Shorts archives

Bay State Banner reports on creativity needed to end prison-based gerrymandering in Massachusetts now.

by Aleks Kajstura, June 9, 2011

If Massachusetts wants to stamp out prison-based gerrymandering within its borders a piecemeal approach is required, as reported by this week’s edition of the Bay State Banner.

Last year, New York, Maryland and Delaware passed laws to correct the possible violation of the one person, one vote principle and adjust census data, which the states are using in redrawing legislative districts based on the 2010 Census….

In Massachusetts, the Legislature cannot adopt similar legislation without amending the state constitution, the only one in the country that indisputably requires the census be used in state redistricting.

Still, activists have figured out creative strategies to limit the distortion of voting power and are lobbying the Special Joint Committee on Redistricting to embrace them.

The key to their strategies is the limited flexibility that the U.S. Supreme Court allows in how many people live in each district. That number can vary as much as 5 percent above or below what would be an exactly equal amount in every district.

Two activists [Peter Wagner of the Prison Policy Initiative and Brenda Wright of Demos] have urged the redistricting committee to give legislative districts with prisons up to 5 percent more residents, and those districts where many prisoners last lived up to 5 percent fewer residents….

Wright recommended the Legislature pass a resolution calling for the Census Bureau to change the way it counts prisoners, an adjustment that would come too late to affect the current round of redistricting. She also urged the Legislature to start the long process of amending the constitution in case the federal agency does not take action.

Wagner said it would be better for Massachusetts and the rest of the country if the Census Bureau did change its method of counting prisoners.

“I think the ideal place for a fix to happen is at the Census Bureau,” Wagner said in an interview. “It would be easier on states and local governments if they did it.”


Bill to end prison-based gerrymandering in California passes the Assembly, moves on to consideration by the Senate.

by Aleks Kajstura, June 1, 2011

California’s bill to end prison-based gerrymandering (AB 420) just passed the Assembly, it now moves on to the Senate.

The bill, introduced by Assemblymember Davis, had previously been approved by the Assembly Committee on Elections and Redistricting. The votes on the bill and discussions of prison-based gerrymandering in California clearly illustrate that this is not a partisan issue. The Los Angeles Sentinel reports that the bill would clarify California electoral law and ensure equal districts regardless of prison populations. Organizations that support the bill include: NAACP Legal Defense Fund, Lawyers Committee for Civil Rights, the League of Women Voters, Drug Policy Alliance, Legal Serves for Prisoners with Children, Friends Committee on Legislation, the Prison Policy Initiative, the Greater Sacramento Urban League, the Advancement Project, the Ella Baker Center for Human Rights, First AME and the California Black Pastors Association.

While the State works to end prison-based gerrymandering in state redistricting, California counties are taking action in local redistricting efforts. Imperial County studied the issue and decided not to include prison populations in its redistricting data. A resolution to prohibit the use of prison populations in redistricting was just recommended by a County Supervisor in Madera County.


Interviews with local officials in Indiana reveal bi-partisan and wide-spread support for ending prison-based gerrymandering.

by Aleks Kajstura, May 31, 2011

DePauw University students created a great introductory video to the issue of prison-based gerrymandering. The students’ interviews with local officials in Indiana reveal bi-partisan and wide-spread support for ending prison-based gerrymandering:

As the video shows, prison-based gerrymandering in Indiana’s local governments is often inadvertent and results from confusion about the choices available to counties and municipalities.

Large prison populations can easily skew political power within a city. Terre Haute’s prison population, for example, nearly doubled over the past decade. Unless the council takes that into account when drawing districts, it faces drawing a district where 1/3 of the population are non-residents currently held at the local prisons.

As counties and municipalities across Indiana prepare to redistrict, they should join the over 100 local governments nationwide that avoid prison-based gerrymandering by adjusting their redistricting data.


Common Cause briefing on prison-based gerrymandering in Connecticut draws interest from legislators.

by Aleks Kajstura, May 18, 2011

Connecticut’s Common Cause held a briefing at the capitol to discuss prison-based gerrymandering in Connecticut.

The CT News Junkie covered the briefing, including some more in-depth reporting:

Bilal Dabir Sekou, associate professor of political science at the University of Hartford, used some statistics to illustrate the effect gerrymandering has on minorities. Black and Latino residents make up just 19 percent of the state’s population but are 72 percent of the inmate population, he said.

According to data from the 2000 Census, 75 percent of state’s prison cells are located in districts that are disproportionately white, he said. Most of the prisons are in five towns: Cheshire, East Lyme, Enfield, Somers, and Suffield, he said. Together, those towns are technically home to just 1 percent of the state’s prisoners, he said.

