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2 U.S.C. § 2b — Number of Representatives from each State in 78th and subsequent Congresses
Federal law — U.S. Code and appendices · legal_authorities
Each State shall be entitled, in the Seventy-eighth and in each Congress thereafter until the taking effect of a reapportionment under a subsequent statute or [section 2a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section2a&num=0&edition=prelim), to the number of Representatives shown in the statement transmitted to the Congress on January 8, 1941, based upon the method known as the method of equal proportions, no State to receive less than one Member.
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Source location: Title 2, Chapter 1, § 2b; chapter-001-election-of-senators-and-representatives.md
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Each State shall be entitled, in the Seventy-eighth and in each Congress thereafter until the taking effect of a reapportionment under a subsequent statute or [section 2a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section2a&num=0&edition=prelim), to the number of Representatives shown in the statement transmitted to the Congress on January 8, 1941, based upon the method known as the method of equal proportions, no State to receive less than one Member.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** On the first day, or within one week thereafter, of the first regular session of the Eighty-second Congress and of each fifth Congress thereafter, the President shall transmit to the Congress a statement showing the whole number of persons in each State, excluding Indians not taxed, as ascertained under the seventeenth and each subsequent decennial census of the population, and the number of Representatives to which each State would be entitled under an apportionment of the then existing number of Representatives by the method known as the method of equal proportions, no State to receive less than one Member.
**(b)** Each State shall be entitled, in the Eighty-third Congress and in each Congress thereafter until the taking effect of a reapportionment under this section or subsequent statute, to the number of Representatives shown in the statement required by subsection (a) of this section, no State to receive less than one Member. It shall be the duty of the Clerk of the House of Representatives, within fifteen calendar days after the receipt of such statement, to send to the executive of each State a certificate of the number of Representatives to which such State is entitled under this section. In case of a vacancy in the office of Clerk, or of his absence or inability to discharge this duty, then such duty shall devolve upon the Sergeant at Arms of the House of Representatives.
**(c)** Until a State is redistricted in the manner provided by the law thereof after any apportionment, the Representatives to which such State is entitled under such apportionment shall be elected in the following manner: (1) If there is no change in the number of Representatives, they shall be elected from the districts then prescribed by the law of such State, and if any of them
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Federal law — U.S. Code and appendices · legal_authorities
Page 9
TITLE 2—THE CONGRESS
§ 7
(June 18, 1929, ch. 28, § 22, 46 Stat. 26; Apr. 25,
1940, ch. 152, 54 Stat. 162; Nov. 15, 1941, ch. 470, § 1,
55 Stat. 761; Pub. L. 104–186, title II, § 201, Aug.
20, 1996, 110 Stat. 1724.)
Editorial Notes
AMENDMENTS
1996—Subsec. (b). Pub. L. 104–186 struck out at end
‘‘; and in case of vacancies in the offices of both the
Clerk and the Sergeant at Arms, or the absence or in-
ability of both to act, such duty shall devolve upon the
Doorkeeper of the House of Representatives’’.
1941—Act Nov. 15, 1941, provided for reapportionment
based on seventeenth and subsequent decennial cen-
suses.
1940—Act Apr. 25, 1940, provided for reapportionment
based on sixteenth decennial census.
Statutory Notes and Related Subsidiaries
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of law requiring submittal to Congress of any annual,
semiannual, or other regular periodic report listed in
House Document No. 103–7 (in which the report required
by subsec. (a) of this section is listed on page 17), see
section 3003 of Pub. L. 104–66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance.
CONSTITUTIONAL PROVISIONS
Apportionment of Representatives among the several
States, see Const. Art. I, § 2, cl. 3, and Amend. XIV, § 2.
TEMPORARY INCREASE IN MEMBERSHIP
Representation of States of Alaska and Hawaii in
House of Representatives as not affecting basis of ap-
portionment established by this section, see section 9
of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as a
note preceding section 21 of Title 48, Territories and In-
sular Possessions, and section 8 of Pub. L. 86–3, Mar. 18,
1959, 73 Stat. 4, set out as a note preceding section 491
of Title 48.
§ 2b. N
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