New Population Estimates Show Slight Changes For 2010 Congressional Apportionment, With A Number of States Sitting Close to the Edge

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67 Emerywood Court Manassas, Virginia 202 202 789.2004 tel. or 703 580.7267 703 580.6258 fax Info@electiondataservices.com EMBARGOED UNTIL 6:0 P.M. EST, SUNDAY, SEPTEMBER 26, 200 Date: September 26, 200 Contact: Kimball W. Brace Tel.: (202) 789 2004 or (703) 580-7267 Email: kbrace@electiondataservices.com Website: www.electiondataservices.com New Population Estimates Show Slight Changes For 200 Congressional Apportionment, With A Number of States Sitting Close to the Edge With less than three months to go before final 200 state census population numbers are unveiled by the U.S. Census Bureau, new estimates released this summer point to the continuing state of flux and closeness between states over how many congressional districts will shift with the new census. Using newly released 200 population estimates created by Esri, a leading GIS and demographic company, Election Data Services, Inc. has generated the latest study in a decade long series on congressional apportionment. This new study has been released in conjunction with the National Conference of State Legislature s National Redistricting Seminar taking place in Providence, RI this weekend. The new data confirms previous estimates for many states on whether they would lose, gain, or stay the same for their number of congressional districts. However, four states show a change this year that was not evident as recently as nine months ago (see Election Data Services, Inc., New Population Estimates Show Additional Changes for 2009 Congressional Apportionment, With Many States Sitting Close to the Edge for 200, December 23, 2009). Missouri is now estimated to lose a congressional seat (going from nine to eight congressional districts), while Minnesota would keep all eight of their current districts, reversing the loss of a seat that had been projected last year. The state of New York is now estimated to lose two seats (going from 29 to 27 districts they had previously been expected to lose only one seat). Finally, Florida is now estimated to be gaining two congressional districts (going from 25 to 27 districts previously they were expected to add a single seat). We had an inkling of the Minnesota/Missouri switch because both states were right on the edge for that last seat in our 2009 study, said Kimball Brace, President of Election Data Services, Inc. But we were most surprised at the shift of an additional district out of New York and down to Experts in Elections Redistricting & GIS

Election Data Services, 200 Esri-based Reapportionment Analysis September 26, 200 Page 2 of 4 Florida, even though that follows the population movement in this country since World War II, noted Brace. Overall, the new 200 estimates show that 2 congressional seats affecting 8 states would change hands if the new apportionment was made with the Esri provided data. Six states Arizona, Georgia, Nevada, South Carolina, Utah and Washington would each gain a single seat, Florida would gain two seats, and Texas would gain four seats if the U.S. House of Representatives were reapportioned with the Esri population estimates, according to Election Data Services analysis. Eight states would lose single seats Illinois, Iowa, Louisiana, Massachusetts, Michigan, Missouri, New Jersey, and Pennsylvania, while the states of New York and Ohio now stand to each lose two seats. Appendix A in this report shows the apportionment distribution for the 200 estimates. Esri s demographic unit and data development team has a 30-year history of involvement in market intelligence and development of population and demographic datasets. Esri utilizes the Census Bureau population estimates, and then supplements it with a variety of different sources to track county population trends. They also employ a time series of county-to-county migration data from the Internal Revenue Service, building permits and housing starts, and residential postal delivery counts. Finally, local data sources that tested well against Census 2000 data are reviewed. The end result balances the measure of growth from a variety of different data sources. A full white paper of their methodology can be found at: http://www.esri.com/data/esri_data/methodology-statements.html Because the estimates developed by Esri already reflect an estimate of the population for 200, Election Data Services, Inc. did not need to migrate the data to correspond to 200 Census Day. As a result, no adjustments to the Esri data have been made, unlike earlier studies of Census and other data that were used in the apportionment series of studies. The 200, Esri based, reapportionment analysis table below shows the margins by which congressional seats were allocated to the states, compared to the last congressional reapportionment in 200 after the 2000 census. In the this new analysis, the last seat in the 435-member House of Representatives would go to Texas, which gains its 36th congressional seat (for the fourth district addition this decade) by a margin of only 38,005 people to spare. Washington received seat number 434 in this new 200 study, gaining its 0 th and new congressional district by just 2,923 people. Minnesota, in position no. 433, retains its 8 th district by only 5,643 people to spare. Florida, at seat no. 432, would gain its 27 th and second new seat this decade by 84,802 people in the new study. In our 2009 study, Florida s second new seat had just been missed because it came in as seat no. 437. While seemingly out of the running to loose a seat, Rhode Island received seat no. 420, but with only 53,9 people to spare, further indicating how close the state is to shift to a single at-large state. The state of Nebraska in the future could also be in line to loose a seat. The current 200 study shows it would keep all three of its current congressional districts, but that third seat comes in at seat no. 422, which the state keeps by only 8,380 people to spare. If not this decade, then certainly by 2020 these states are likely to be losing a seat if the current population trends continue.

