Shorts archives

Great radio interview with Senator Schneiderman and Charlie Albanetti. Senator Griffo is quoted repeating the same long-debunked myths and objections to reform.

by Peter Wagner, June 30, 2010

David Lucas on WAMC’s Legislative Gazette in Albany interviews Sen. Eric Schneiderman and Charlie Albanetti of Citizen Action about legislative proposals to end prison-based gerrymandering in New York State. The practice of using prison counts to draw legislative districts inflates the political representation of some communities and dilutes the representation of others.

Senator Griffo is also interviewed about his opposition to reform. He concedes that it’s ok for 13 rural counties to reject the prison counts when drawing districts, but he argues that changing the state redistricting data is somehow going to affect federal funding based on federal Census data. That’s just wrong. Don’t take my word or Charlie Albanetti’s word for it. Even the editorial board of Senator Griffo’s hometown paper supports ending prison-based gerrymandering in New York.

The segment starts at 13:40 and runs until 16:55.


by Peter Wagner, June 28, 2010

article thumbnailThe New York Times says it is time for Albany to end the practice of prison-based gerrymandering, in which people in prison are counted as “residents” to inflate some election districts at the expense of all other districts.

A Chance for a Fairer Count, June 28, 2010.


LDF issues new report on prison-based gerrymandering.

by Aleks Kajstura, June 10, 2010

Dale Ho, of the NAACP Legal Defense & Educational Fund, Inc. (LDF) writes about the LDF’s new prison-based gerrymandering report on the American Constitution Society (ACS )blog. The piece explains that prison-based gerrymandering “undermines the integrity of our political process.”


Pennsylvania-focused op-ed argues that voting power should be based on actual residents, not prison populations.

by Aleks Kajstura, June 10, 2010

In a recent op-ed on Philly.com, Daniel Denvir argues that voting power should be based on actual residents, not prison populations. The piece includes examples of legislators voting contrary to the interests of high incarceration communities while claiming incarcerated members of those communities as constituents.


The Honolulu Advertiser highlights how the Census Bureau's decision to credit Hawaiian prisoners to mainland prisons hurts the Hawaiian count.

by Peter Wagner, May 17, 2010

Michael Tsai has a lengthy article in the Honolulu Advertiser that Hawaii prisoners held on Mainland skew census results. I’m quoted, as is Momi Fernandez, director of the Data and Information/Census Information Center at the Native Hawaiian advocacy group Papa Ola Lōkahi.

The article draws some research from the Hawaii section of our 50-state report Fixing prison-based gerrymandering after the 2010 Census.

Close readers of this blog may be surprised by the article’s emphasis on a funding impact from where people in prison are counted. Normally, we argue the Census Bureau’s prison miscount has very little impact on funding. Most federal aid is block grants to states, and most people in prison are incarcerated in their home state. Hawaii is a bit of an exception because it ships so many people to other states, so it does lose some Medicaid and Highway funding.

From my perspective, though, the largest impact is probably the effect on the redistricting process.

Given the concentration of Native Hawaiians in that state’s criminal justice system, accurately counting Hawaii’s prison population is critical for electoral fairness and statistical planning. Because the Census Bureau does not collect the necessary data, I don’t know exactly where the state’s incarcerated people are from and I can’t predict exactly how the prison miscount hurts Native Hawaiians in that state. But I can show the harm caused at the other end of the prison count, as the article explains:

Census reform advocates also argue that large concentrations of prisoners — particularly in the small, rural communities where prisons-for-rent have proliferated in recent years — compromise the integrity of census data and raise threat of gerrymandering during district reapportionment.

In the 2000 census, prisoners from Hawai’i unknowingly played a part in just such a scenario.

According to census data, Native Hawaiians accounted for roughly half of the resident population of Appleton township in Swift County, Minn. — because of a contract between the state of Hawai’i and the Corrections Corporation of America, which operated the district’s Prairie Correctional Facility.

Peter Wagner, founder of the Massachusetts-based Prison Policy Initiative, said counting Hawai’i prisoners as residents of the district surrounding the prison artifically inflated the area’s population profile for redistricting purposes and unfairly weighted the influence of district voters in county governance.


Editorials and articles explain how the state's new counting method will improve democracy.

by Elena Lavarreda, May 7, 2010

Last week, both The Capital and the Baltimore Sun published excellent pieces on a new Maryland law. The first-in-nation law will improve fairness and accuracy of the Census data used for redistricting purposes.

Both pieces (one article, one editorial), point out an important part of what this bill seeks to rectify—the fact that Somerset County, which is 42% African-American, has yet to elect an African-American County Commissioner in its history.

