Senator Cunningham introduced the bill in January, and the bill was now up for consideration before the Senate committee. There was great turn-out in support of the bill, and I joined several people in presenting testimony: Brother Aula Sumbry (Integrated Justice Alliance of New Jersey), Dr. Johanna Foster (Integrated Justice Alliance), Alex Shalom (ACLU – New Jersey), Nicole Plett (Building One New Jersey), Lawrence Hamm and Jean Ross (People’s Organization for Progress), and Scott Nolen (New Jersey Institute for Social Justice).

When voting to pass the bill, Senator Turner (District 15) noted that she was voting in favor of the bill even though she had large prisons in her district. If New Jersey values fairness and equality as much as Senator Turner does, then the state will soon be the 5th in the country to end prison-based gerrymandering at the state level.

New York and Maryland implemented their laws ending prison-based gerrymandering this past redistricting cycle and California and Delaware’s laws will first apply after the next census. The New Jersey bill will now go onto the full Senate.

Peter was chosen as a finalist for the award in recognition of his leadership in the movement to abolish prison-based gerrymandering. Our friend and advisory board member Bruce Reilly wrote a great blog post that explains why he voted for Peter and why you should, too.

Thanks for your support, and for sending the message that prison-based gerrymandering must end.

Terre Haute is joining hundreds of other communities with big prison populations by voting to remove those prisoners when drawing legislative districts.

At the urging of the city’s legal department, the City Council voted unanimously Thursday evening to exclude the approximately 3,200 federal inmates in the city from being counted when officials draw new city council district boundaries this year. The move will allow each district to have approximately the same number of eligible voters, a redistricting priority.

The City Council’s decision is especially good news given the federal prison’s ballooning population growth over the last decade. Because the prison nearly doubled in size since the last redistricting cycle, the distortion of prison-based gerrymandering would have been particularly dramatic this time around: two people who live in the district that contains the prison could have had as much say in city affairs as three people in any other district.

Moving forward, residents of the city council district with the prison will no longer be granted unwarranted additional political clout at the expense of all other residents.

Way to go, Terre Haute!

Last summer, AB 420 (now Section 21003 of the Elections Code) presented a uniform state-wide solution to California’s problem of prison-based gerrymandering, making California the fourth state to end the practice. AB 420 aimed to prepare the State to count incarcerated people at home for redistricting purposes after the 2020 Census, and AB 1986 proposes to make improvements to the law based on New York and Maryland’s implementation of their laws ending prison-based gerrymandering.

AB 1986 extends AB 420 to apply to prison populations in federal prisons. AB 420 only provided for the collection of home addresses of people incarcerated in state prisons.

AB 1986 also increases the precision in the required data. Currently the redistricting data is only requested to be adjusted by zip code, but the new bill expressly references Census blocks, which are the smallest geographic unit used by the Census Bureau. Switching to Census blocks creates more precision while also creating greater compatibility with the Census Bureau’s redistricting data sets.

Lastly, AB 1986 puts greater privacy protections in place. It requests that the Commission not publish the home addresses of incarcerated people, but only the final population data aggregated to Census blocks.

A full bill analysis is available from the Assembly Committee on Elections and Redistricting. AB 1986 is now up for committee assignment in the Senate.

In a recent Kansas City Star column, Mary Sanchez pointed out that, “Kansas has the potential for shenanigans like no other state, thanks to the high concentration of inmates in the Leavenworth area.” She’s right: almost a quarter of proposed House District 40 is incarcerated in Leavenworth-area state, federal and military prisons. The district is somewhat over-populated, but the effect of the prison is massive. If the proposed House districts become law, every 4 voters who live near the prison will have the same influence as 5 voters in other districts.

The impact of prison-based gerrymandering is a little smaller in Kansas Senate districts because they contain more people, but the distortion is still numerically significant due to the concentration of Leavenworth prisons. In the Senate’s proposed plan, nearly 8% of the State Senate District 5 is incarcerated.

