The U.S. Constitution determines the maximum and minimum size of the House of Representatives as well as the nature of the population upon which any apportionment is determined. From time to time, commentators and Members of Congress raise the issue, proposing to change the population upon which the apportionment of House seats is based from "persons" to "citizens." This report examines the impact on the apportionment of seats in the House of Representatives if such a change were to occur, using an estimate of the 2013 citizen population in place of the 2010 apportionment population to determine the distribution of seats in the House of Representatives for the 114 th Congress. In addition, the apportionment of seats in the 114 th Congress is shown using an estimate of the 2013 total apportionment population as well. Constitutional Issue

According to Section 2 of the 14 th Amendment to the U.S. Constitution,
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State , excluding Indians not taxed. 11 , a constitutional amendment that provided for the apportionment of seats in the House of Representatives based on the citizen population rather than total population. 2010 Apportionment Population and Its Components

 Table 1 shows this information for each state for the 2010 apportionment population. The values in columns 2-4 in Table 1 were the population values used in determining the allocation of seats in the U.S. House of Representatives to the states for the 2012 apportionment process, which produced the seat distribution in the U.S. House of Representatives for the 113 th Congress. Apportioning Seats to the House of Representatives Using Citizen Population Estimates

If the citizen population had been the basis of apportioning the seats in the House of Representatives after the 2000 census, it was estimated that nine seats would have shifted among 13 states relative to the actual apportionment. California would lose 4 seats, and Florida, New York, and Texas would each lose 1 seat. On the other hand, Louisiana, Missouri, Montana, North Carolina, Ohio, Oklahoma, and Virginia would each pick up a single seat, if the estimated 2013 citizen population were used to apportion seats today rather than the 2010 census population. Using the Citizen Population in the Redistricting Process Rather than in the Apportionment Process

The apportionment process determines the number of House seats that are allocated to each state (and, subsequently, the number of electoral votes). Changing the Apportionment Method

The apportionment of the seats in the U.S. House of Representatives is determined by four factors: the population size within the states, the number of seats to be allocated, the method or formula used, and the number of states in which seats are apportioned. As a consequence, it could be argued that such a method is less representative than the current method.
Congressional apportionment is the process of determining the number of Representatives to which each state is entitled in the U.S. House of Representatives based on the decennial census of population. Congressional redistricting, often confused with apportionment, is the process of revising the geographic boundaries of areas from which voters elect Representatives to the House. The apportionment process is a function of four factors: (1) population size, (2) the number of Representatives or seats to be apportioned, (3) the number of states, and (4) the method of apportionment.
Recently, some commentators and Members of Congress have called for a change in the nature of the population used to apportion seats in the U.S. House of Representatives, advocating a change from using all "persons" to using all "citizens." Section 2 of the 14th Amendment to the U.S. Constitution states that "Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed." Consequently, such a change would appear to necessitate a constitutional amendment.
This report examines the impact on the apportionment of seats in the House of Representatives if such a change were to occur, using an estimate of the 2013 citizen population in place of the 2010 apportionment population to determine the potential distribution of seats in the House of Representatives for the 114th Congress. In addition, the apportionment of the House of Representatives is shown using an estimate of the 2013 total apportionment population, as well.
If the apportionment of seats in the House of Representatives for the 114th Congress were to be based on the 2013 estimated citizen apportionment population rather than the 2010 total apportionment population, as required by the Constitution, it is estimated that seven seats would shift among 11 states. California would lose four seats relative to its actual distribution of seats as a result of the 2010 apportionment. Texas, Florida, and New York would each lose one seat relative to the number of seats received in the 2010 apportionment.
On the other hand, Louisiana, Missouri, Montana, North Carolina, Ohio, Oklahoma, and Virginia would each pick up a single seat, if the 2013 citizen population were used to apportion seats rather than the 2010 total apportionment population. Using citizenship status to apportion the seats in the U.S. House of Representatives tends to benefit states with smaller immigrant populations and cost states with larger immigrant populations.
For those seeking to change the current population standard for apportioning the seats in the House of Representatives, there appears to be at least three possible choices. First, and most obvious, amend the U.S. Constitution. Second, use the citizen population in the redistricting process to geographically define the congressional districts. Or third, change the apportionment law to adopt an apportionment formula that, when used with the total population, mimics the apportionment distribution that occurs when using the citizen population.