<P> States typically redraw district boundaries after each census , though they may do so at other times , such as the 2003 Texas redistricting . Each state determines its own district boundaries , either through legislation or through non-partisan panels . `` Malapportionment '' is unconstitutional and districts must be approximately equal in population ( see Wesberry v. Sanders ) . Additionally , Section 2 of the Voting Rights Act of 1965 prohibits redistricting plans that are intended to , or have the effect of , discriminating against racial or language minority voters . Aside from malapportionment and discrimination against racial or language minorities , federal courts have allowed state legislatures to engage in gerrymandering for the benefit of political parties or incumbents . In a 1984 case , Davis v. Bandemer , the Supreme Court held that gerrymandered districts could be struck down on the basis of the Equal Protection Clause , but the Court did not articulate a standard for when districts are impermissibly gerrymandered . However , the Court overruled Davis in 2004 in Vieth v. Jubelirer , and Court precedent currently holds gerrymandering to be a political question . According to calculations made by Burt Neuborne using criteria set forth by the American Political Science Association , about 40 seats , less than 10 % of the House membership , are chosen through a genuinely contested electoral process , given partisan gerrymandering . </P>
when does the house of representatives decide how many representatives can be sent from each state
States typically redraw district boundaries after each census , though they may do so at other times