But the benefits of ending prison-based gerrymandering in Kansas extend even beyond electoral fairness. A Leavenworth-area paper recently featured the question of how to split Leavenworth County between multiple State Senate districts. The problem is that Leavenworth County is too large, by Census figures, to be a single Senate District, confounding the efforts of those who want to keep the community from being divided.

Here’s the kicker: after removing the population inflation caused by prison-based gerrymandering, the number of actual residents in Leavenworth County is just about right for the county to be its own district.

If Leavenworth County residents want to avoid being divided between two Senate districts in this round of redistricting, they should consider insisting on ending prison-based gerrymandering. Fairness in redistricting often has a lot of positive side effects.

Campaign for America’s Future recently announced the five finalists and opened public voting:

Two Occupy movement volunteers, a Chicago community organizer, an Atlanta health care activist and a crusader against “prison-based gerrymandering” have been nominated for the annual Maria Leavey Tribute Award, which honors an unsung progressive hero. The deserving person you select will receive the award at the June 18-20 “Take Back the American Dream” Conference. The five finalists were announced earlier today on our conference website, and now the voting begins to select a winner.

Peter launched the movement to end prison-based gerrymandering ten years ago with the Prison Policy Initiative’s first report, Importing Constituents: Prisoners and Political Clout in New York. He found that an archaic Census Bureau rule enabled legislators with prisons in their districts to claim incarcerated people as “constituents,” bar them from the polls, and then use that extra clout to advocate for more prison expansion.

Over the last decade, Peter worked to expose the problem of prison-based gerrymandering and bring new organizations and leaders in to the movement. The bi-partisan urban and rural movement has won many victories. Four states and hundreds of local governments around the country refuse to dilute the votes of everyone who doesn’t live immediately next to a prison, and the Census Bureau has started to take notice.

Let’s vote for Peter to send the message that prison-based gerrymandering has no place in America’s future!

The Prison Policy Initiative released our first report ten years ago last Sunday.
Importing Constituents: Prisoners and Political Clout was the first in-depth district by district analysis of what we now call prison-based gerrymandering. I analyzed each proposed New York State Senate and State Assembly district, looked at where incarcerated people came from, and suggested both interim and long-term solutions.

This report was the first of dozens of analyses we issued over the next decade. This first report was tough going. I hadn’t yet been introduced to Rose Heyer, who developed the electronic research methodology for the project, so all of the analysis was done manually. Every time the legislature changed the proposed plans, I’d have to start over.

After several rounds of this, I recruited some of my fellow law students, Tammy Ciak and Ann Fisher, to help me re-crunch the data tables so the report could be released before the legislature changed the plan yet again. I wanted the report to be relevant and spark a much-needed discussion while redistricting was still underway.

The report received great instantaneous feedback from forward-thinking criminal justice and election reform advocates. This is when I started collaborating with Brenda Wright of the National Voting Rights Institute (later Dēmos) and I was invited to present at the National Summit on the Impact of Incarceration on African-American Families
and Communities. That conference led to our work with Jazz Hayden, Manning Marable and many others.

And the initial media response to our first report? Zero. Given our reputation for bringing media attention to the issue, this might be surprising. But we couldn’t get a single paper to touch our report for months. The problem we identified was too big. The reporters I spoke with loved the issue, but their editors wouldn’t approve a story.

Typically, redistricting stories are simple ones about the partisan horse race of winners and losers. Even the stories that address the systemic flaws tend to focus on who controls the process, not on biases in the data. The first story about the report and prison-based gerrymandering didn’t see print until the NAACP’s bimonthly The New Crisis put it on the cover months later.

With this first report out, the national discussion had begun.

This conference is particularly important to me because of the role that Manning Marable played in starting the movement against prison-based gerrymandering. As I wrote when he passed away:

Manning Marable helped put what we now call prison-based gerrymandering on the map by inviting me to meetings at his Institute for Research in African-American Studies at Columbia University in 2002 and to speak at the main plenary panel at the Africana Studies Against Criminal Injustice Conference in 2003. His early endorsement made our later successes possible.

If you will be in NYC this weekend, I hope to see you at the conference and at my talk!

