New Jersey Governor signs bill ending prison gerrymandering

Over 25% of U.S. residents now live in a state, county, or municipality that has ended prison gerrymandering.

January 21, 2020

Easthampton, Mass. — Today, New Jersey Governor Phil Murphy signed a bill ending prison gerrymandering — the practice of using prisons to transfer power away from the home communities of incarcerated people, and give it to legislative districts that contain prisons. The state will now draw districts with their home, not prison, addresses.

Senate Bill 758 passed the Senate in February 2019, and the Assembly on January 13, 2020. The bill, now law, caps a campaign to make New Jersey the 7th state to end prison gerrymandering and ensure equal representation for all of its residents. Over 25% of US residents now live in a state, county, or municipality that has ended prison gerrymandering. (The other states are New York, California, Maryland, Delaware, Nevada, and Washington State).

This legislative effort spanned multiple sessions and was supported by many groups, most recently including the New Jersey Institute for Social Justice and the American Civil Liberties Union of New Jersey. The bill’s sponsors included Senators Cunningham and Cruz-Perez, and Assemblymembers Sumter, Mukherji, and Quijano. The sponsors emphasized that the bill will have no effect on federal or state funds in New Jersey. All funding programs have their own data sources that do not rely on redistricting data.

“Prison gerrymandering is a fixable problem of political representation caused by the growth of prison populations in past decades,” said Prison Policy Initiative Legal Director Aleks Kajstura. Like most states, New Jersey bases its legislative districts on U.S. Census Bureau data. Unfortunately, the Census counts incarcerated people as if they were residents of the correctional facility where they happen to be on Census day. When states like New Jersey use this data for redistricting, it leads to unequal representation: People who live near prisons are given extra representation in the state legislature, while every other resident in the state receives less representation.

Senate Bill 758 is a simple state-based solution to a problem that should have been corrected by the federal government. The bill uses the state’s administrative records to reassign incarcerated people to their home addresses before redistricting. Ideally, the U.S. Census Bureau will change its policy and count incarcerated people as residents of their home addresses in the 2030 Census, but for now states should be prepared to have their own solutions in place.

New York and Maryland have already passed and implemented similar laws to count people in prison at home for this round of redistricting, and both states’ laws were successfully defended in court. California, Delaware, Nevada, and Washington State passed legislation that will take effect after the 2020 Census.

As more states take on the task of adjusting Census data to make it usable for drawing equal districts, the Census Bureau has taken some small but very helpful steps. For the first time, the 2020 Census will include correctional population data within the main redistricting dataset (the PL 94-171 file). Identifying the correctional facilities makes the data-crunching easier for states that end prison gerrymandering on their own, and will be particularly useful for states with short redistricting deadlines, such as New Jersey. This data will give redistricting officials the Census counts of people in correctional facilities at the location of the facility — enabling states to subtract incarcerated people from the prison location and, in conjunction with the state’s own home address data, reallocate them back home for that state’s redistricting.

States should follow the lead of New Jersey and Governor Murphy and end prison gerrymandering to ensure equal representation for all their residents.

Nevada Governor Steve Sisolak signs law ending prison gerrymandering

Nevada moved swiftly, ending prison gerrymandering in a single legislative session.

May 31, 2019

For immediate release — Yesterday, Nevada Governor Steve Sisolak signed a bill into law ensuring that people in state prisons will be counted as residents of their home addresses when new legislative districts are drawn. The new law makes Nevada the sixth state to end the practice known as prison gerrymandering, after Washington passed its own law just last week.

The Nevada Constitution states that, for the purposes of voting, people in prison should be counted as residents of their hometowns. However, the Census Bureau counts incarcerated people as residents of the places where they are incarcerated. As a result, when Nevada used Census counts to draw past legislative districts, it unintentionally enhanced the weight of votes cast in districts containing prisons — at the expense of all other districts in the state.

“Nevada’s new law recognizes that ending prison gerrymandering is an important issue of fairness,” said Aleks Kajstura, Legal Director of the Prison Policy Initiative. “All districts — some far more than others — send people to prison, but only some districts contain prisons. Counting incarcerated people as residents of the prison gives extra representation to the prison district, dilutes the votes of everyone who does not live next to the state’s largest prison, and distorts the constitutional principle of one person, one vote. This new law offers Nevada voters a fairer data set on which future districts will be drawn.”

