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Giving Compass' Take:
• John H. Thompson and Robert Yablon explain how state attorneys general can work to improve the 2020 census count.
• How can funders best support efforts to ensure an accurate census count in 2020?
• Find out why philanthropists should be concerned with the accuracy of the census.
Because the stakes are so high, attorneys general cannot afford to ignore the 2020 Census. Instead, they must work proactively to promote their state’s interests before, during, and after the count. Given the scale and complexity of the census, the uncertainty surrounding it, and the likelihood of litigation, such engagement is crucial. As an initial step, attorneys general should immediately identify staff members who will become their inside experts on census-related matters—individuals who will make the census a top priority.
Some attorneys general offices are already monitoring and responding to census-related developments, especially with regard to the citizenship question. Attorneys general should similarly monitor other aspects of the Census Bureau’s work to ensure compliance with relevant constitutional, statutory, and regulatory requirements. If the Bureau’s conduct appears to run afoul of the law, attorneys general should seek correction from the Bureau and ultimately pursue legal action if the Bureau fails to change course.
Beyond performing these familiar watchdog and litigation functions, attorneys general can pursue their census-related goals through a variety of lesser-known mechanisms. The remainder of this memorandum focuses on these options. It first discusses actions that can be taken through formal Census Bureau channels. It then addresses steps that officials can take independently of the Bureau.
State attorneys general must begin now to focus on the looming 2020 Census. Because this decennial event has major implications for every state, and because it presents complex legal and practical issues, it is vital for attorneys general to engage early and to remain engaged in order to represent their states effectively.