The Census Bureau counts incarcerated people in the facilities in which they are confined, rather than at their home addresses. This means that all the people who are locked up in the federal prison within Terre Haute city limits are included in the city’s total Census population counts. Using these census counts for redistricting purposes leads to serious problems for local democracy, unless the data is adjusted to make sure that incarcerated populations — who are not legal residents of the city under Indiana law, and who can neither vote nor participate in the local community — are not used to unfairly pad the district that contains the federal prison.

Because city officials did not adjust the 2000 census data when they redrew the city council districts ten years ago, about 20% of District One was made up of incarcerated people. This means that every four people in District One were given as much say in city government as five people in any other district.

Fortunately, this time around the issue is on the agenda, and city councilors will soon vote on a resolution to exclude the prison population for redistricting purposes.

As the city attorney, Chou-il Lee, pointed out in recent news coverage of city redistricting, using unadjusted redistricting data would mean that the people living in District One would have unfair additional political clout, “because there’s fewer of them represented by a full vote on the council.”

Terre Haute’s recent discussions about ending prison-based gerrymandering are especially good news considering the fact that the prison population has nearly doubled in size over the last decade, meaning that including the incarcerated people in the total counts used for redistricting would have an even more dramatic impact on local democracy than it did after 2000. If local officials do not take action to remove the prison population from the redistricting data, about a third of District One will be incarcerated.

And would it be fair for two voters in District One to have the same amount of say in local government as three voters in any other district? Of course not.

In a recent op-ed, Professor Jess Rigelhaupt argues that the Obama administration needs to prioritize ending mass incarceration. He draws on Michelle Alexander’s powerful arguments about how mass incarceration fuels racial inequality in Alexander’s new book, The New Jim Crow. Both Professor Rigelhaupt and Professor Alexander point to the problem of prison-based gerrymandering in state legislative districts as an example.

As Professor Alexander explains on page 188:

Under the usual-residence rule, the Census Bureau counts imprisoned individuals as residents of the jurisdiction in which they are incarcerated. Because most new prison construction occurs in predominantly white, rural areas, white communities benefit from inflated population totals at the expense of the urban, overwhelmingly minority communities from which the prisoners come. This has enormous consequences for the redistricting process. White rural communities that house prisons wind up with more people in state legislatures representing them, while poor communities of color lose representatives because it appears their population has decreased. This policy is disturbingly reminiscent of the three-fifths clause in the original Constitution, which enhanced the political clout of slaveholding states by including 60 percent of slaves in the population base for calculating Congressional seats and electoral votes, even through they could not vote.

Her book provides a comprehensive picture of how mass incarceration is jeopardizing our democratic system and our wellbeing as a nation.

And if you’re interested in learning more about the parallels between prison-based gerrymandering and the infamous three-fifths clause, check out John Drake’s new journal article, “Locked Up and Counted Out: Bringing an End to Prison-based Gerrymandering,” or my blog post about prison-based gerrymandering in Wisconsin.

Last month, I explained that the relocation of the Maine State Prison to the Town of Warren had the potential to cause serious problems for the town. Since the Census Bureau counted all the people incarcerated in the prison as if they were residents of the prison, the prison relocation pushed Warren’s total reported population over 4,000. And in Maine, any municipality with more than 4,000 people is required to enforce the Maine Uniform Building and Energy Code and cover additional county dispatch fees.

Fortunately, State Representative Wesley Richardson recognized the harm of forcing the town of Warren to foot additional expenses on account of incarcerated people who are not permitted to use local services. To solve the problem, he proposed LD 1697 to exclude the incarcerated population for the purposes of determining the “resident” population of Warren.

As the preamble of the legislation explains, the new bill provides Warren legislative relief “to avoid undue burdens and confusion” caused by the Census Bureau’s practice of counting incarcerated people as if they were residents of the place where the prison is located.

