Disenfranchised urban prisoners are not rural constituents

by Peter Wagner, November 24, 2003 Link

Counting urban prisoners as rural residents turns the entire idea that districts should be of equal population on its head. In three New York Senate districts, and 10 Assembly districts, at least 2% of the “constituents” are prisoners. The district of upstate Republican Chris Ortloff has the highest percentage of prisoners in the legislature: 6.99%.

The population to be “represented” by Assemblyman Ortloff includes 5,594 Black adults, 82.6% of who are barred by law from ever voting for or against him. By the time these prisoners complete their sentences and are again allowed to vote, they will be back home in a different district.

The prisoners should never have been counted locally for the same reason vacationers are not counted locally: they are only there temporarily.

Importing Constituents: Prisoners and Political Clout in New York

How prison counts change district lines. A graphical explanation using Assemblyman Chris Otloff’s district 114 as the example

Kansas proves adjusting Census is possible

by Peter Wagner, November 17, 2003 Link

The experience in Kansas shows that it is practical to adjust the Census data to reflect state residents at their home, rather than Census, addresses. If the federal Census does not change how it counts special populations, it is not necessary for a state to entirely abandon the federal census. Kansas switched from its own state census to the federal census with one exception: Kansas does a special census of students and military personnel so it can change how they are counted in the data used for redistricting. Expanding this practice to prisoners should be quite simple.

The Kansas Constitution requires that redistricting be based on Census data adjusted to:

• exclude non-resident students and military personnel and
• transfer in-state students and military personnel back to their home addresses elsewhere in Kansas.

States are not required to use the federal census

by Peter Wagner, November 10, 2003 Link

While states must redistrict on the basis of actual population, the U.S. Constitution does not require states to use the federal census for its own redistricting:

“Although a state is entitled to the number of representatives in the House of Representatives as determined by the federal census, it is not required to use these census figures as a basis for apportioning its own legislature.”

States are therefore free to use their own census or to correct how the federal census counts prisoners.

Bethel Park v. Stans, 449 F.2d 575, 583 (3rd Cir. 1971)