In a Federal Register Notice (FRN) posted on September 10, 2026, the Department of Commerce and the Census Bureau proposed sweeping changes in the data to be collected in the 2030 Census, who would be included in apportionment of congressional representation, and how census residency would be determined. If implemented as proposed, these changes would have dramatic impacts on who would be counted for apportionment of congressional representation and the place where those people are counted. The enumeration (total count) would be impacted because many people will not respond out of fear.

Residence Rule Changes (Part 60)

The Census Bureau is proposing the following changes in determining who is counted and where they are counted for the purpose of apportionment:

• While the total number of persons would be counted for enumeration (total count), only U.S. citizens or “lawful permanent residents” (green card holders) would be counted for the purpose of apportionment. Any non-citizens without lawful permanent resident status would be excluded from the apportionment base provided by the Census Bureau to the President and Congress.

• Change the definition of “usual residence” to be “the residence at which they have lawfully spent the greatest number of days during the census enumeration period” which will be defined as January 3 to April 1. It also allows the Census Bureau to use federal tax records to verify/determine residence.  Historically this has been based on where a person usually lives and sleeps as of April 1.

• Although not part of the proposed change, the census would either include a question about legal residency status or the Census Bureau would use federal administrative records to determine who is counted for apportionment. Either approach raises concerns about the accuracy of the population figures used for apportionment.

Collection of Demographic Information (Part 70)

The Census Bureau proposes “establishing standards and restrictions for the inclusion of certain demographic questions on the decennial census short- form questionnaire” in order to establish “a process that factors in an element of allegiance but otherwise should be colorblind and should not be distorted in any way by questions about immaterial personal characteristics, such as race.” By contrast, the 2020 Census Short form requested information about respondents’ demographics. The options included whether someone was White, Black or African American, Hispanic, or a member of another racial or ethnic group. 

The proposed change states that “No question about race, ethnicity, or sexual orientation shall appear on the short form decennial census questionnaire or any questionnaire used for the enumeration of the population.”

Impacts

The change in residency rules has the following impacts:

• Results in undercounting the number of residents for purposes of Congressional apportionment by omitting anyone who is not a citizen or a permanent legal resident (as required by the 14th Amendment to the Constitution).
• Will count some people for enumeration and apportionment in places other than their normal residence if they have recently moved to a new place, or are on extended vacation, work assignments, or attending school away from their normal residence during the census enumeration period of January 3 – April 1. For Minnesota, there could be a significant impact due to counting people spending the winter in warmer climates (e.g., southern states) at those winter residences. This will result in both a loss of representation for some states and a gain in others.
• Inaccurate assignment of residence in the census impacts the allocation of federal funds by at least 371 federal programs which direct over $2.2 trillion to state agencies, local governments, nonprofit organizations, educational institutions, companies, and households, including $36 billion to Minnesota annually.

While the American Community Survey (ACS) can still collect demographic information, the elimination of demographic information from the census will:

• Impact the ability to ensure post-Census redistricting ensures equitable representation for racial and ethnic groups.
• Limits complete, current and accurate information with which to provide foreign language information and assistance to voters.
• Prevents the current or future census from asking questions about demographics and sexual orientation to assess the conditions and needs of diverse communities.
• Impact the accuracy of the ACS and annual population estimates.   According to the Census Bureau’s own assessment, “The accuracy of ACS total‑population estimates may decline because the ACS will not have an updated full count of the U.S. population. Between censuses, the Census Bureau creates interim population estimates and revises them when new decennial census data become available. The ACS relies on those interim estimates to generate its sampling weights. Without new decennial census data to recalibrate those estimates, the ACS population estimates will become less reliable.”

What You Can Do

While there will likely be legal actions on some aspects of the proposed changes, it is critical that people let the Commerce Department and Census Bureau know that proposed changes are bad for voters and are bad for the residents of Minnesota. The quantity of comments is a key indicator of public interest that can be referenced in litigation and by lawmakers. Any unique and legally relevant comment must be specifically addressed before finalizing the regulations. Public comments are due by November 2 (9 pm CT).

• Send a message expressing your opposition using the LWV Action Alert here. Note that this Action Alert does identify specific concerns about the enumeration impacts due to the limited period for residence in enumeration or impacts of eliminating demographics on redistricting and voting rights enforcement.
• Submit your own comments directly to the Commerce Department and Census Bureau through this link. 
• Submit your comments through the Federal Register webpage comment button here (Us the “Submit a public comment” button). 

Tips:

• You can respond anonymously.  This is a public record, so include only information that you would want to be shared externally. They seem to be stripping emails and names, but there is no guarantee that will continue.  
• Include these docket numbers in your comments: 
  • Docket No. USBC-2026-0628
  • Docket No. 260903-0005, RIN 0607-AA75
  • In your comments, be sure to reference which part(s) of the proposed rules are of concern and why: the Residence Rule AND/OR Demographic Rules.  The FRN is written specifically to be “severable”, so that one part can move forward without the other.   Comments must be able to be allocated to one or both rules. 
• Responding to public comment is not considered lobbying for nonprofit organizations.

Learn more:

Refer to the LWV webpage on Guidance for Leagues: Census Proposed Residence Rule Changes for additional information and references.