The legislation, passed as AB 450, applies only to redistricting and will not affect federal or state funding distributions.

Six other states have legislation to end prison gerrymandering pending in the current session. “We applaud Washington and Nevada for enacting common-sense solutions in a single legislative session,” Kajstura said. “Other states currently considering similar bills should follow its example.”

Washington Governor Jay Inslee signs law ending prison gerrymandering

Washington State moved swiftly, ending prison gerrymandering in a single legislative session.

May 21, 2019

For immediate release — Today, Washington State Governor Jay Inslee signed a bill into law ensuring that people in state prisons will be counted as residents of their home addresses when new legislative districts are drawn, making Washington the fifth state to end the practice known as prison gerrymandering.

The Washington State Constitution states that, for the purposes of voting, people in prison should be counted as residents of their hometowns. However, the Census Bureau counts incarcerated people as residents of the places where they are incarcerated. As a result, when Washington State used Census counts to draw past legislative districts, it unintentionally enhanced the weight of votes cast in districts containing prisons — at the expense of all other districts in the state.

“Washington State’s new law recognizes that ending prison gerrymandering is an important issue of fairness,” said Aleks Kajstura, Legal Director of the Prison Policy Initiative, who was present when the bill was signed. “All districts — some far more than others — send people to prison, but only some districts contain prisons. Counting incarcerated people as residents of the prison gives extra representation to the prison district, dilutes the votes of everyone who does not live next to the state’s largest prison, and distorts the constitutional principle of one person, one vote. This new law offers Washington voters a fairer data set on which future districts will be drawn.”

The legislation, passed as SB 5287, applies only to redistricting and will not affect federal or state funding distributions.

Five other states have legislation to end prison gerrymandering pending in the current session. “We applaud Washington State for enacting this common-sense solution in a single legislative session,” Kajstura said. “Other states currently considering similar bills should follow its example.”

The states with pending legislation include:

• Connecticut: HB 5611, introduced by the Government Administration and Elections Committee for the January Session, 2019.
• New Jersey: S758, “requir[ing] incarcerated individual from State to be counted at residential address for legislative redistricting purposes”, introduced by Senators Sandra Cunningham and Nilsa Cruz-Perez, January 9, 2018, and A1987, introduced by Assemblymembers Sumter, Mukherji, Quijano, and Pinkin, January 9, 2018.
• Oregon: HB 2492, “Relating to redistricting”, has chief sponsors Representative Holvey and Senator Prozanski and regular sponsors Representatives Nosse, Piluso, Sanchez, filed on January 14, 2019.
• Rhode Island: H 5513, “Residence of Those in Government Custody Act”, introduced by Representatives Williams, Vella-Wilkinson, Craven, Caldwell, and Almeida, February 14, 2019. And S 232, “Residence of Those in Government Custody Act”, introduced by Senators Metts, Nesselbush, Quezada, Cano, and Crowley, January 31, 2019.
• Texas: “An Act Relating to the inclusion of an incarcerated person in the population data used for redistricting according to the person’s last residence before incarceration” was filed by Representative Johnson as HB 104 on November 12, 2018.

Washington State passes bill ending prison gerrymandering

Pending Governor Jay Inslee's signature, Washington State will become the fifth state to count incarcerated people at their home addresses during redistricting.

April 23, 2019

On April 23, the Washington state legislature passed a bill ensuring that incarcerated persons will be counted as residents of their home addresses when new legislative districts are drawn in Washington. The bill is now awaiting Governor Jay Inslee’s signature.

The Washington State Constitution states that, for the purposes of voting, people in prison should be counted as residents of their hometowns. However, the Census Bureau counts incarcerated people as residents of the places where they are incarcerated. As a result, when Washington State uses Census counts to draw legislative districts, it unintentionally enhances the weight of a vote cast in districts that contain prisons at the expense of all other districts in the state.

This problem is national, affecting not only Washington but all states. Our past research has found one state house district in Texas, for instance, that was 12% incarcerated people; and 15% of one Montana state house district consisted of incarcerated people imported from other parts of the state.

Washington State is poised to become the fifth state to correct this problem by adjusting Census data to count incarcerated persons at their home address, joining New York, Maryland, Delaware, and California. Nine other states have legislation pending in the current session.