Previous to a 1986 lawsuit that intended to correct a vote dilution problem in Somerset County, the county had “at-large” voting, meaning that there were no districts. Despite having a large population of African-Americans, Somerset County was unable to elect a Black commissioner, because the voting power of the African-American community was essentially diluted by the majority-white voters.

The lawsuit was settled, and Somerset County was divided into districts, yet still not one African-American commissioner was elected. Why? Because shortly after the lawsuit was settled, a new prison opened in what was intended to be the majority African-American district, splitting the actual African-American population into two districts. Again African-Americans were unable to draw an effective majority-African American district. The passing of this bill will finally make it possible for Somerset County to elect its first African-American commissioner.

While some legislators with prisons in their districts opposed the bill, fearful of the shifts it might cause, some legislators with prisons in their districts supported it.

The Capital reports:

[Joseline] Pena-Melnyk and other District 21 state representatives – Del. Ben Barnes, Del. Barbara Frush and Sen. Jim Rosapepe, all Democrats who voted for the bill, too – conceivably could lose ground because their district includes Jessup [Correctional Facility] as well.

Pena-Melnyk believes the importance of equity overrides any parochial interest.:

“It doesn’t matter,” she said. “To me, it is just a fair way to count.”


The NAACP LDF announces support for ending prison-based gerrymandering in Rhode Island, and the major opponents of reform change positions.

by Peter Wagner, May 6, 2010

John Hill reports in the Providence Journal that:

CRANSTON — The city has eased up on its resistance to a bill that would change the way state prison inmates are counted for state and local election purposes, as long as the bill doesn’t weaken the city’s position when it seeks population-based grants or other benefits, a city official said Wednesday.

The bill would not affect funding formulas, so this removes a major political obstacle to Census reform in Rhode Island!

In related exciting news, the NAACP Legal Defense and Education Fund has sent statements of support of the bill to the Senate and the House.

Previous blog coverage of the effort to end prison-based gerrymandering in Rhode Island:


Stealing their right to vote and attributing it to someone else, writes Daniel Loeb in The Philadelphia Jewish Voice.

by Elena Lavarreda, May 3, 2010

Dr. Daniel E. Loeb recently wrote a compelling piece for The Philadelphia Jewish Voice entitled, Political Prisoners in the United State? Depoliticizing our Criminal System?

Loeb grapples with the concept of “political prisoner” and asks, “Does the United States actually have political prisoners?”

There might be many reasons why the answer to the question is a firm “yes!”, but in Dr. Loeb’s piece he discusses two ways in which, “…millions of American citizens in the criminal justice system … are pawns in our political system”; first, through “voter suppression”, and second, through the “enumeration of prisoners”.

After a discussion of voter suppression, he asks the reader:

What could be worse that suppressing someone’s right to vote?

He cleverly answers:

Stealing their right to vote and attributing it to someone else.

Otherwise known as–prison-based gerrymandering! Loeb clearly demonstrates the negative state and local level impact that counting prisoners as residents of their prison cell has on American democracy, but he finds room for optimism. He applauds the Census Bureau for their early release of the group quarter counts:

Fortunately, the census bureau has become more attentive to the situation. Census Director Robert Groves has agreed to identify which census blocks contain group quarters such as correctional facilities early enough so that state and local redistricting bodies can choose to use this data to draw fair districts.


Counting inmates in council districts skews representation.

by Peter Wagner, April 23, 2010

Mark Bennett writes in the Terre Haute Indiana Tribune Star on April 15: Does counting inmates in council districts skew representation? Policy group says yes.

Bennett explains the One Person One Vote problem created by padding one City Council ward with a large and growing federal prison complex, and interviews the city councilor from that district who says he wouldn’t oppose change.

The final paragraphs of the column:

“If the town wants to give everyone the same influence over city affairs, they need to give everyone in the city the same access to government,” Wagner said.

The city should consider Wagner’s point before drawing those lines….

This column reflects a new stage in a years-long debate in Terre Haute. I wrote letters to the editor in July 2009 and March 2006. With city council redistricting almost upon us, the timing is right for reform.


Activists and the major paper on Maryland's Eastern Shore are hailing the passage of the No Representation Without Population act.

by Peter Wagner, April 23, 2010

I forgot to post this last weekend, but it’s worth sharing now.

On April 17, the Daily-Times on Maryland’s Eastern Shore hailed the passage of Maryland’s new No Representation Without Population Act. A day earlier, the paper interviewed local activists who also cheered the passage of the law.

The “No Representation Without Population Act” requires prisoner populations be counted in their home districts, not where they are incarcerated.




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