I received some very sad news from Sean Barry at VOCAL-NY this morning about the passing of Ramon Velasquez, the face of New York’s successful campaign to end prison-based gerrymandering:

Ramon Velasquez crossed over on March 27th at a nursing home in Staten Island. He was a longterm survivor of HIV/AIDS and hepatitis C and a fierce community activist. A service will be held TODAY (March 29th) from 6pm – 8pm at Brooklyn Funeral home at 2380 Pacific Street. Ramon is survived by his brother, daughter, two grandchildren and many other family members.

Ramon was a fearless warrior for social justice who inspired and connected with people wherever he went. It seemed like he was everywhere at once and he was always loud. He was usually there first too, sometimes hours early for a 6am bus departure to Albany or a membership meeting.

In and out of prison and jail since he was 14, Ramon became a leader in VOCAL-NY shortly after being released from prison for the last time in 2007. After serving a 17 year sentence, he ended up in Bellevue Men’s Shelter determined to turn his life around. Shortly afterwards, he moved into a transitional housing program for people living with HIV/AIDS run by Praxis Housing Initiatives and eventually led their resident advisory board before moving into a permanent housing program in Brooklyn.

While incarcerated, Ramon led inmate liaison committees that negotiated with prison officials and organized successful inmate-led protests to win better conditions. This shaped his beliefs about social change and the need for people who were directly affected to advocate on their own behalf. After becoming a member of VOCAL-NY, he was involved in campaigns to restore voting rights for people on parole, create affordable housing for homeless people living with HIV/AIDS and pass a “911 Good Samaritan” law to prevent overdose deaths.

After being discharged from life parole in 2010, in part due to his community activism, Ramon was able to travel more widely to Albany and Washington, DC to lobby elected officials and engage in direct action. In August 2011, Ramon was arrested for disrupting the House of Representatives during congressional debate on the debt ceiling while protesting proposed cuts to Medicare and Medicaid. The last protest he participated in was the “Occupy Our Homes” action in early December that moved a homeless family into a vacant house in East New York that had been foreclosed on by Bank of America.

Ramon was the face of the campaign to end prison-based gerrymandering in New York and was recognized for his leadership (alongside Assembly Member Hakeem Jeffries) by the Prison Policy Initiative during an October 2011 ceremony. He had been counted as as a resident of Wyoming County while incarcerated at Attica during the last round of redistricting, instead of his home community in Brooklyn, and he turned his frustration into proactive leadership to change the way inmates were counted. The Public Welfare Foundation also profiled his activism around criminal justice issues. (More of Ramon’s story and some photos in the profile are available online).

He will be deeply missed by his VOCAL-NY family.

VOCAL-NY has put together a page with photos, video and articles featuring Ramon at:
http://www.vocal-ny.org/blog/drug-policy/rip-ramon-velasquez/. I feel compelled to add some additional detail about Ramon’s work abolishing prison-based gerrymandering.

Ramon was extremely skilled at explaining why prison-based gerrymandering matters. His clarity and passion comes through clearest in this quote celebrating the passage of the law in New York that ended prison-based gerrymandering:

“When I was being counted upstate when I was in prison, the community that I came from was being punished as well by having their vote diluted. It doesn’t make political sense to be counted in a place where you can’t vote and don’t use services. This bill isn’t about money or jobs, it’s about political power.”

When the biggest beneficiaries of prison-based gerrymandering sued to overturn the civil rights law that counts incarcerated people at home for redistricting purposes, Ramon was quick to write an excellent first-person account how prison-based gerrymandering hurts his community for the Huffington Post.

And when a group of voters and organizations sought to intervene in the lawsuit to help the state defend the landmark civil rights law, Ramon expertly explained that prison-based gerrymandering hurts everyone who does not live next to the state’s largest prisons, and why VOCAL-NY was stepping up to the plate:

“Many of our members live in communities that are heavily impacted by the criminal justice system and have a disproportionate number of residents sent to state prison. Every district that has fewer prisons than Senator Little’s district loses representation from prison-based gerrymandering, but the districts that see many of their members counted in prison lose even more.”

