportionment and
Congressional Redistricting: CRS Resources
October 26, 2022

This Insight is part of a series of podcast episodes and accompanying written products on elections and campaign finance
policy. Congressional staff can access the podcast episode on this topic at this link. For other episodes in the series,
seeCRS Insight IN12037, Elections and Campaign Finance Policy: A CRS Podcast Series, by Karen L. Shanton.
Most U.S. House districts are adjusted at least once every 10 years to reflect shifts in the population. New
districts are a product of
 apportionment, or real ocation of House seats among states; and
 redistricting, or redrawing of House district boundaries within states.
This Insight explores the current, past, and possible future roles of the federal government in these
processes. It briefly summarizes each role, with links to CRS products that contain more detailed
information. For more on apportionment and redistricting in general, see CRS Report R45951,
Apportionment and Redistricting Process for the U.S. House of Representatives, by Sarah J. Eckman.
Current Role
The federal government plays two main roles in the apportionment and redistricting processes: (1)
providing population data for use in the processes through the Census Bureau, and (2) setting federal
parameters for the processes through the Constitution, federal statutes, and federal court interpretations of
constitutional and statutory provisions. The Department of Justice (DOJ) also provides enforcement of
certain federal parameters.
Census Bureau
The al ocation of House seats among states is based on the apportionment population, which includes
state resident and overseas population counts collected by the Census Bureau in the decennial census. The
Census Bureau also provides additional data for use in redistricting on state request.
Congressional Research Service
https://crsreports.congress.gov
IN12038
CRS INSIGHT
Prepared for Members and
Committees of Congress

Congressional Research Service
2
 “Population Equality” in Apportionment and Redistricting Process for the U.S. House of
Representatives.
 CRS Report R46237, The 2020 Census: Frequently Asked Questions, by Jennifer D.
Wil iams.
 CRS Report R44788, The Decennial Census: Issues for 2020, by Jennifer D. Wil iams.
 CRS In Focus IF11015, The 2020 Decennial Census: Overview and Issues, by Jennifer
D. Wil iams.
Constitution, Federal Law, and the Federal Courts
The decennial census is required by the Constitution. The Constitution and federal statutes also set other
parameters for the apportionment process and its inputs, such as the number of seats in the House, the
timing and method of al ocating seats among states, and the requirement to use single-Member districts.
The Voting Rights Act of 1965, as amended, prohibits states from drawing redistricting maps that deny or
abridge the right to vote on the basis of race, color, or language minority status, with enforcement by
DOJ. Some court rulings have had the effect of setting additional federal parameters for redistricting,
including the population equality standard and standards of equal protection under the Fourteenth
Amendment. Other rulings have had the effect of removing federal constraints or classifying certain
issues as the purview of state legislatures or Congress rather than the federal courts.
 “Apportionment Process” and “Federal Requirements/Guidelines for Redistricting:
History and Current Policy” in Apportionment and Redistricting Process for the U.S.
House of Representatives.
 CRS Report R44798, Congressional Redistricting Law: Background and Recent Court
Rulings, by L. Paige Whitaker.
 CRS Legal Sidebar LSB10639, Congressional Redistricting 2021: Legal Framework, by
L. Paige Whitaker.
 CRS Legal Sidebar LSB10324, Partisan Gerrymandering Claims Not Subject to Federal
Court Review: Considerations Going Forward, by L. Paige Whitaker.
 CRS Legal Sidebar WSLG1752, Supreme Court Rules Racial Gerrymandering Claims
Do Not Require Conflict with Traditional Redistricting Criteria, by L. Paige Whitaker.
 CRS Insight IN11547, Size of the U.S. House of Representatives, by Sarah J. Eckman.
 CRS Testimony TE10033, History and Enforcement of the Voting Rights Act of 1965, by
L. Paige Whitaker.
Role of the States
Within the federal parameters described above, states determine when congressional district maps are
drawn; who draws them, such as state legislatures or redistricting commissions; and how they are drawn,
including which criteria to consider and whether or how to prioritize those criteria.
 “State Processes for Redistricting” and “Other Redistricting Considerations” in
Apportionment and Redistricting Process for the U.S. House of Representatives.
 CRS Insight IN11053, Redistricting Commissions for Congressional Districts, by Sarah
J. Eckman.
 CRS Insight IN11618, Congressional Redistricting Criteria and Considerations, by
Sarah J. Eckman.

Congressional Research Service
3
Past Role
From the late 18th to the early 20th century, Congress tended to pass new legislation for each
apportionment cycle that determined how seats would be al ocated among the states and, in some cases,
set specific criteria for redistricting. The apportionment acts of 1929 and 1941 largely established the
more automated process used for apportionment today but, unlike some of the previous acts, did not set
specifics for redistricting.
 “Federal Requirements/Guidelines for Reapportionment: History and Current Policy” and
“Federal Requirements/Guidelines for Redistricting: History and Current Policy” in
Apportionment and Redistricting Process for the U.S. House of Representatives.
Possible Options for Future Roles
The federal government currently plays a significant role in apportionment and a more limited role in
redistricting. Congress might choose to keep that structure in place, maintaining the current kinds and
levels of federal involvement.
Some have also proposed changing the federal role in apportionment or redistricting. Members have
introduced legislation that would make changes to the apportionment population, for example, or require
or encourage changes to the redistricting process, such as by requiring or funding redistricting
commissions or requiring or prohibiting use of certain redistricting criteria.
A motivation some cite for proposing changes to redistricting is to try to ensure one of various measures
of fairness or responsiveness in congressional representation. Some have suggested that such objectives
might also be achieved by making broader changes to the structure of representation, such as increasing
the size of the House or using a proportional representation system with multi-Member districts.
 “Congressional Options Regarding Redistricting” in Apportionment and Redistricting
Process for the U.S. House of Representatives.
 CRS In Focus IF11908, Voting Rights Act and H.R. 4 (117th Congress): An Overview, by
L. Paige Whitaker and R. Sam Garrett.
 CRS Insight IN11053, Redistricting Commissions for Congressional Districts, by Sarah
J. Eckman.
 CRS Insight IN11618, Congressional Redistricting Criteria and Considerations, by
Sarah J. Eckman.
 CRS Insight IN11547, Size of the U.S. House of Representatives, by Sarah J. Eckman.

Author Information

Sarah J. Eckman
Karen L. Shanton
Analyst in American National Government
Analyst in American National Government

Congressional Research Service
4
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United
States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However,
as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the
permission of the copyright holder if you wish to copy or otherwise use copyrighted material.

IN12038 · VERSION 1 · NEW