Key facts
- The complaint asks a three-judge panel to void the 435-seat cap set by the Permanent Apportionment Act of 1929.
- Plaintiffs David Redlawsk and Kevin Price argue Delaware's roughly 991,000 residents warrant a second seat.
- The suit names Commerce Secretary Howard Lutnick because the Census Bureau sits under Commerce.
- Delaware is one of five states with a single House representative, the filing notes.
Two Delaware residents filed a lawsuit on Wednesday seeking a second U.S. House seat for the state, suing Commerce Secretary Howard Lutnick because the Commerce Department oversees the Census, which apportions House seats by population.
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, The Hill reported. Commerce Deputy Undersecretary George Cook and House Clerk Kevin McCumber are also named.
The plaintiffs argue that Delaware's single at-large seat, held by Rep. Sarah McBride (D-Del.), is insufficient for the state's roughly 991,000 residents. Attorneys asked a three-judge panel to declare the 435-seat cap in the Permanent Apportionment Act of 1929 unconstitutional, which would allow the House to grow to 436 seats.
"The 435-seat limitation imposes a severe and avoidable disparity on Delaware's voters," the lawsuit says. The filing notes that Montana, with fewer than 100,000 more residents, has two seats. Delaware is one of five states with a single representative, along with Alaska, North Dakota, South Dakota, Vermont and Wyoming.
The Commerce Department did not respond to a request for comment, The Hill said.