Wyoming Rule

The Wyoming Rule is a proposal to increase the size of the United States House of Representatives so that the standard representative-to-population ratio would be that of the smallest state, which is currently Wyoming.[1][2][3] Under Article One of the United States Constitution, each state is guaranteed at least one representative. If the disparity between the population of the most and least populous states continues to grow, the disproportionality of the U.S. House of Representatives will continue to increase unless the body, whose size has been fixed at 435 since 1929 (except for a brief period from 1959 to 1963), is expanded.

A total of 543 seats would have been required to implement the Wyoming Rule based on the 2010 United States census results. However, the decade leading up to the 2020 United States census saw Wyoming's population increase at a lower rate than that of the rest of the United States; as a result, the required House size to implement the Wyoming Rule will increase to 574. Under the Wyoming Rule, California would gain the most seats with seventeen more members than it will have after the next reapportionment.

While expanding the House would reduce some disparities in district size, it would not necessarily result in the smallest and largest districts being proportionally closer. After the 1990 United States census and with a House size of 435, the largest district (Montana) had 803,655 residents, 76.3% larger than the smallest district (Wyoming) with 455,975 residents. The Wyoming Rule would have given a House size of 549 in 1990 if the former method of seat apportionment had been used. With that size, the largest district (North Dakota) would have had 641,364 residents, 91.8% larger than the smallest districts (Delaware's two districts) at 334,348 residents each, due to Delaware having enough population to be split in two but North Dakota falling just on the other side of the threshold.

The current size of the House was set by the Reapportionment Act of 1929. This law would need to be repealed and replaced in order to change the number of congressional members, which would require a majority of both houses of Congress to approve it.

From a constitutional standpoint, the only restriction on House size is that there can be at most one representative per thirty thousand people. Therefore, the Wyoming Rule would be constitutional as long as no state had two or more representatives with a population below 60,000.

Under the 2020 U.S. census

The chart set out below identifies the number of House seats that would be given to the respective states if the Wyoming Rule were to be implemented using the population numbers from the 2020 United States census.[4]

South Dakota with its two seats and an average of 443,885 people per seat would have the most seats per capita. North Dakota's lone seat (779,702 people per seat) would have the fewest seats per capita. This gives a ratio of 1 to 1.75654 between greatest and smallest number of persons per seat. (By comparison, it will be 1 to 1.82574 for the lone seat of Delaware (990,837 per seat) and Montana's two seats (542,704 per seat).)

States with only one seat which fall short of getting an extra seat in the House include North Dakota, Alaska, and Vermont (and by definition, Wyoming). On the other hand, states with only one seat which manage to secure an extra seat include Delaware and South Dakota.

State Seats apportioned Pop. per seat Seat change Percentage gain Electoral votes
(excluding D.C.)		 Notes
Actual (2023) Wyoming Rule
Alabama79558,895+2 29% 11
Alaska11736,0810 0% 3
Arizona912596,577+3 33% 14
Arkansas45602,751+1 25% 7
California5269573,576+17 33% 71Largest gain in seats.
Colorado810578,217+2 25% 12
Connecticut56601,383+1 20% 8
Delaware12495,419+1 100% 4Largest proportionate increase
Florida2837582,987+9 32% 39
Georgia1419564,488+5 36% 21
Hawaii23486,712+1 50% 5
Idaho23613,792+1 50% 5
Illinois1722582,852+5 29% 24
Indiana912565,857+3 33% 14
Iowa46532,068+2 50% 8
Kansas45588,173+1 25% 7
Kentucky68563,668+2 33% 10
Louisiana68582,684+2 33% 10
Maine22681,7910 0% 4
Maryland811562,298+3 38% 13
Massachusetts912586,122+3 33% 14
Michigan1318560,247+5 39% 20
Minnesota810570,975+2 25% 12
Mississippi45592,783+1 25% 7
Missouri811560,026+3 38% 13
Montana22542,7040 0% 4
Nebraska33654,4440 0% 5Largest state to not gain an extra seat.
Nevada45621,692+1 25% 7
New Hampshire22689,5450 0% 4
New Jersey1216580,906+4 33% 18
New Mexico34530,055+1 33% 6
New York2635577,593+9 35% 37
North Carolina1418580,775+4 29% 20
North Dakota11779,7020 0% 3Highest population per seat.
Ohio1520590,442+5 40% 22
Oklahoma57566,217+2 40% 9
Oregon67605,929+1 17% 9
Pennsylvania1723565,732+6 35% 25
Rhode Island22549,0820 0% 4
South Carolina79569,412+2 29% 11
South Dakota12443,885+1 100% 4Lowest population per seat.
Smallest state to gain a seat.
Tennessee912576,408+3 33% 14
Texas3851572,221+13 34% 53
Utah46545,875+2 50% 8
Vermont11643,5030 0% 3
Virginia1115576,970+4 36% 17
Washington1013593,534+3 30% 15
West Virginia23598,348+1 50% 5
Wisconsin810589,747+2 25% 12
Wyoming11577,7190 0% 3
Total435574+139 32% 674677 total electoral votes including D.C.

Historical House sizes

The following table describes how the House of Representatives would have looked historically, had the Wyoming Rule been adopted as part of the Reapportionment Act of 1929, instead of fixing the size at 435 representatives.

Census, YearSize ALAKAZARCACOCTDEFLGA HIIDILINIAKSKYLAMEMD MAMIMNMSMOMTNENVNHNJ NMNYNCNDOHOKORPARISC SDTNTXUTVTVAWAWVWIWY
15th, 19301,418 31–52266121931734 –5883829223024919 49563023426161547 5146378772811112820 8306764281820343
16th, 19401,191 26–51863101621728 –5723123162621817 39482520345121538 512232663211090717 6275853241617292
17th, 1950940 19–5126681321722 –4542516121817615 2940191425481330 49325450141066513 4214842211513222
18th, 1960793 141687081122217 33452112101314414 2335151019361327 4742034310850411 316424218138182
19th, 1970672 111666671022315 323717981112313 192913716252324 36017235973939 213374215116151
20th, 1980567 10176597822414 22291476911311 142310612242218 34415227873028 212364113105121
21st, 1990549 9185657722914 3225126689311 132110611243217 34015124762628 211374114114111
22nd, 2000571 91105699723217 3325126589311 132010611244317 43816123772528 212425114124111
23rd, 2010543 91115669623317 2323115588210 12179511235216 43417120772228 111455114123101
24th, 2020574 911256910623719 3322126588211 121810511235216 43518120772329 212516115133101
Census, YearSize ALAKAZARCACOCTDEFLGA HIIDILINIAKSKYLAMEMD MAMIMNMSMOMTNENVNHNJ NMNYNCNDOHOKORPARISC SDTNTXUTVTVAWAWVWIWY

The smallest state in each census since 1930 were:

  • Nevada (censuses 1930–1950)
  • Alaska (censuses 1960–1980)
  • Wyoming (censuses 1990–2020)

See also

References
  1. Taylor, Steven L. (December 14, 2010). "Representation in the House: The Wyoming Rule". Outside the Beltway.
  2. Shugart, Matthew Søberg (July 1, 2014). "Economix: Expand the US House". Fruits and Votes.
  3. "Increase the size of the House via the 'Wyoming Rule'". January 25, 2005.
  4. Kirk, Alexander (2020). The Electoral College: Size Really Does Matter (BS thesis). University of Richmond.
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