Delaware Voters Sue for Second U.S. House Seat
The lawsuit says Delaware’s 990,837 residents are underrepresented and asks a court to expand the House to 436 members for 2028.
- On Wednesday, two Delaware voters filed a federal lawsuit against Commerce Secretary Howard Lutnick, seeking to add a second House seat for Delaware by 2028. The complaint challenges the 435-seat limit established by the Permanent Apportionment Act of 1929.
- Plaintiffs David Redlawsk and Kevin Price argue Delaware's population of roughly 991,000 leaves residents with "23.2 percent less representation per person than the national average." They contend the current cap violates constitutional requirements that seats be apportioned according to population.
- The lawsuit cites Montana, which has a population of 1.08 million but holds two House seats. Attorneys argue Delaware's single seat held by Congresswoman Sarah McBride creates a "concrete and particularized injury" from this disparity.
- If Congress fails to act by a court-mandated deadline, plaintiffs ask the U.S. District Court for the District of Columbia to expand the House to 436 members. This would grant Delaware an additional seat while leaving other states' allocations unchanged.
- Previous legal challenges to the 435-seat cap in 1992 and 2010 were unsuccessful. Delaware currently has the fewest congresspeople per resident, and plaintiffs hope to secure the additional seat in time for the 2028 presidential election.
11 Articles
11 Articles
The Independent
The Independent (US)Delaware voters sue to create 436th House seat – after their state lost one in 1823
Activists argue their fellow citizens are under-represented
Delaware residents file lawsuit seeking second House seat
Two Delaware residents launched an attempt to add an additional House seat for the Diamond State in a Wednesday lawsuit against Commerce Secretary Howard Lutnick. The 21-page complaint was filed in the U.S. District Court for the District of Columbia by University of Delaware professor David Redlawsk and resident Kevin Price. Plaintiffs argue that the…
Delaware voters ask federal court to add second House seat for state
Two Delaware voters filed a lawsuit on Wednesday, asking the federal court in Washington, D.C., to add a second House seat for the First State. The plaintiffs argue that Delaware residents have “far less representation per person” in the House than voters in any other state. Montana has nearly 1.1 million people spread across two […]
Delaware Voters Sue Over Their Single House Seat
Two Delaware voters want to see the House of Representatives grow by one seat, and they're thinking to that end. University of Delaware professor David Redlawsk and Delaware resident Kevin Price filed a federal lawsuit Tuesday arguing that the 435-member cap on the House of Representatives unfairly shortchanges Delaware's roughly...
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