On Sept. 10, 2026, the Census Bureau published a Notice of Proposed Rulemaking (NPRM) on the Federal Register for a proposed change to the residence rule that would impact who is included in census apportionment data. The notice also includes a proposal to remove questions about race and ethnicity in addition to banning the future addition of questions about sexual orientation and gender identity (SOGI) to the census.
The League and our partners believe this proposal is unconstitutional and violates federal law. The constitutional and statutory framework underlying the census reflect an affirmative decision, originally made by the Framers and consistently reaffirmed by Congress since, that the census should count all people who reside in a state, regardless of their immigration status, age, or eligibility to vote.
LWVUS advocacy has prepared detailed guidance for action related to the proposed rule, which are included below. These include an overview of the rule and an FAQ, template comments for state and local Leagues, guidance for individual members on submitting via LWV's action alert, and partner resources.
As of Oct. 2, the Department of Commerce and Census Bureau have granted an extension until Nov. 2. While the League welcomes this extension, we still find it prudent that a full 90 days are provided for public comment until Dec. 10.
Guidance for League Members Submitting Individual Comments
- Submit comments using our live LWV Action Alert by November 2nd, 2026.
- Tell Secretary Lutnick to roll back the new census rule.
- Talk about how this rule would affect your community.
- Give specific examples of how important accurate census data is for your community.
- If you can share a personal or community story, share it. The more unique comments in opposition to this rule, the better.
- Encourage your friends, family, and community members to submit their own comments as well through the LWV Action Alert.
Guidance for State and Local Leagues Comments
Instructions: This template is designed for state and local Leagues who are submitting comments on behalf of their organization. Be sure to fill in the customization fields and to check partner resources linked below for helpful guides to census data related topics, including but not limited to: race and ethnicity data, SOGI (sexual orientation and gender identity) data collection, and census informed federal funding data. Submit your comments by November 2nd, 2026.
Download the state & local League template with complete instructions here.
Partner Resources
We’ve provided links to some partner resources that could be helpful in better tailoring your League’s comments or your individual comments as a League member.
- Hands Off Our Census, comprehensive partner resources
- National Conference on Citizenship, A Primer on Census Data
- This report from Project on Government Oversight (POGO) includes state-by-state fact sheets detailing the amount of Census-guided federal funding each state receives.
- Leadership Conference on Civil and Human Rights, factsheet
- National Council of Nonprofits, comment guide