The legislation, passed as SB 5287, applies only to redistricting and would not affect federal or state funding distributions.

“Washington’s legislation recognizes that prison-based gerrymandering is a problem of fairness,” said Aleks Kajstura, Legal Director of the Prison Policy Initiative. “All districts — some far more than others — send people to prison, but only some districts have large prisons. Counting incarcerated people as residents of the prison distorts the principle of one person, one vote. This new law offers Washington voters a fairer data set on which future districts will be drawn.”

Census Bureau will count incarcerated people in the wrong place once again in 2020 Census, continues to distort democracy

Census Bureau announcement means another decade of prison gerrymandering. State-by-state reforms are urgent.

February 7, 2018

For Immediate Release — Today, the U.S. Census Bureau announced how it will define residence for the 2020 Census. Ignoring overwhelming public support for a change in how incarcerated persons are counted in the Census, the Bureau announced it is leaving in place the inaccurate and outdated practice of counting incarcerated persons as “residents” of the prison locations instead of their home communities. In response to this development, the Prison Policy Initiative released the following statement:

The Prison Policy Initiative is profoundly disappointed by the Census Bureau proposal to again count nearly 2 million people in the wrong place on Census day. Continuing this practice will ensure another decade of “prison gerrymandering” that unjustly awards extra political power to the regions that host prisons, perverting the principles of equal representation.

Peter Wagner, Executive Director of the Prison Policy Initiative, said “The Census Bureau blatantly ignored the overwhelming consensus urging a change in the Census count for incarcerated persons. When the Bureau asked for public comment on its residence rules two years ago, over 99% of the 77,863 comments regarding residence rules for incarcerated persons urged the Bureau to count incarcerated persons at their home address, which is almost always their legal address. By planning to once again count incarcerated people as if they were residents of correctional facilities, the Census Bureau has simply disregarded input from the public, redistricting experts, and legislators.”

“The Bureau’s decision is inconsistent with the way the ‘usual residence’ rule is applied to other similarly-situated people,” explained Legal Director Aleks Kajstura. “The Census Bureau is picking favorites based on economic and racial privilege: if boarding school students are deemed to live at home, then the same logic should be applied to incarcerated people.”

The Prison Policy Initiative, along with many other civil rights, voting rights, and criminal justice advocates, have long urged the Bureau to update its rules on incarcerated persons. As our research has demonstrated over the last two decades, the Census Bureau’s practice of counting incarcerated people at the location of the facility harms our democracy at all levels of government.

When state and local officials use the Census Bureau’s prison count data attributing ‘residence’ to the prison location, they give extra representation to the communities that host the prisons and dilute the representation of everyone else. This is harmful to rural communities that contain large prisons, because it seriously distorts redistricting at the local level of county commissions, city councils, and school boards. It also harms urban communities by not crediting them with the incarcerated population whose legal residence never changed.

The Census Bureau defines “usual residence” as the place where a person “eats and sleeps most of the time”, but fails to follow that rule when counting incarcerated people. Treating a prison as a “usual residence” reflects a fundamental misunderstanding of the nature of incarceration. The critical issue is that while a prison itself seems permanent, the people located there on any given day are not. The majority of people incarcerated in Rhode Island, for example, spend less than 100 days in the state’s correctional facilities. If the same people were instead spending 100 days in their summer residence, the Bureau would count them at their regular home address. The Census Bureau continues to carve out an unexplained exception for incarcerated people in order to count them in the wrong place.

Counting incarcerated people at the location of the facility reduces the accuracy of Census data about communities of color. For example, because African-Americans and Latinos are disproportionately incarcerated, counting incarcerated people in the wrong location is particularly bad for proper representation of African-American and Latino communities. Today’s decision continues to sacrifice the accuracy of the Census and harm communities of color.

Despite this major disappointment, the advocates noted two positive developments and pledged to redouble their efforts to help states make the data suitable for redistricting. The Bureau is planning on publishing correctional facility populations early — at the same time as the main redistricting data files that they send to the states. And the Bureau is offering to help states with the number crunching required to adjust the redistricting data on their own even as it leaves people across the country at the mercy of an ad hoc approach to equal representation.

