Site Network: Prison Policy Initiative | Prisoners of the Census

The Census' prisoner miscount distorts democracy

The Census Bureau counts prisoners as if they lived voluntarily in the communities where they are incarcerated. And though most states bar prisoners from voting, the inaccurate census figures allow state lawmakers to pad district populations when drawing legislative maps. This creates prison districts with disproportionate voting power and drains political influence from the urban districts where most prisoners live.

Disenfranchised urban prisoners are not rural constituents

by Peter Wagner, November 24, 2003

map showing New York Assembly District 114 represented by Chris Ortloff. The map shows the borders of the district, its location in the north east corner of the state and the location of the prisons in the district

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

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