Massachusetts Legislature Calls on U.S. Census Bureau: Support Fair Redistricting, End Prison Gerrymandering

Dēmos and Prison Policy Initiative Applaud Senators Rosenberg, Chang-Diaz, and Dorcena Forry and Representatives Moran, Carvalho, and Rushing for Leadership to Protect One Person, One Vote Principle

September 30, 2014

Dēmos and Prison Policy Initiative Applaud Senators Rosenberg, Chang-Diaz, and Dorcena Forry and Representatives Moran, Carvalho, and Rushing for Leadership to Protect One Person, One Vote Principle

On September 12 2014, the Massachusetts legislature sent the United States Census Bureau a resolution adopted by both chambers, calling on the Census Bureau to reform its outdated practice of enumerating incarcerated persons as "residents" of the prisons in which they are temporarily incarcerated. This practice leads state and local governments to violate the constitutional principle of one person, one vote by granting additional undue political clout to voters who live near prisons and diluting the votes cast by everyone else. As the resolution explains:

"Census data results in distortions of the one-person, one-vote principle in drawing electoral districts in Massachusetts, diluting the representation of the majority of districts that do not contain prisons."

Massachusetts’ resolution urges the Census Bureau to provide states with redistricting data that counts incarcerated persons at their residential address.

In response to these developments, Dēmos and the Prison Policy Initiative, non-partisan public policy organizations concerned about fair electoral representation, released the following statement:

"A prison is not a home," said Brenda Wright, Vice President for Legal Strategies at Dēmos. "Prison-based gerrymandering distorts democracy and fair representation in Massachusetts, and should not be tolerated in our state. Dēmos applauds the leadership of Senators Rosenberg, Chang-Diaz, and Dorcena Forry and Representatives Moran, Carvalho, and Rushing in achieving passage of the resolution urging the Census Bureau to count incarcerated persons in their home communities, where they are considered to reside for virtually all legal purposes."

Dēmos and the Prison Policy Initiative have long partnered in the goal of ending prison-based gerrymandering. "The national trend in state and local governments of rejecting prison gerrymandering sends a clear message to the Census Bureau that it’s time to update the residence rules," said Peter Wagner, Executive Director of the Prison Policy Initiative. "I’m proud of the Massachusetts Legislature’s steps to urge the Census Bureau to end prison gerrymandering nationwide 2020."

During the public hearings on redistricting in Massachusetts following the 2010 Census, Dēmos and PPI were among many groups and individuals urging the Massachusetts legislature to add its voice to those of other stakeholders calling for change in how the Census Bureau enumerates incarcerated persons.

The Special Joint Committee on Legislative Redistricting in Massachusetts took note of these concerns in its final report (downloads PDF), devoting about a quarter of the redistricting report to the vote dilution caused by the Census Bureau's decision to tabulate incarcerated people as residents of the prison, and suggesting this resolution as their first key recommendation.

Dēmos and PPI strongly applaud the Massachusetts legislature for its leadership in adopting this recommendation and calling for permanent, nation-wide reform of how incarcerated persons are tabulated in the Census. The Massachusetts Legislature’s resolution sends a strong message that Massachusetts residents, and all U.S. voters, deserve to have a fair say in elections. It’s time for the Census Bureau to do its part.

The full text of the resolution is:

WHEREAS, obtaining an accurate count of the population is so vital to representative democracy that the framers of the United States Constitution addressed the issue of the census and apportionment in the opening paragraphs of the Constitution; and

WHEREAS, the Massachusetts Constitution requires that federal census data be the basis for state redistricting; and

WHEREAS, the Census Bureau currently has a policy of counting incarcerated people at the address of the correctional institution, even though for other legal purposes their home address remains their legal residence; and

WHEREAS, this Census data results in distortions of the one-person, one-vote principle in drawing electoral districts in Massachusetts, diluting the representation of the majority of districts that do not contain prisons;

WHEREAS, the simplest solution to the conflict between federal constitutional requirements of "one person, one vote" and Massachusetts constitutional requirements of using the federal census is for the Census Bureau to publish redistricting data based on the location of an incarcerated person’s residence, not prison location; and

WHEREAS, the Census Bureau has already recognized the demand from states and counties for data that better reflects their actual populations, and has agreed to release data on prison populations to states in time for redistricting, enabling some states to individually adjust the population data used for redistricting; and

WHEREAS, Public Law 94-171 requires the Census Bureau to work with states to provide geographically relevant data and the Census Bureau has been responsive to state’s data needs for the past 3 decades; now therefore be it

RESOLVED, that the Massachusetts General Court hereby urges the Census Bureau, in the next Census and thereafter, to provide states with redistricting data that counts incarcerated persons at their residential address, rather than the address of the correctional institution where they are temporarily located; and be it further

RESOLVED, that a copy of these resolutions be transmitted forthwith by the Clerk of the Senate to the Director of Census Bureau.

