S3488

SENATE, No. 3488

STATE OF NEW JERSEY

221st LEGISLATURE

INTRODUCED JUNE 24, 2024

 


 

Sponsored by:

Senator JOSEPH PENNACCHIO

District 26 (Morris and Passaic)

 

 

 

 

SYNOPSIS

Requires Secretary of State to adjust census redistricting data to remove noncitizens for redistricting purposes in this State.

 

CURRENT VERSION OF TEXT

As introduced.


An Act requiring the Secretary of State to adjust the census redistricting data to remove the noncitizen population for redistricting purposes in this State and supplementing chapter 4 of Title 52 of the Revised Statutes.

 

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

1. The Legislature finds and declares that:

a. Article I, Section 2 of the United States Constitution requires that a census be conducted every 10 years.

b. The census has a profound influence on the nations democracy, as the results are used to apportion seats in the United States House of Representatives to each state, determine each states electoral votes allocated for a presidential election, and redraw congressional, state legislative, and local districts.

c. The census figures are based on actual counts of all persons living in the United States, including citizens, noncitizen legal residents, noncitizen long-term visitors, and illegal immigrants.

d. Due to the inclusion of noncitizens in the census counts, congressional, state legislative, and local districts with low numbers of noncitizens suffer politically in comparison to districts with high numbers of noncitizens.

e. Current estimates suggest that, under the leadership of President Biden, over 10 million people have illegally entered the United States.

f. The number of illegal immigrants continues to overwhelm U.S. Customs and Border Protection and the municipal services of border towns, illicit drugs like fentanyl continue to pour over the border, and the Biden administration willfully turns a blind eye to human trafficking and the safety of unaccompanied children.

g. At a hearing held on January 17, 2024 by the House Committee on Oversight and Accountability, immigration policy and law enforcement experts testified how the unilateral decisions by the Biden administration are fueling unprecedented illegal immigration and jeopardizing border security.

h. According to current estimates, the more than 10 million people who have entered the country illegally under President Biden have increased the population of illegal immigrants in the United States to more than 20 million people.

i. The total noncitizen population in the United States, including illegal immigrants, noncitizen legal residents, and noncitizen long-term visitors, is estimated to be as high as 30 million people.

j. It is imperative that the right of each American citizen to receive equal representation in government be protected from dilution.

k. It is therefore essential for the Secretary of State to adjust the census redistricting data to remove the population of noncitizens for legislative and local redistricting purposes in this State.

 

2. Notwithstanding the provisions of any law, rule, or regulation to the contrary, the data prepared by the Secretary of State under section 4 of P.L.2019, c.385 (C.52:4-1.4), together with data provided by the Census Bureau pursuant to Pub.L.94-171 (13 U.S.C. s.141), shall be adjusted by the secretary to exclude the population of noncitizens in this State. The population of this State as adjusted pursuant to this section shall be the basis of the legislative districts established by the Apportionment Commission, county districts established by each county district commission, and municipal wards established by each municipal ward commission.

 

3. This act shall take effect immediately.

 

 

STATEMENT

 

This bill requires the Secretary of State to adjust the redistricting data received from the Census Bureau to remove noncitizens for redistricting purposes in this State.

Article I, Section 2 of the United States Constitution requires that a census be conducted every 10 years. The census has a profound influence on the nations democracy, as the results are used to apportion seats in the United States House of Representatives to each state, determine each states electoral votes allocated for a presidential election, and redraw congressional, state legislative, and local districts. The census figures are based on actual counts of all persons living in the United States, including citizens, noncitizen legal residents, noncitizen long-term visitors, and illegal immigrants. Due to the inclusion of noncitizens in the census counts, congressional, state legislative, and local districts with low numbers of noncitizens suffer politically in comparison to districts with high numbers of noncitizens.

Current estimates suggest that, under the leadership of President Biden, over 10 million people have illegally entered the United States. The number of illegal immigrants continues to overwhelm U.S. Customs and Border Protection and the municipal services of border towns, illicit drugs like fentanyl continue to pour over the border, and the Biden administration willfully turns a blind eye to human trafficking and the safety of unaccompanied children. At a hearing held on January 17, 2024 by the House Committee on Oversight and Accountability, immigration policy and law enforcement experts testified how the unilateral decisions by the Biden administration are fueling unprecedented illegal immigration and jeopardizing border security. According to current estimates, the more than 10 million people who have entered the country illegally under President Biden have increased the population of illegal immigrants in the United States to more than 20 million people. The total noncitizen population in the United States, including illegal immigrants, noncitizen legal residents, and noncitizen long-term visitors, is estimated to be as high as 30 million people. It is imperative that the right of each American citizen to receive equal representation in government be protected from dilution.

This bill therefore requires the Secretary of State to adjust the census redistricting data to remove the population of noncitizens for legislative and local redistricting purposes in this State. Under this bill, the Secretary of State will be required to adjust the census data that is used for redistricting purposes, to exclude the population of noncitizens in this State. The population of this State as adjusted to remove noncitizens would be the basis of the legislative districts established by the Apportionment Commission, county districts established by each county district commission, and municipal wards established by each municipal ward commission.