It is deeply sad to lose a supporter, a colleague, a leader, a client or a friend. Ramon was all five, and much more. I can take some solace in the fact that Ramon was able to get some of the recognition he deserved at our October event and in the Public Welfare Foundation 2010 profile. And I’m very glad that Ramon lived to see the final validation of his work to end prison-based gerrymandering in New York when, just two weeks ago, the Senators who would have benefitted the most from bringing back prison-based gerrymandering abandoned their legal appeals.

Thank you Ramon. New York — and every state that follows its lead — owes you a huge debt for showing the way forward. You will be missed.

Pictures of Ramon Velasquez from our October 11, 2011 event celebrating the end of prison-based gerrymandering in New York State. For larger versions, see our Facebook album.

Estamos orgullosos de anunciar que una de nuestras publicaciones, “Prevenir la manipulación de los límites de los distritos electorales sobre la base de la población reclusa: qué es lo que hay que evitar,” ahora está disponible en Español. Está guía le explicará qué es lo que hay que buscar en los datos de la redistribución de distritos para minimizar el daño de la manipulación de los límites de los distritos electorales sobre la base de la población reclusa.

On Friday, Virginia Governor Bob McDonnell signed a new law that will give more rural counties the option of avoiding prison-based gerrymandering, helping to ensure fairer representation in local government. The law, HB13, passed both Houses unanimously. It was sponsored by Delegate Riley Ingram (R-Chesterfield, Henrico, Prince George, City of Hopewell).

“HB 13 is a step forward for fairness in redistricting,” said Peter Wagner, Executive Director of the Prison Policy Initiative. “Counties will no longer be required to pad certain districts with incarcerated persons who are not true residents of the prison district. Prison-based gerrymandering distorts our democracy, and HB13 will help end that practice.” Wagner submitted testimony in support of HB13, and worked with the Richmond Times-Dispatch, Roanoke Times, Powhatan Today, the News and Advocate, and the Free Lance-Star to raise awareness about prison-based gerrymandering.

“The trend is clear: states are rejecting prison-based gerrymandering. Virginia should be congratulated for taking this common-sense step to recognize that a prison is not a home and should not be treated as such in redistricting.” said Brenda Wright, Director of the Democracy Program at Dēmos, which partners with the Prison Policy Initiative on a national campaign to end prison-based gerrymandering.

About the Virginia law

Historically, Virginia law required counties to base their legislative districts on federal Census data, denying Virginia counties the flexibility exercised by counties in other states to choose the population basis of their required redistricting. The Census Bureau counts incarcerated people – who by state law can’t vote and are not considered residents of the prison – as residents of the prison location. When Census data is used for rural county redistricting, this practice gives extra influence to the people who live next to a large prison, and dilutes the votes of residents in other districts in the same county.

In 2001, Virginia amended the law, giving counties where incarcerated people make up more than 12% of the Census population the option to avoid padding the Board of Supervisors district that contains the prison with the prison population.

Unfortunately, the 2001 law did not give all counties relief from state-mandated prison-based gerrymandering. For example, Southampton County’s prison population was too small to benefit from the 2001 law, yet the county was still forced to draw a district that was more than half incarcerated. This gave the residents of the district with the prison more than twice the political influence of the residents of other districts in the county.

The expansion of the law signed by the Governor on Friday extends the option to avoid prison-based gerrymandering to any county faced with drawing a county legislative district that is more than 12% incarcerated. Ideally, the bill would have passed last year, while redistricting was still underway. Identical language unanimously passed the House of Delegates last year, but died in Senate committee.

National context

In most states, local governments are free to avoid prison-based gerrymandering. Virginia was one of a handful of exceptions, where local redistricting is regulated in a way that is blind to the problem of prison-based gerrymandering.

Virginia’s new law brings the state in line with a national trend towards protecting local governments from the vote dilutive harm of prison-based gerrymandering. Michigan, Colorado, and New Jersey statutes explicitly either allow or require local governments to avoid prison-based gerrymandering. In Mississippi, California, and Illinois, court cases and state attorney general opinions have supported local governments in adjusting the census to avoid prison-based gerrymandering. The first two states that ended prison-based gerrymandering for state legislative districts, Maryland and New York, also passed legislation that ends prison-based gerrymandering in local governments as well.