U.S. Census and Incarceration
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.
Recent Changes
The U.S. Census Bureau has agreed to identify which census blocks contain group quarters such as correctional facilities as early as May 2011, so that state and local redistricting bodies can choose to use this data to draw fair districts and avoid prison-based gerrymandering. This interim solution of releasing accelerated data identifying prison populations will assist governments that wish to make their own adjustments for state and local redistricting. View press release.
Maryland -- In April, 2010, Governor Martin O’Malley signed into law the No Representation Without Population Act.
Delaware – In August 2010, Delaware Governor Jack Markell signed into law H.B. 384.
New York – In August 2010, New York passed a bill to end prison-based gerrymandering, which was included as part of the revenue budget, A.9710D/S.6610C, along with a technical amendment, A.11597/S.8415. Click here to read our press release. This legislation will use the 2010 Census to count people who are in prison in their home districts rather than the districts where they are incarcerated. View original press release.
Click here to read more about the Brennan Center's support of reforms to end prison-based gerrrymandering in New York.
Pending Legislation
View more pending legislation.
The Brennan Center filed a motion in New York Supreme Court seeking to intervene and help defend New York’s new law ending prison-based gerrymandering in state and local redistricting.
New Census Data will Help Correct Prison-based Gerrymandering
Last week the United State Census Bureau released a new data file giving states new opportunities to correct the decades-old problem of prison-based gerrymandering.
Prison-based gerrymandering occurs when the thousands of people incarcerated in state and federal prisons are counted by the Census as residents of the districts where they are incarcerated rather than residents of their home communities, where most inmates will return upon release.
New York Passes Two Landmark Democracy Reforms
This summer the New York legislature took decisive action to create two important policy reforms: requiring that people in prison be allocated to their home communities for redistricting purposes; and requiring criminal justice agencies to provide voting rights information to people who are again eligible to vote after a felony conviction.
Maryland ends prison-based gerrymandering
In April, Maryland took a bold step that corrects at least one democratic abuse of its prison population. Governor Martin O’Malley signed into law the No Representation Without Population Act. This Act counts individuals who are in prison in their home districts rather than the districts where they are currently incarcerated when redistricting the state.
Illustrations by Risko
Law Ending Prison-Based Gerrymandering Stands
Plaintiffs in the Little v. LATFOR case dropped their challenge of the state law ending prison-based gerrymandering.
Appeal of Law Ending Prison-Based Gerrymandering Sent to Appellate Division
The New York Court of Appeals today declined to hear plaintiffs’ direct appeal in Little v. LATFOR, a lawsuit challenging New York’s law ending prison-based gerrymandering.
Civil Rights Groups Answer Summary Judgment Motion in Prison-Based Gerrymandering Lawsuit
Attorneys for the fifteen voters from around New York State who have joined the legal defense of New York’s law ending prison-based gerrymandering today filed papers asking New York Supreme Court Judge Eugene Devine to grant their motion for summary judgment and uphold the law.
Memorandum In Support of Senate Bill 6725
The Brennan Center for Justice writes in support of Senate Bill 6725, which requires the Department of Corrections to provide incarcerated persons’ place of residence prior to incarceration so that such individuals can be counted as residents of their home communities rather than as residents of their place of incarceration for purposes of state and local redistricting.
On Capital Tonight, Brennan Center Urges LATFOR to Follow Law
The Brennan Center's Wendy Weiser appeared on Capital Tonight to discuss the decision by New York's task force on reapportionment, known as LATFOR, not to comply with the law ending prison-based gerrymandering.
Justin Levitt Speaks on Alternative Voting Systems and Redistricting Consequences of Incarceration
Justin Levitt speaks to the International Municipal Lawyers’ Association in Columbia, SC on alternative voting systems and the count of incarcerated persons in redistricting.