Model Resolution Restricting the Use of Random Sampling Techniques for Census Counting Exposed

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The Model Resolution Restricting the Use of Random Sampling Techniques for Census Counting is listed under ALEC's Public Safety and Elections Task Force and was included in the 1998 ALEC Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

CMD's Bill Summary

This Resolution opposes the use of statistical sampling to "adjust" U.S. Census results, a partisan issue that continues to rankle those on the right. The issue began after the 1990 census missed counting around 8 million people -- mostly immigrants and urban people of color -- and the use of statistical sampling to correct for the under-counting has been a suggested solution. Census data is used to allocate federal funds, and also reapportion the 435 seats in the House of Representatives and redraw legislative lines. Urban immigrants and minorities tend to vote for Democrats and counting their numbers will increase the power of urban areas in terms of congressional districts and spending.

The 2000 Census cost $13 billion, mostly for field work for individual counting; random sampling may also cut costs. Countries like Canada have used far less costly alternatives than the U.S. method for centuries.

ALEC Resolution Text

WHEREAS, the U.S. Constitution requires an enumeration of the population every ten years, and entrusts Congress with overseeing all aspects of each decennial enumeration;

WHEREAS, the sole constitutional purpose of the decennial census is to apportion the seats in Congress among the several states;

WHEREAS, an accurate decennial census is necessary to properly apportion U.S. House seats among the 50 states and to create legislative districts within the states;

WHEREAS, an accurate decennial census is necessary to enable states to comply with the constitutional mandate of drawing state legislative districts within the states;

WHEREAS, Article I, Section 2 of the U.S. Constitution, in order to ensure an accurate count, and to minimize the potential for political manipulation, mandates an “actual enumeration” of the population, which requires a physical headcount of the population and prohibits statistical guessing or estimates of the population;

WHEREAS, Title 13, Section 195 of the U.S. Code, consistent with this constitutional mandate, expressly prohibits the use of statistical sampling to enumerate the U.S. population for the purpose of reapportioning the U.S. House; WHEREAS, consistent with these principles, no person known to exist should ever be deleted from the census enumeration;

WHEREAS, every reasonable and practical effort should be made to obtain the fullest and most accurate count of the population as possible, including appropriate funding for state and local census outreach and education programs; as well as provision for post census review; and

WHEREAS, the Census Bureau has proposed to use two population-polling techniques in the {insert year} decennial census, known as “sampling for non-response follow-up” and the “Integrated Coverage Measurement Survey;”

THEREFORE, BE IT RESOLVED, that {insert legislative body} calls on the Bureau of the Census to conduct the {insert year} census consistent with the aforementioned constitutional and legal mandates, which require a physical headcount of the population and bars the use of statistical sampling to create, or in a any way adjust the count;

BE IT FURTHER RESOLVED, that {insert legislative body} opposes census numbers for state legislative redistricting that have been determined in whole or in part by the use of random sampling techniques or other statistical methodologies that add or subtract persons to the census counts based solely on statistical inference; and

BE IT FURTHER RESOLVED, that {insert legislative body} urges Congress, as the branch of government assigned the responsibility of overseeing the decennial enumeration, to take whatever steps are necessary to ensure that the {insert year} census is conducted fairly and legally; and

BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to the Speaker of the U.S. House of Representatives, Majority Leader of the U.S. Senate, Vice President and the President of the United States.


*Technical amendments added October 2009, adding “{insert year}” in place of “2000.”


Sourcebook of American State Legislation, 1998