Press Release: 01/11/2019

Lawsuit For Equal Representation at the House of Representatives

New York City: Demanding equal representation for all Americans at the House of Representatives, Equal Vote America has filed a lawsuit against Congress at the U.S. District Court for the Southern District of New York (CASE #: 1:19-cv-00311).

At the Constitutional Convention 1787, James Madison proposed the Virginia Plan in which the population would elect the members of the lower house, which in turn would elect the members in the upper house. William Patterson countered with the New Jersey Plan, which called for equal representation of each state in a unicameral legislature. The convention almost fell apart until the founding fathers reached the Great Compromise — literally the founding agreement for the Union — to establish a bicameral legislature where the populace was represented at the House of Representatives, and the states were represented at the Senate. Hence, the Constitution provides:

In fact, Washington, advised by Jefferson, exercised the very first presidential veto in 1792 over the first apportionment bill precisely because these two founding fathers felt the bill failed to comply with the aforementioned founding agreement.

However, the current apportionment laws since 1911 have caused significant unequal representation at the House of Representatives. Based on the 2010 Census Data, for example:

CA, TX, NY and FL have been deprived of at least 13, 9, 7 and 6 house seats, respectively. In fact, residents of the 39 populous states (over 95% of national population) have been under-represented by at least 110 house seats in total. Click MyState to see how many house seats your state is deprived of. Click for State-by-State Unequal Representation.

Therefore, Congress has collectively dishonored the founding agreement reached by the founding fathers, and violated the Constitution Article I, § 2 which mandate allocation of house seats to be proportional to each state’s population.

Furthermore, the significant under-representation at the House of Representatives has violated over 95% of Americans’ constitutional rights with respect to …

Were our founding fathers alive today, they would certainly be horrified and outraged by what the existing Apportionment Acts have done for more than 100 years and counting, Washington and Jefferson would have vetoed all of them without any hesitation.

The redress sought is for the Court to review and declare the existing apportionment laws governing the current cap and allocation of house seats UNCONSTITUTIONAL.

Congress has the power and the duty to immediately rectify its collective failure since 1911. It has been long overdue for Congress to enact new apportionment laws that will not only restore honor with the Great Compromise and our founding fathers, but also uphold all Americans’ fundamental rights to equal representation at the House and equal vote in electing house representatives with respect to Article I § 2, Article IV § 2, the First, the Fifth and the Fourteenth Amendments.

Since the aforementioned injustice has been imposed upon over 95% of Americans,

  1. we invite all fellow Americans to join our lawsuit by completing the affidavit and sending it to:
  2. we encourage every American to contact your U.S. House Representative and two U.S. Senators, and urge them to pass a new apportionment law according to the founding agreement and the Constitution.


Click and watch the brief overview of our Equal Representation Lawsuit.


Spread the word, and come join us to fight for equal voting right, our democracy and the founding ideal of our country! 



A Brief Overview

The Equal Vote America Lawsuit

The History of Electoral College

The Cases Against Electoral College

Flawed Arguments for Electoral College

The Long Hard-fought Journey