“Fifteen percent of one district was incarcerated, giving every group of 85 residents near the prison as much political influence as 100 residents as any other district in the state,” he said.

Rep. Tim O’Brien, D-New Britain, said that prison-based gerrymandering is a distortion of representation at the Connecticut’s Capitol. He pointed to a disconnect in the state’s laws.

There is a law that requires inmates who are eligible and willing to vote, to do so by absentee ballot in the municipality they came from, he said. But when it comes to population counts for legislative districts they are counted where they are incarcerated, he said.

Jonathan Kantrowitz also blogs about the issue at the CT Post.

Video of the briefing at the capitol is available on Connecticut Network. The briefing includes Connecticut legislators and representatives from Common Cause, Prison Policy initiative, A Better Way Foundation and the NAACP’s Legal Defense Fund (LDF).

The Common Cause press release:

Common Cause in Connecticut Urges State to End Prison Based Gerrymandering

As Connecticut prepares for the once a decade legislative redistricting and reapportionment, Common Cause in Connecticut called on political leadership to end Prison Based Gerrymandering, the problem caused by the counting incarcerated people in Connecticut as residents of the correctional facility not their home addresses. During the last Census in 2000, the U.S counted almost 20,000 people in state or federal prison cells in the state. Without using prisoners as padding, 7 state house districts would not meet federal minimum population requirements and would need to be redrawn.

“Prison-based gerrymandering distorts the democratic process and dilutes minority voting rights,” said Dale Ho, Assistant Counsel at the NAACP Legal Defense Fund. “Towns that have large prison populations, like Enfield, have decided not to treat prisoners as members of the local community when drawing local election district lines. The state as a whole should follow their example, and should stop using prison populations to arbitrarily and irrationally inflate the voting power of a handful of districts to the detriment of all other Connecticut citizens.”

“When I was incarcerated, I was prohibited by law from claiming that town as my residence,” said Kenny Jackson, Family Reentry of Bridgeport, “I shouldn’t have been counted there as if I was a resident.”

Connecticut should follow the lead of Maryland, Delaware and New York and abolish prison based gerrymandering. All three states passed legislation requiring the state to collect home address for incarcerated persons. The home address data will be used to adjust Census data for redistricting purposes so that districts will be based on everyone’s actual place of residence.

Peter Wagner, Executive Director of the Prison Policy Initiative said “The lines being drawn now will be in place for the next decade. The General Assembly needs to act quickly to ensure that all residents – regardless of whether they live next to a prison – are given the same voice.”

The Prison Policy Initiative’s analysis of the districts drawn after the 2000 Census found that:

  • 15% of one district was incarcerated, giving every group of 85 residents near the prison as much political influence as 100 residents in any other district in the state.
  • The majority of the state’s prison cells are in the 5 towns of Cheshire, East Lyme, Enfield, Somers and Suffield that together are home for just 1% of the state’s prisoners.
  • In a state where African-Americans are almost 13 times as likely to be incarcerated as whites, and Latinos are incarcerated 7.5 times as often as whites, crediting people in prison to the districts that contain the prisons has negative effects on minority representation. According to the Prison Policy Initiative, 75% of the state’s prison cells are in legislative districts that are disproportionately White.

Reapportionment and Redistricting signal that decisions will soon be made about how many Representatives each State gets and even who will be your next Representatives and how likely they are to stay in power. And this is all happening without your vote, “All communities suffer when a small portion of Connecticut residents are granted more than their fair share of representation while the rest of Connecticut voters effectively have their votes diluted,” Cheri Quickmire, Executive Director of Common Cause in Connecticut said, “Giving a few communities extra representation just because they happen to have a correctional facility is not fair to the rest of Connecticut’s citizens.”

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Demos testifies in support of avoiding prison-based gerrymandering in Massachusetts as legislative districts are redrawn.

by Aleks Kajstura, May 18, 2011

Massachusetts is in the midst of redrawing legislative districts for the next decade. Brenda Wright, Director of the Democracy Program at Demos, testified about prison-based gerrymandering before the Before the Special Joint Committee on Redistricting of the Massachusetts General Court. The extensive and thorough testimony included this summary of the problem:

Because of the rise in incarceration rates, the practice of allocating incarcerated persons to prison districts substantially skews redistricting. As shown by research conducted by the Prison Policy Initiative, without using prison populations as padding, five Massachusetts House districts would not have met minimum constitutional population requirements after the 2000 Census.

Kevin Peterson provides more background on redistricting issues facing Massachusetts in a recent CommonWealth Magazine article.


The Times Union ran commentary critical of a lawsuit seeking to bring prison-based gerrymandering back to New York while the DOJ approved the new law.

by Aleks Kajstura, May 17, 2011

The New York Daily News reports that the law ending prison-based gerrymandering in the state passed the Department of Justice’s review.