Massachusetts delivers resolution to Census Bureau

Census Bureau receives Massachusetts’ resolution urging the Census to tabulate incarcerated people at their home address.

by Aleks Kajstura, September 12, 2014

Today, the Massachusetts legislature delivered its joint resolution to Census Bureau Director John H. Thompson.

The resolution urges the Census Bureau to provide the state with redistricting data that tabulates incarcerated people at their home addresses. By tabulating incarcerated people at their residential addresses, as called for in the resolution, the Bureau would create a national and permanent solution to prison gerrymandering.

Significant Victory in Fight to End “Prison Gerrymandering”:

Judge Lagueux rules that lawsuit against prison gerrymandering in Cranston Rhode Island may go forward.

September 8, 2014

Cranston, RI Lawsuit Will Move Forward

Providence, RI — Local Cranston residents and the ACLU of Rhode Island won a significant victory today in their fight for equal voting power in City elections when Judge Lagueux of the U.S. District Court for the District of Rhode Island denied a motion to dismiss their one person, one vote lawsuit, allowing their case to move forward.

“I’m thrilled this case is going forward,” said Karen Davidson, lead plaintiff. “As a Cranston resident and taxpayer I’m entitled to equal representation and I will keep fighting for it.”

At issue in the case is the City of Cranston’s choice to count the more than three thousand inmates at the Adult Correctional Institutions (ACI) in a single city ward for the purposes of drawing City Council and School Committee districts. Plaintiffs argue this “prison gerrymandering” is improper because those incarcerated at the ACI are not true constituents of local elected officials, but instead remain residents of their pre-incarceration communities for virtually all legal purposes, including voting.

Due to the questionable counting, persons at the only state-run correctional facility in Rhode Island account for 25% of Ward 6’s total “population.” According to Census Bureau data, without the incarcerated population, Ward 6 has only 10,209 true constituents. Yet those constituents now wield the same political power as the roughly 13,300 constituents in each of the other wards. The lawsuit claims that this dilutes the voting strength and political influence of citizens residing outside of Ward 6, in violation of the Equal Protection requirements of Section 1 of the Fourteenth Amendment to the U.S. Constitution.

Judge Lagueux agreed that this is a viable legal claim, stating that “…the inclusion of the ACI prison population is not advancing the principle of electoral equality because the majority of prisoners…cannot vote, and those who can vote are required by State law to vote by absentee ballot from their pre-incarceration address” and that the incarcerated population’s “inclusion in Ward Six does nothing to advance the principle of representational equality.”

“We’re excited our case is going forward, and we urge the City to correct its prison gerrymandering problem without delay,” said Steven Brown, executive director of the ACLU of Rhode Island. “Unless the City acts promptly, Cranston will conduct the 2014 election under a one-person, three-quarters of a vote regime.”

Cranston residents Karen Davidson, Debbie Flitman, Eugene Perry, and Sylvia Weber have joined the ACLU of Rhode Island as plaintiffs in the case. They are represented in federal court by Demos, the Prison Policy Initiative, and the American Civil Liberties Union.

“This is a big win, because it shows that our legal arguments are valid,” said Adam Lioz of Demos, counsel for the plaintiffs. “We hope the City will fix the problem–but if not, we look forward to proving our case at trial: that persons incarcerated at the ACI aren’t really constituents of local politicians and so shouldn’t be counted at the prison for purposes of representation.”

“Counting people at the ACI as constituents of Ward 6 officials makes no sense,” said Aleks Kajstura of the Prison Policy Initiative. “They can’t use the park or library, attend a City Council meeting, or send their kids to public schools. And, even those who can vote must do so from their actual legal residence, not the prison location.”

“Prison gerrymandering distorts the process and runs counter to the core principle of one person, one vote,” said Sean Young, attorney with the ACLU’s Voting Rights Project. “All Cranston voters should have an equal say in who their elected officials are. When citizens exercise their fundamental right to vote, they expect that their vote will be counted equally, not as if it were only three-fourths of someone else’s vote.”

The case is Davidson et. al. v. City of Cranston. Plaintiffs’ complaint can be found here and their response to Defendant’s motion to dismiss is here. Judge Lagueux’s ruling is here.