Election Data Services, 200 Esri-based Reapportionment Analysis September 26, 200 Page 3 of 4 200 Reapportionment Analysis 200 Esri-based Population Estimates Last Five Seats Margin of Gain 43 South Carolina (7th) 42,248 432 Florida (27th) 84,802 433 Minnesota (8th) 5,643 434 Washington (0 th ) 2,923 435 Texas (36 th ) 38,005 Next Seats Margin of Loss 436 New York (28 th ) 29,439 437 California (54th) 99,396 438 Arizona (0th) 30,57 439 North Carolina (4 th ) 5,588 440 Illinois (9 th ) 75,046 2000 Census Population Last Five Seats Margin of Gain 43 Iowa (5th) 44,338 432 Florida (25th) 22,934 433 Ohio (8th) 79,688 434 California (53rd) 33,942 435 North Carolina (3th) 3,087 Next Seats Margin of Loss 436 Utah (4th) 856 437 New York (30th) 47,249 438 Texas (33rd) 86,272 439 Michigan (6th) 50,888 440 Indiana (0th) 37,056 The states that just missed a congressional district are also important to review because they are the states that could easily move up with just a slight change in the population numbers. For example, New York came in with seat number 436 (just past the current 435-member composition of the House of Representatives) and lost their second seat this decade by only 29,439 people. The next three seats would go to states that have already received all their current districts and are in a position to add a new district. These are California (for their 53 rd seat), Arizona (for their 0 th seat), and North Carolina (for their 4 th seat). Seat number 440 would be going to Illinois, as their 9 th district, allowing them to not lose a district this decade, if they had just 75,046 more people. While seemingly out of the running for an additional seat, two other states are actually close based upon the small number of people they would need to gain an additional seat. Missouri s projected loss of a seat in this new study is because they fell to seat number 44, but they could get it back if they only had 36,723 more people. Oregon is also on the margin to actually gain a new district (as had been projected in several of our studies earlier in the decade). Using the Esri-based 200 population numbers, Oregon comes in at seat number 443, but just missed getting their 6 th and new district by only 33,230 people. The 200 Esri-based population estimates have not been statistically adjusted for any known undercount. In addition, no estimates were provided for U.S. military personnel, their families, and other federal workers currently living overseas. These individuals have in the past (and will be for 200) been counted based on their administrative records by the Census Bureau, allocated to the states, and added to the residential population for a final apportionment population number. Overseas military personnel have been a factor in the apportionment formula for the past several

Election Data Services, 200 Esri-based Reapportionment Analysis September 26, 200 Page 4 of 4 decades, including the switching of the final seat in 2000 that went from Utah to North Carolina. If the residential population only had been used in 2000, Utah would have gained an additional seat, but when the military population was added, that seat went instead to North Carolina because proportionally there were more military members who listed their (place) home of residence as North Carolina. Because the United States is currently in the midst of two wars in Afghanistan and Iraq (unlike what was occurring at the last apportionment process in 2000), the addition of military and federal works living abroad are likely to have a more significant affect in 200. That is why it is important to review those states that are very close to that magic cut-off of 435 seats, said Brace. The new study shows there are 6 states that are close enough to that last seat that they could still change when the final population data is released at the end of the year. This is because of either their last allocated seat number, or the population by which they gained or lost their last seat. The addition of the military overseas population is also a factor. The states are Arizona, California, Florida, Illinois, Minnesota, Missouri, Nebraska, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas and Washington. All other states are sufficiently far enough away from the edge so that their allocation of seats is fairly certain. That allocation may include a gain or loss of a seat(s), as noted in Appendix A to this report. Election Data Services Inc. is a political consulting firm that specializes in redistricting, election administration, and the analysis of census and political data. Election Data Services conducts the congressional apportionment analyses with each annual release of the census population estimates. For more information about the reapportionment analysis, contact Kimball Brace (202.789.2004 or 703-580-7267 or kbrace@electiondataservices.com).

