Apportionments Under
Article I, Section 2 of the Constitution, seats in the House of Representatives are
apportioned among the states by population, as determined by the
census conducted every ten years. Each state is entitled to at least one representative, however small its population. The only constitutional rule relating to the
size of the House states: "The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative." Congress regularly increased the size of the House to account for population growth until it fixed the number of voting House members at 435 in 1911. The Constitution does not provide for the representation of the
District of Columbia or of
territories. The
District of Columbia and the territories of
Puerto Rico,
American Samoa,
Guam, the
Northern Mariana Islands, and the
U.S. Virgin Islands are each represented by one
non-voting delegate. Puerto Rico elects a
resident commissioner, but other than having a four-year term, the resident commissioner's role is identical to the delegates from the other territories. The five delegates and resident commissioner may participate in debates. Before 2011, they were also allowed to vote in committees and the
Committee of the Whole when their votes would not be decisive.
Redistricting States entitled to more than one representative are divided into
single-member districts. This has been a federal statutory requirement since 1967 pursuant to the
Uniform Congressional District Act. Before that law,
general ticket representation was used by some states. States typically redraw district boundaries after each census, though they may do so at other times, such as the
2003 Texas redistricting. Each state determines its own district boundaries, either through legislation or through non-partisan panels.
Malapportionment is unconstitutional and districts must be approximately equal in population (see
Wesberry v. Sanders). Section 2 of the
Voting Rights Act of 1965 prohibits redistricting plans that are intended to, or have the effect of, discriminating against racial or language minority voters. While malapportionment and discrimination against racial- or language minorities are illegal, federal courts have allowed state legislatures to engage in
gerrymandering to benefit political parties or incumbents. In a 1984 case,
Davis v. Bandemer, the
Supreme Court held that districts gerrymandered for partisan ends could be struck down based on the
Equal Protection Clause, but the Court did not articulate a standard for impermissible partisan gerrymandering. In 2004, the Court ruled in
Vieth v. Jubelirer that due to the lack of standards for adjudicating claims of partisan gerrymandering, such claims were
nonjusticiable, effectively overruling
Davis. In 2019, the Court held in
Rucho v. Common Cause that partisan gerrymandering claims are
per se nonjusticiable and present
political questions rather than legal ones. In 2015, according to calculations made by
Burt Neuborne using criteria set forth by the
American Political Science Association, about 40 seats (about 9% of the total) were chosen through a genuinely contested electoral process, fewer than how many would be without partisan gerrymandering.
Qualifications Article I, Section 2 of the Constitution sets three qualifications for representatives. Each representative must: (1) be at least twenty-five (25) years old; (2) have been a
citizen of the United States for the past seven years; and (3) be (at the time of the election) an inhabitant of the state they represent. Members are not required to live in the districts they represent, but they traditionally do. The age and citizenship qualifications for representatives are less than
those for senators. The constitutional requirements of Article I, Section 2 for election to Congress are the maximum requirements that can be imposed on a candidate. Therefore, Article I, Section 5, which permits each house of Congress to be the judge of the qualifications of its own members, does not permit additional qualifications. Likewise, a state could not establish additional qualifications.
William C. C. Claiborne served in the House below the minimum age of 25. Under
section 3 of the Fourteenth Amendment, a federal or state officer who takes the requisite oath to support the Constitution, but later engages in rebellion or aids the enemies of the United States, is disqualified from becoming a representative, unless two-thirds of each house of Congress votes to remove this disqualification. This post–Civil War provision was intended to prevent those who sided with the
Confederacy from serving, but a blanket amnesty was granted in 1872 to most Confederates, followed by a total amnesty in 1898.
Elections Elections for representatives are held in every even-numbered year, on
Election Day, the first Tuesday after the first Monday in November. Pursuant to the
Uniform Congressional District Act, representatives must be elected from
single-member districts. After a census is taken (in a year ending in 0), the first year ending in 2 is the first year in which elections for U.S. House districts are based on that census. The Congress based on those districts starts its term on the following January 3. As there is no legislation at the federal level mandating one particular system for elections to the House, systems are set at the state level. As of 2022,
first-past-the-post or
plurality voting is used in 46 states, electing 412 representatives.
Ranked-choice or
instant-runoff voting is in two states, Alaska and Maine, electing 3 representatives.
Two-round system are in two states, Georgia and Louisiana, electing 20 representatives. Elected representatives serve a two-year term, with no term limit. In most states, major party candidates for each district are nominated in partisan
primary elections, typically held in spring to late summer. In some states, the Republican and Democratic parties choose their candidates for each district in their
political conventions in spring or early summer, which often use unanimous voice votes to reflect either confidence in the incumbent or the result of bargaining in earlier private discussions. Exceptions can result in so-called floor fights—convention votes by delegates, with outcomes that can be hard to predict. Especially if a convention is closely divided, a losing candidate may contend further by meeting the conditions for a primary election. The courts generally do not consider
ballot access rules for
independent and
third party candidates to be additional qualifications for holding office and no federal statutes regulate ballot access. As a result, the process to gain ballot access varies greatly from state to state, and may depend on a party's performance in previous years' elections; this typically only affects
third parties. In 1967, Congress passed the
Uniform Congressional District Act, which requires all representatives to be elected from single-member-districts. Following the
Wesberry v. Sanders decision, Congress was motivated by fears that courts would impose
at-large plurality districts on states that did not redistrict to comply with the new mandates for districts roughly equal in population. Congress also sought to prevent attempts by southern states to use such voting systems to dilute the vote of racial minorities. Several states have used multi-member districts in the past, although only two states (Hawaii and New Mexico) used multi-member districts in 1967.
Non-voting delegates Historically, many
territories have sent
non-voting delegates to the House. While their role has fluctuated over the years, today they have many of the same privileges as voting members, have a voice in committees, and can introduce bills on the floor, but cannot vote on the ultimate passage of bills.
The District of Columbia and the five inhabited
U.S. territories each elect a delegate. A seventh delegate, representing the
Cherokee Nation, has been formally proposed but has not yet been seated. An eighth delegate, representing the
Choctaw Nation, is guaranteed by treaty but has not yet been proposed. Some territories choose to also hold elections for
shadow representatives. Elected shadow representatives are not members of the House and are separate individuals from their polities' official non-voting delegates.
Terms Representatives and delegates serve for two-year terms. A
resident commissioner, a kind of delegate, serves for four years. A term starts on January 3 following the election in November. The U.S. Constitution requires that vacancies in the House be filled with a special election. The term of the replacement member expires on the date that the original member's would have expired. The Constitution permits the House to
expel a member with a two-thirds vote. In the history of the United States, only six members have been expelled from the House. In 1861, three were removed for supporting the Confederate states' secession: Democrats
John Bullock Clark of Missouri,
John William Reid of Missouri, and
Henry Cornelius Burnett of Kentucky. In 1980, Democrat
Michael Myers of Pennsylvania was expelled after his criminal conviction for accepting bribes. In 2002, Democrat
James Traficant of Ohio was expelled following his conviction for corruption. In 2023, Republican
George Santos was expelled after he was implicated in fraud by both a federal indictment and a
House Ethics Committee investigation. The House also has the power to formally
censure or reprimand its members. Censure or reprimand of a member requires only a simple majority, and does not remove that member from office. , 24 members have been censured. ==Comparison to the Senate==