The earlier data publication will make the data adjustments easier for states that end prison gerrymandering on their own, and will be particularly useful for states with short redistricting deadlines. This data will give redistricting officials the Census counts of people in correctional facilities at the location of the facility – enabling states to subtract incarcerated people from the prison location and, in conjunction with the state’s own home address data, reallocate them back home for that state’s redistricting.

The Prison Policy Initiative has long argued that the Census Bureau is in the best position to end prison gerrymandering nationwide, and the organization hopes that, by 2030, the Bureau’s residence rules will reflect reality. But with 2020 and redistricting just around the corner, today’s disappointing announcement makes it all the more urgent that more states pass legislation to end prison gerrymandering in their states.

Links:

• Census Bureau’s 2020 Census Residence Criteria and Residence Situations (in earlier decades these were called the “residence rules”)
• Census Bureau’s memo summarizing the comments and offering their official response
• A public archive of many of the comment letters submitted to the Census Bureau in 2015 and 2016 on ending prison gerrymandering.
• The 2016 comment letter of the Prison Policy Initiative and Dēmos offering a comprehensive rebuttal of the Bureau’s proposed, and now final, determination.

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Statement in Response to Federal Appeals Court Decision In Cranston "Prison Gerrymandering" Case

Court allows prison gerrymandering in Cranston, RI. City still has no logical reason for counting all people incarcerated by the state as residents of a single ward.

September 21, 2016

The following statement was issued today by representatives of the ACLU of Rhode Island, Demos, the Prison Policy Initiative and the ACLU:

"Today, the U.S. Circuit Court of Appeals for the First Circuit overturned a ruling issued earlier this year by U.S. District Judge Ronald Lagueux, who had held that the City of Cranston violated the one person, one vote requirements of the U.S. Constitution when it allocated the entire incarcerated population of the Adult Correctional Institutions (ACI) as 'residents' of one ward of the City when it drew district lines for the City Council and School Committee following the 2010 Census and thereby created significant distortions in local representation. A panel of the First Circuit instead ruled that a recent U.S. Supreme Court ruling dictated a different outcome.

"We respectfully, but strongly, disagree with the First Circuit's ruling. We believe the panel misinterpreted the Supreme Court's recent Evenwel v. Abbott case as vindicating the City's position when it did no such thing. As a result of that misinterpretation, the panel opinion fails to adequately address the critical 'one person, one vote' implications of Cranston's use of prison gerrymandering to overinflate the representation of constituents in the school committee and city council districts where the ACI is located. As a result, we will strongly be considering filing a petition for rehearing of the case before the entire First Circuit.

"To this day, we have heard no logical basis for the City's decision to count the entire ACI population as residing in a single City ward even though people incarcerated there who are able to vote generally are barred from voting there according to state law. In addition to the constitutional concerns, the City's choice is not rational. The prison population is wholly physically and politically isolated from the surrounding community, and local elected officials do not represent those incarcerated at the ACI in any meaningful way. This provides yet another reason for us to consider seeking an en banc rehearing, as well as for the City Council itself to fix this issue for elections in future years, as it had started to do before this appeal was filed.

"During this campaign season, serious concerns and questions about electoral fairness are being raised and felt across the country. Like those disputes, this case goes to the heart of the importance of fair representation, something that Cranston's current system simply does not provide."

Background on the Lawsuit

At issue in the lawsuit was the City of Cranston's choice to count the more than three thousand inmates at the ACI in a single city ward for the purposes of drawing City Council and School Committee districts. Judge Lagueux had agreed with the ACLU and other plaintiffs that this "prison gerrymandering" was improper because those incarcerated at the ACI are not actual 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, all persons incarcerated by the state of Rhode Island are used to account for 25 percent of Ward 6's total "population." According to Census Bureau data, without the non-resident incarcerated population, Ward 6 has only 10,227 true constituents. Yet those constituents now wield the same political power as the roughly 13,500 constituents in each of the other wards.

The case is Davidson et. al. v. City of Cranston. Today's decision and others documents in the case be found here.

Plaintiffs in the case were represented by attorneys with Demos, the Prison Policy Initiative, the ACLU and the ACLU of Rhode Island.