The Justice Department’s pre-clearance of the law does not, however, deter the law’s opponents. The Times Union published commentary written by Ekow N. Yankah, an assistant law professor at the Benjamin N. Cardozo School of Law and Leonard Kohen, an election law and voting rights attorney. The writers discussed a lawsuit aimed to return prison-based gerrymandering to New York.

The senators’ lawsuit challenges the law as giving unequal treatment to “different classes” of voters. Further, they argue that because the state Constitution allegedly contains no specific provisions for how to count prisoners in the census, a constitutional amendment was required to enact the law.

They can support their arguments only by distorting the state constitution. First, the constitution, in the very section that they cite in their complaint (Article III, section 4), allows the state to use other information where the federal census data is not precise or adequate for apportioning electoral districts.

Second and most directly, both the constitution and state election law explicitly guarantee that, for voting purposes, no one shall be deemed to have lost his or her residence while confined in prison. Thus, the premise of their lawsuit flatly contravenes the state constitution.

The constitution has always been clear that prisoners remain residents of their pre-incarceration addresses for voting purposes, and for the first time our state redistricting procedures will be in compliance. Indeed, nowhere in the lawsuit do the senators mention that before the enactment of the law that they are challenging, the majority of New York’s counties that have large prisons refused to use the prison populations in drawing their country districts.


Maryland releases redistricting data, adjusted to avoid prison-based gerrymandering in the state.

by Aleks Kajstura, May 4, 2011

Maryland just released its “Green Report” of redistricting data, adjusted to prevent prison-based gerrymandering in the state.

The Maryland Department of Planning announces:

The report, released jointly by the Maryland Departments of Planning, Legislative Services, and Public Safety and Correctional Services, contains tables of population counts for the 1,849 voting districts, or precincts, in Maryland’s 23 counties and Baltimore City. The counts were derived from the 2010 Census. Also, for the first time, the data was adjusted for the purposes of creating Congressional, State Legislative and local districting plans in accordance with the “No Representation Without Population Act,” signed into Maryland law in 2010. This law requires that census data be adjusted to reassign Maryland residents in correctional institutions to their last known address and to exclude out-of-state residents in correctional institutions for the purposes of the redistricting count.

The Green Report is available through the Maryland redistricting website, which contains additional population tables for the report as well as other data, FAQs and other tools to make the Maryland redistricting process accessible to the public.


California bill to end prison-based gerrymandering introduced by Assembly Member Davis; Dale Ho of the LDF testified in support.

by Aleks Kajstura, May 3, 2011

Assembly Member Davis recently introduced legislation to end prison-based gerrymandering in California. AB 420, An act to add Section 21003 to the Elections Code, relating to redistricting, received the support of the NAACP Legal Defense and Educational Fund (LDF) in testimony today.


Formal resolutions and recommendations from organizations and legislative bodies regarding prison-based gerrymandering are now compiled on our site.

by Aleks Kajstura, April 29, 2011

Many organizations and legislative bodies have made formal resolutions and recommendations critical of the Census Bureau’s prison count and condemning the practice of prison-based gerrymandering.

Our resolutions page gathers these resolutions from organizations like the NAACP, the Census Bureau’s own Advisory Committee, city councils and other local governments. This new page also has some sample resolutions that are a great starting-point for introducing a resolution in your organization or town, city, county or state legislature.


Hale County Judge Bill Coleman will avoid prison-based gerrymandering in redrawing the district lines for the County.

by Aleks Kajstura, April 28, 2011

One more county in Texas will now avoid prison-based gerrymandering, making sure that no resident is given extra clout just because they share a district with a prison. The Plainview Daily Herald reports: County judge will not consider prison population in county redistricting:

[Hale County Judge Bill] Coleman, who began his first term in January, acknowledged that he was stunned when he learned that fact, given that prisoners are convicted felons and cannot vote, and even if they could their place of legal residence is where they are from, not where they are incarcerated.

“It made no sense to me,” Coleman said.

[L]ocal Census data will include local prison populations, and that data isn’t always easy to find. The result is that either by accident or through unscrupulous motive, local governmental agencies will include those numbers of ineligible voters in their redistricting plans.
While accidental inclusion is a problem…, intentional inclusion can be a way to gerrymander voting precincts to achieve a certain goal.

For Coleman, the inclusion of the prison population in Hale County’s redistricting plan has never been an option, though. He made that clear when the issue first came up during a regular commissioners court meeting earlier this month, and he has not changed his position.

There would be no justifiable reason for including the prison population,” he said in a recent interview.




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