At present, incarcerated individuals are counted by the U.S. Census Bureau at the locations where they are incarcerated, rather than at their prior addresses, in their home communities. These two addresses are usually far from each other, and coupled with the nation’s rising incarceration rate, lead to a systematic distortion of the population picture.
When jurisdictions draw their district lines, they build this distortion into the distribution of democracy. Districts with prisons are constructed on the backs of “ghost voters,” packing in prisoners who count toward the district size but who, with few exceptions, are not permitted to vote, and who, with few exceptions, have no connection whatsoever to the other residents of the district. This artificially inflates the political power of residents in prison districts, and artificially deflates the power of residents everywhere else.
The skew can become quite extreme: in 2006, for example, voters in three of the city council wards of Anamosa, Iowa, were busily engaged in the democratic process. But 1300 of the 1358 individuals allotted to ward 2 were incarcerated — and so the city councilman was elected with one write-in vote from his wife and one from his neighbor.
The Brennan Center works on alternatives to the status quo — different voting rules or redistricting processes — that help eliminate or mitigate the skew.
Hurrell-Harring, et al. v. State of New York (Amicus Brief)
The Brennan Center co-authored an amicus brief signed by 62 former prosecutors in support of a suit that challenges New York’s indigent defense system.
Common Cause of Colorado, et al. v. Buescher
A coalition of voting rights groups sued the Colorado Secretary of State Mike Coffman (who, upon leaving office, was replaced by Brian Buescher) claiming he illegally removed over 27,000 voters from the rolls. They filed a temporary restraining order to get those names reinstated and to ensure additional names cannot be removed before Election Day.
Citizens United v. FEC (Amicus Brief)
The Brennan Center for Justice - serving as counsel for itself and several new media journalists - filed a supplemental amicus curiae brief in Citizens United v. FEC. The brief urged the Supreme Court to preserve landmark precedents that support limits on corporate spending in elections.
Citizens United discussion at Bill Moyers Journal
Campaign Finance Reform expert and Brennan Center staff Monica Youn was joined by Professor Zephyr Teachout from Fordham Law to discuss the Citizens United Supreme Court decision and what it means going forward. Watch now.
Vanishing Recusal Prospects in Wisconsin
“I’m just dumbfounded,” stammered Justice Ann Walsh Bradley of the Supreme Court of Wisconsin. This was Thursday, January 21, the same day the U.S. Supreme Court issued its long-anticipated ruling in Citizens United, which easily eclipsed the unfolding drama in Wisconsin. Justice Bradley’s words were in response to the state court’s anguished position on the recusal of high court judges, a position that’s brought only disappointment since October 2009.
No Time To Wait for the Effects of Citizens United
As Supreme Court Justice John Paul Stevens predicted in his eloquent dissent on the Citizens United case, “[w]hen citizens turn on their televisions and radios before an election and hear only corporate electioneering, they may lose faith in their capacity, as citizens, to influence public policy.” With the 2010 election season looming, we must act quickly to restore public faith in our democratic process.
Illustrations by Risko
Morgenthau Leads 62 Former Prosecutors in Call for Better Defense of the Indigent
62 former New York prosecutors joined an amicus brief in support of a suit, now pending before New York’s highest court, which alleges that New York State’s legal services for the poor are constitutionally inadequate.
With Corporations’ New Outsize Voice, Can Shareholders Speak?
New policy proposal based on British law shows congressional leaders how to give corporate shareholders a voice in election spending.
Coalition Urges New York to End Prison-Based Gerrymandering
Today the Brennan Center for Justice urges New York State Senate and Assembly leaders to end prison-based gerrymandering. In most of New York, people in prison are counted in the Census where they are incarcerated rather than in their home communities. This policy skews the demographic characteristics in both urban and rural locales throughout the state. The campaign being launched today will urge passage of legislation that would use the 2010 Census to count people who are in prison in their home districts rather than the districts where they are incarcerated. Sponsored by Senator Eric Schneiderman and Assemblyman Hakeem Jeffries, the legislation could affect the redistricting landscape in upcoming elections.
Letter to New York State Board of Elections Regarding Overvotes on Optical Scanners
Letter to the New York State Board of Elections from a coalition of civil rights and voting rights groups regarding the high incidence of overvotes seen in voting systems recently adopted in New York.
Community Oriented Defender (COD) Network 2010 Request for Proposals
Community Oriented Defender Network 2010 Request for Proposals Inviting Concept Papers on: Defender-led Challenges Against Racial/Ethnic Disparity in the Criminal Justice System
Community Oriented Defender (COD) Statement of Principles
Developed by the Brennan Center in consultation with members of the COD advisory group, this COD Statement of Principles identifies the goals of participants in the COD Network. We hope it will serve as a useful tool to inspire staff, educate the public, and build the capacity of the COD movement to make a difference for clients, families and communities.
Community Oriented Defender Network | Winter 2010 Update
Update from the Community Oriented Defender Network on recent and upcoming activities.
Fact Sheets | Language Access Problems Among Government Bodies
Fact sheets illustrating the serious harms and deprivations of rights that result when individuals with limited English proficiency (LEP) are unable to access essential government bodies.