Census Bureau proposes to count incarcerated people in the wrong place once again in 2020 Census, continues to distort democracy

Advocates should make their voices heard to demand a more accurate count

June 30, 2016

UPDATE: Comment deadline extended to September 1.
The Census Bureau has extended the deadline to submit comments to September 1, 2016, explaining: “Because of the scope of the proposed criteria, and in response to individuals and organizations who have requested more time to review the proposed criteria, the Census Bureau has decided to extend the comment period for an additional 31 days.”

Advocates should make their voices heard to demand a more accurate count

Today, the U.S. Census Bureau released its proposal on how to implement residence guidelines for the 2020 Census. Ignoring overwhelming public input supporting a change in how incarcerated persons are counted in the Census, the Bureau announced it is leaving in place the inaccurate and outdated practice of counting incarcerated persons as "residents" of the prison location instead of their home communities. Interested stakeholders have until August 1 to submit further comments before this proposal becomes final. In response to this development the Prison Policy Initiative and Demos released the following statement:

Our organizations, and hundreds of allies around the country, are profoundly disappointed by the Census Bureau proposal to again count nearly 2 million people in the wrong place on Census day. Continuing this outdated practice will ensure an inaccurate 2020 Census and another decade of prison gerrymandering.

Counting incarcerated people as if they were “residents” of the correctional facility makes the Census less accurate for everyone: rural and urban communities; incarcerated persons and their families; governmental authorities trying to draw accurate redistricting plans; researchers trying to understand the demographics of local communities.

Peter Wagner, Executive Director of the Prison Policy Initiative, said “The Census Bureau blatantly ignored the overwhelming consensus urging a change in the Census count for incarcerated persons. When the Bureau asked for public comment on its residence rules last year, 96% of the comments regarding residence rules for incarcerated persons urged the Bureau to count incarcerated persons at their home address, which is almost always their legal address. By proposing to once again count incarcerated people as if they were residents of correctional facilities, the Census Bureau has simply disregarded input from the public, redistricting experts, and legislators.”

Demos and the Prison Policy Initiative, along with many other civil rights and criminal justice advocates, have long urged the Bureau to update its rules on incarcerated persons. According to Brenda Wright, Vice President of Policy and Legal Strategies at Demos, “The Bureau’s proposed rules will perpetuate the distortion of democracy that results from padding the population counts of communities with prisons.”

“When state and local officials use the Census Bureau’s prison count data attributing ‘residence’ to the prison,” Wright continued, “they give extra representation to the communities that host the prisons and dilute the representation of everyone else. This is harmful to rural communities that contain large prisons, because it seriously distorts redistricting at the local level of county commissions, city councils, and school boards. It also harms urban communities by not crediting them with the incarcerated population whose legal residence never changed.”

The Census Bureau defines “usual residence” as the place where a person “eats and sleeps most of the time”, but fails to follow that rule when counting incarcerated people. The majority of people incarcerated in Rhode Island, for example, spend less than 100 days in the state’s correctional facilities. If the same people were instead spending 100 days in their summer residence, the Bureau would count them at their regular home address. The Census Bureau continues to carve out an unexplained exception for incarcerated people in order to count them in the wrong place.

The Bureau’s failure to update its rules regarding incarcerated persons is particularly misguided given that the Bureau decided that other populations – deployed overseas military, and juveniles staying in residential treatment centers – should be counted in their home location even if they are sleeping elsewhere on Census Day. It made these changes even though there were far fewer public comments identifying these issues as causing the magnitude of problems that the public commentary on the prison miscount highlighted.

Counting incarcerated people at the location of the facility reduces the accuracy of Census data about communities of color. For example, because African-Americans and Latinos are disproportionately incarcerated, counting incarcerated people in the wrong location is particularly bad for proper representation of African-American and Latino communities. “The Bureau’s counting method means that counties in upstate New York show up as wonderfully diverse in population – solely because there is a large prison in the county,” observed Wright. “It is truly disappointing that the Bureau has proposed to sacrifice the accuracy of the Census in a way that so clearly harms communities of color.”

The Bureau’s failure to update its residence rules is also creating legal problems because federal courts have started to recognize that the Bureau’s prison count can result in constitutional violations of one person, one vote requirements. There have already been successful Equal Protection challenges to prison gerrymandering in federal district courts in Jefferson County Florida and Cranston Rhode Island. The Bureau’s failure to change the way it counts incarcerated populations will ensure that these constitutional challenges continue into the coming decade.