APPENDIX A apportionment_5_esri200estimates.xls ESRI 200 Estimates, Released July, 200; No Military Overseas factored in State Population Compare To Seats Change Gain a Seat Lose a Seat Last Seat Given Next Seat At Average Size Size Rank Alabama 4,735,593 7 7 0 59,549 29,092 428 494 676,53 36 Alaska 695,75 0 at large 632 695,75 34 Arizona 6,723,229 8 9 30,57 69,903 397 438 747,025 40 Arkansas 2,923,603 4 4 0 259,974 46,325 37 476 730,90 8 California 37,983,948 53 53 0 99,396 668,73 429 437 76,678 24 Colorado 5,4,02 7 7 0 23,040 507,60 400 457 730,586 3 Connecticut 3,535,787 5 5 0 363,282 356,999 399 48 707,57 9 Delaware 893,724 0 at large 495 893,724 2 Florida 8,97,62 25 27 2 655,558 84,802 432 453 700,652 29 Georgia 0,04,045 3 4 30,922 424,848 423 452 75,289 22 Hawaii,309,580 2 2 0 434,37 304,359 339 584 654,790 44 Idaho,58,697 2 2 0 62,020 576,476 283 480 790,849 Illinois 3,089,726 9 8-75,046 655,829 42 440 727,207 28 Indiana 6,479,832 9 9 0 273,554 448,506 4 458 79,98 3 Iowa 3,057,995 5 4-25,582 595,77 352 456 764,499 5 Kansas 2,84,378 4 4 0 342,99 379,00 383 492 70,345 20 Kentucky 4,339,47 6 6 0 273,970 446,267 398 468 723,245 4 Louisiana 4,507,335 7 6-06,06 64,3 38 448 75,223 37 Maine,338,645 2 2 0 405,072 333,424 330 568 669,323 30 Maryland 5,730,892 8 8 0 309,520 4,763 409 462 76,362 2 Massachusetts 6,555,736 0 9-97,650 524,40 403 45 728,45 38 Michigan 0,04,633 5 4-2,334 55,436 49 445 72,760 25 Minnesota 5,334,772 8 8 0 705,640 5,643 433 496 666,847 4 Mississippi 2,996,685 4 4 0 86,892 534,407 36 467 749,7 6 Missouri 6,003,689 9 8-36,723 684,560 389 44 750,46 39 Montana 983,932 0 at large 447 983,932 Nebraska,822,473 3 3 0 643,55 8,380 422 592 607,49 48 Nevada 2,748,294 3 4 435,283 286,06 396 507 687,074 3 New Hampshire,329,95 2 2 0 43,802 324,694 33 574 664,958 35 New Jersey 8,822,373 3 2-68,872 655,99 405 442 735,98 27 New Mexico 2,080,039 3 3 0 385,949 338,946 368 522 693,346 42 New York 9,543,73 29 27-2 29,439 70,92 425 436 723,842 9 North Carolina 9,552,054 3 3 0 5,588 674,83 40 439 734,773 32 North Dakota 662,94 0 at large 657 662,94 43 Ohio,605,005 8 6-2 35,445 593,36 48 444 725,33 26 Oklahoma 3,720,244 5 5 0 78,825 54,456 376 460 744,049 8 Oregon 3,865,839 5 5 0 33,230 687,05 363 443 773,68 7 Pennsylvania 2,574,407 9 8-590,365 40,50 430 459 698,578 6 Rhode Island,058,42 2 2 0 685,305 53,9 420 706 529,206 49 South Carolina 4,649,749 6 7 677,393 43,248 43 50 664,250 0 South Dakota 827,263 0 at large 532 827,263 4 Tennessee 6,366,430 9 9 0 386,956 335,04 47 466 707,38 33 Texas 25,268,853 32 36 4 7,938 38,005 435 450 70,93 2 Utah 2,84,749 3 4 34,828 379,47 382 49 70,437 47 Vermont 626,078 0 at large 694 626,078 45 Virginia 7,965,68 0 23,075 50,763 43 449 724,53 23 Washington 6,756,50 9 0 709,999 2,923 434 483 675,65 5 West Virginia,842,096 3 3 0 623,892 0,003 46 589 64,032 46 Wisconsin 5,74,67 8 8 0 298,795 422,488 407 46 77,702 7 Wyoming 548,54 0 at large 779 548,54 50 Washington DC 600,67 0 435 Median = 76,520 Other Inputs: Seats to Apportion Min = 529,206 435 Max Seats to Calculate Max = 983,932 75 States 50 Include Washington DC Election Data Services, Inc. Confidential 9/25/0 Page

AK Change in Congressional Delegations Based on Projected 200 Apportionment Using 200 Population Estimates by Esri CA OR WA NV HA ID AZ UT MT WY CO NM ND SD NE KS OK TX 4 MN WI IA - MO AR LA IL - - - MS W NY MI PA IN OH - MD WV # KY VA TN NC SC AL GA N E FL ME VT NH MA # -2 # # - # - - RI -2 2 CT NJ DE ESRI200-2 - No Change 2 4 State Outlines Population Estimates Produced by: S Apportionment Study by: