This week: Trump Administration Considers Sweeping Census & Redistricting Data Changes; NYC Speaker Menin Appoints 2030 Census Task Force; Will Onondaga County Considers Compromise on Term Limits?; MEC Offers Census Bureau Redistricting Data Training-NYS Voting Rights Act Preclearance; Around The Nation
CENSUS
Trump Administration Considers Sweeping Changes to 2030 Census & Redistricting
Potential sweeping changes to the 2030 decennial census are under Trump administration review and could affect the accuracy of the census count, congressional apportionment, census data blocks for redistricting, and the data that we all rely on to improve peoples’ lives.
Two policy issues are being actively considered: a citizenship question on the census and changes to how race and ethnicity data are collected. A leaked draft rule suggests the administration may be moving on both issues at once, in a more far-reaching way than expected. If adopted as leaked, it would:
· For the first time, exclude broad categories of noncitizens from the count used to allocate congressional seats – not just undocumented immigrants, but potentially international students, H-1B visa holders, and other lawfully present noncitizens (the draft rule leaves key terms undefined).
· Stop collecting race and ethnicity data on the census altogether – something the census has done in some form since the first count in 1790.
· Jeopardize the ability of the Census Bureau to produce census blocks necessary for redistricting technology and mapping
Where Things Stand
On June 25, the Commerce Department and Census Bureau sent a proposed rule (Decennial Census of the Population of Americans; Proposed Residence Criteria and Proposed Regulations for Demographic Questions) to the Office of Management and Budget (OMB) for review. OMB recently circulated the draft within the government and Talking Points Memo obtained and published a copy of the draft. It is possible that the review process will result in changes to the proposed rule.
If the proposed rule is published in the Federal Register, the public will have an opportunity to submit comments. (Agencies are required to provide at least 30 days.) After the public comment period concludes, the Commerce Department will publish a final rule. Again, the final rule could be different than the proposal.
How It Works
The first Trump administration attempted to add a citizenship question to the 2020 Census, even though the Census Bureau found that adding such a question would impact response rates and data accuracy. That effort was stopped by the Supreme Court, and subsequent efforts using presidential directives to exclude undocumented individuals from congressional apportionment also failed.
The leaked rule takes a different approach by rewriting who counts as a “resident,” arguing that some subsets of noncitizens “are not true inhabitants, members of the body politics [sic], or persons with a ‘usual residence’ in the United States due to their lack of a sufficient tie and allegiance to the United States.” The draft therefore concludes that anyone from a foreign country who isn’t a lawful permanent resident, an “approved asylee,” or an “approved refugee” – terms the draft does not define – should not be counted for congressional apportionment. It also argues that excluding some subsets of noncitizens from the apportionment count is legal, notwithstanding the constitutional requirement to count the “whole number of persons in each State.”
The leaked rule does not describe a process by which the Census Bureau would identify and exclude subsets of undocumented individuals from the apportionment count.
On Demographic Data
The leaked rule also says, “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.” Questions on biological sex, date of birth, household relationship, and the new residence criteria (including, potentially, a citizenship question) may still be asked. The draft would allow the restricted demographic questions to be asked on the American Community Survey and other surveys “not used for the enumeration of the population.”
On Redistricting
The proposals reach redistricting on two tracks. Excluding noncitizens from the apportionment base would shift House seats and Electoral College votes among the states. Ending collection of race and ethnicity data would remove the block-level demographic detail used to draw districts and to litigate claims under the Voting Rights Act and many state laws.
Losing race and ethnicity data on the census would be an unprecedented gap. These data are used in many ways, including to understand how the country’s population is changing over time; track health outcomes, life expectancy, and disease prevention; enforce anti-discrimination laws; and allocate federal funds. The administration and Supreme Court are attempting to change how these data are used in redistricting and voting rights enforcement, but such data have been essential to civil rights enforcement.
Final Comments
The Commerce Department submitted the underlying rulemaking request in June 2026, and the proposal remains in White House review, where interested parties may request a meeting under Executive Order 12866 before a rule is drafted for publication. A July briefing on the potential proposed rule hosted by the Association of Public Data Users, the Population Reference Bureau, et al. can be viewed here.
This information is based on a leaked draft and could change substantially before – or if – it’s formally proposed. But it signals potentially profound changes to the 2030 Census and warrants close attention. We will continue to monitor the process and share updates, including information about opportunities for public comment, as they become available.
Speaker Julie Menin Announces Launch of New Council-led Census Taskforce
New York City Council Speaker Julie Menin and civic engagement leaders this week announced the launch of a new Census Taskforce and convened for the group’s inaugural meeting. In early preparation for the 2030 Census, the New York City Council Census Taskforce is bringing together community leaders, census experts, advocates, researchers, faith leaders, labor representatives, and civic institutions to inform the work of the newly established Office of the Census.
Taskforce co-chairs, in addition to Speaker Menin, include:
L. Joy Williams, President, NAACP New York State Conference
Emely Paez, Associate Vice President of Policy and Advocacy, United Way of New York City
Jeffrey M. Wice, Director, New York Elections, Census, and Redistricting Institute, and Distinguished Adjunct Professor & Senior Fellow, New York Law School
Over the course of the next year, the Taskforce will meet, conduct research and community outreach, hear feedback, and produce a report with best practices and recommendations to help New York City achieve the most complete, accurate, and inclusive census count in City history and establish the infrastructure necessary for a successful 2030 Census.
The newly established Office of the Census was spearheaded by Speaker Menin and signed into law last November, with the intent of maximizing local participation in the federal census. The goal is to start this work early to reach and engage communities across the city and educate about the importance of the Census—particularly among groups that have been historically undercounted.
“The Census determines everything from how much federal funding New York receives to our representation in Congress, which is why we can’t afford to wait until 2029 to begin preparing,” said Speaker Julie Menin. “That’s why we’re launching this Taskforce nearly four years ahead of the count and bringing together the trusted leaders who are best positioned to reach every possible New Yorker. Having led NYC Census 2020, I know that achieving a complete count takes years of planning, deep community partnerships, and vigilance against efforts like proposed citizenship question that are designed to discourage participation. Every New Yorker counts, and we’ll keep fighting to ensure every community receives the representation and resources it deserves.”
This effort is a continuation of an ongoing push from the City Council for proactive planning and investment ahead of the next count, to ensure New York receives an appropriate share of federal funding and Congressional representation.
This initiative also continues to push back against the Trump administration’s effort to include a citizenship question in the testing phase of the 2030 Census, which, if inserted into the Census, would discourage participation from New York City’s diverse communities and undermine efforts to count every New Yorker. In April, Speaker Menin and New York Attorney General Letitia James sent a joint letter to U.S. Secretary of Commerce Howard Lutnick expressing their strong opposition to the inclusion of the citizenship question in census field tests, a likely precursor to including them in the 2030 Census. In 2019, Attorney General James successfully defeated the first Trump administration’s attempts to add a citizenship question to the 2020 Census after a months-long legal battle that went to the U.S. Supreme Court.
Speaker Menin served as the Director of NYC Census 2020, in which New York City saw the highest self-response rate compared with other major cities. The City gained over 620,000 new residents, accounting for a majority of the state’s population growth since 2010.
“For New York City—the census is not just an administrative task. It is a high-stakes battle ground. Every single response dictates our political weight, our economic share, and our local quality of life. And the census count has never been more threatened as it faces threats and promises of a citizenship question, limited language outreach, fewer enumerator visits, poorer national planning, insufficient testing, a shortage of funds, the specter of federal agents interfering- the list goes on,” said Jeffrey M. Wice, Director of New York Law School’s New York Elections, Census, and Redistricting Institute and Distinguished Adjunct Professsor & Senior Fellow. “The census is not about politics in the partisan sense. It is about equity, visibility, and justice. It ensures our children have textbooks in their schools; it ensures our seniors have hot meals and reliable healthcare; it ensures our roads are safe and our transit systems function; and it ensures that when decisions are made in the halls of Congress, Albany, and City Hall, New Yorkers have a full team at the table fighting for our city. Every New Yorker matters. Every community counts. Let us work together to make sure every single New Yorker is included.”
“For Black communities, the Census is not just a statistical count, it is the bedrock of our political power and civic infrastructure. This new Census Taskforce in New York City ensures that our communities are not erased through lines drawn on a map or shortchanged in city, state, and federal funding,” said L. Joy Williams, President of the NAACP New York State Conference. “As NAACP New York State Conference prepares for the next decade and the 2030 redistricting cycle, we refuse to enter the fight for resources and representation just hoping to be heard. We are moving Black New York Forward using undeniable data to be decisive and guarantee that Black New Yorkers are accurately counted and our communities and institutions are adequately resourced.”
“A complete 2030 Census begins with trust. At United Way of New York City, we know that people are more likely to participate when they feel informed, respected, and confident that their voices matter,” said Emely Paez, Associate Vice President of Policy and Advocacy at United Way of New York City. “An accurate Census is essential to ensuring that our communities have the resources and representation they need. I am honored to serve as Co-Chair of the Census Task Force and grateful to Speaker Julie Menin and the New York City Council for this appointment. I look forward to working with partners across the city to build trust, strengthen participation, and help ensure no community is overlooked in the 2030 Census.”
ELECTIONS
Onondaga County Term Limits Remains In Court While Compromise is Considered
Democrats and Republicans in Onondaga County may meet In an effort resolve the term limits ballot question standoff. Democrats argue that County Executive Ryan McMahon’s approval of a term limits ballot question was a final action (despite McMahon’s effort to clawback his approval), the county executive is offering to move forward with two competing term limit laws, one for three terms and another for four terms. According to a state precedent, if two competing ballot questions are placed before the voters, the one with the most votes would win. However, the ballot question sponsors would have to clearly indicate the purpose and sponsors of the measures.
UPCOMING EVENTS
Learn About the Census Bureau’s Redistricting Data Program
The DuBois Bunche Center at Medgar Evers College, in partnership with the U.S. Census Bureau, invites you to join an upcoming virtual webinar:
– Thursday, August 20, 2026
– 5:00 PM – 6:00 PM (ET) Via ZOOM
– Guest Speaker: James Whitehorne, U.S. Census Bureau
This session will introduce the U.S. Census Bureau’s Redistricting Data Program and its role in supporting fair representation through the 2030 Census. Participants will learn about the program’s mission, key initiatives, and collaboration with states to meet redistricting needs.
Topics include:
Block Boundary Suggestion Project
Voting District Project
Phased delivery of 2030 Census redistricting data
This webinar is ideal for community leaders, educators, students, researchers, public officials, and anyone interested in the intersection of Census data, voting rights, and redistricting.
Registration is free. Please register by using this registration link:
https://forms.gle/hJHV32cV46b682ka7
N.Y.S. VOTING RIGHTS ACT PRECLEARANCE
1641 Albany County Board of Elections- poll site locations- under review
1722 New York City Board of Elections (Kings)- poll site locations- under review
All submissions can be viewed at: https://nyvra-portal.ag.ny.gov/
AROUND THE NATION
From The Redistrict Network (@RedistrictNet)
August 11: During Ohio’s 2020 redistricting cycle, the state Supreme Court quietly weighed transferring the Redistricting Commission’s duties down the line of succession, but ultimately declined to take that path. — @RedistrictNet [from X]
August 11: Missouri Supreme Court Chief Justice Powell has written a letter requesting that a trial court fast-track the lawsuit that will decide whether the congressional redistricting referendum reaches the Nov. 3 ballot.
State law bars any additions to the ballot after Sept. 8, so the courts have only weeks to resolve it. — @RedistrictNet [from X]
August 14: The Mississippi NAACP and ACLU have filed an emergency TRO to stop Secretary of State Michael Watson from reverting the state’s legislative districts from the 2025 maps back to the old 2022 lines.
A hearing on the underlying dispute over which maps are in effect is set for August 28. Candidates begin qualifying for those elections in January 2027. — @RedistrictNet [from X]
August 14: The Texas Supreme Court has denied an emergency motion to stop Galveston County from using a different redistricting map for the general election than the one used in the primaries.
Plaintiffs have since refiled the emergency motion in the Texas Court of Appeals — @RedistrictNet [from X]
August 15: The trial for the Missouri congressional redistricting referendum has been postponed to Wednesday, August 19, at 10am. — @RedistrictNet [from X]
INSTITUTE RESOURCES
The New York Elections, Census and Redistricting Institute has archived many resources for the public to view on our Digital Commons Page.
Our Redistricting Resources page contains resources on the John R. Lewis Voting Rights Act. You can access the page here: https://digitalcommons.nyls.edu/redistricting_resources/
Archived Updates can be accessed here: https://digitalcommons.nyls.edu/redistricting_roundtable_updates/
Please share this weekly update with your colleagues. To be added to the mailing list, please contact [email protected]
The N.Y. Elections, Census & Redistricting Institute is supported by grants from the New York Community Trust, New York Census Equity Fund, the Mellon Foundation, and the New York City Council. This report was prepared by Jeff Wice, & Jason Fierman of @RedistrictNet and Michelle Davis of Redistricting Online.