The sole positive outcome in the Bureau’s proposal regarding incarcerated persons is to allow states to request individualized Census counts that reallocate incarcerated populations to their home addresses. This will make it somewhat easier for states to adopt their own legislation to count incarcerated persons in the right location. Four states (California, Delaware, Maryland and New York) have already adopted such reforms, and more should consider doing so now. Wagner pointed out that, “by making this option available, the Bureau is really acknowledging that its own counting rules do not work well for many states – a reality that should have prompted a full overhaul of the current rules on allocating incarcerated population. And people across the country will continue to be at the mercy of an ad hoc approach to equal representation.”

Stakeholders interested in a fair and accurate Census count in 2020 should make sure to submit comments to the Bureau by August 1 to explain why it must revise this proposal and count incarcerated persons at home in the 2020 Census.

Federal Court Rules that Prison-based Gerrymandering Violates the Constitution

A U.S. District Judge ruled today that the City of Cranston violated the one person, one vote principle of the U.S. constitution when it counted people incarcerated at the Adult Correctional Institutions as "residents" of one Ward of the City.

May 24, 2016

City of Cranston, Rhode Island ordered to redraw district lines within 30 days

FOR IMMEDIATE RELEASE: Tuesday, May 24, 2016

Contact:
Steven Brown (ACLU of RI): 401 831-7171

Providence, RI. — In a precedent-setting ruling, U.S. District Judge Ronald Lagueux issued a decision today holding that the City of Cranston violated the one person, one vote requirements of the U.S. Constitution when it allocated the entire incarcerated population of the Adult Correctional Institutions (ACI) as “residents” of one ward of the City when it drew district lines for the City Council and School Committee following the 2010 Census. The ruling allows the City 30 days to present the Court with a new redistricting plan meeting constitutional requirements.

Today’s ruling, just the second of its kind in the nation, concluded that the City artificially inflated the population count of Ward 6, where the ACI is located, by treating all incarcerated persons as “residents” of the prison for redistricting purposes. Doing so, said the court, violates the rights of persons residing in other wards to equal representation as required by the Equal Protection Clause of the Constitution.

“I’m thrilled that our fight for equal representation has been successful,” said Karen Davidson, lead plaintiff. “Fairness in redistricting is a fundamental right and I’m glad that the court has vindicated our claims.”

At issue in the case was the City of Cranston’s choice to count the more than three thousand inmates at the ACI in a single city ward for the purposes of drawing City Council and School Committee districts. Plaintiffs argued this “prison gerrymandering” was 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.

Judge Lagueux agreed with the plaintiffs’ claims, stating that “the ACI’s inmates lack a ‘representational nexus’ with the Cranston City Council and School Committee.” He noted that “Cranston’s elected officials do not campaign or endeavor to represent their ACI constituents,” and pointed out that that the majority of incarcerated persons cannot vote, and those who can are required by law to vote by absentee ballot from their pre-incarceration address.

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 13,500 constituents in each of the other wards.

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

“This is a big win for democracy,” said Adam Lioz of Demos, counsel for the plaintiffs. “Prison gerrymandering distorts representation and should no longer be tolerated. This decision should pave the way for other courts to address this long-standing problem.”

“We applaud the court’s decision requiring the City to correct its prison gerrymandering problem without delay,” said Steven Brown, executive director of the ACLU of Rhode Island. “It is time for Cranston to stop holding elections under a one-person, three-quarters of a vote regime.”

“Counting people at the ACI as constituents of Ward 6 officials made 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.”

“This ruling means that Cranston can no longer play games with our democracy by artificially inflating the political power of one district over another. People who are incarcerated should be counted as residents of the districts where they lived, not as so-called ‘residents’ of where they are involuntarily confined,” said Sean Young, staff attorney with the ACLU’s Voting Rights Project.

ACLU of RI volunteer attorney Lynette Labinger added: “The ACLU first urged the City to redraw its district lines four years ago in order to protect the rights of voters in the City’s five other wards. I am gratified that they should soon have their voices heard in equal measure with those in Ward 6.”

The case is Davidson et. al. v. City of Cranston. Plaintiffs’ complaint can be found here and their motion for summary judgment is here. Judge Lagueux’s ruling is here.

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.

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.