The goal of this Note is not to state what we must do in regard to these questions, but only what we should do if we are attempting to adhere to either of the two democratic theories of representation suggested by the one-person, one-vote principle from Reynolds v. Sims. This Note addresses the current state of the law and the Census, and analyzes the two democratic theories of representation: Voter Equality and Representational Equality. This Note argues that the current regime of counting prisoners does not successfully adhere to either of the two theories, and that counting prisoners in their pre-incarceration address, although imperfect, adheres more closely to both theories.