by Aleks Kajstura, September 12, 2014

Massachusetts' joint resolution calling on the Census Bureau to count incarcerated people at their home addressesToday, the Massachusetts legislature delivered its joint resolution to Census Bureau Director John H. Thompson.

The resolution urges the Census Bureau to provide the state with redistricting data that tabulates incarcerated people at their home addresses. By tabulating incarcerated people at their residential addresses, as called for in the resolution, the Bureau would create a national and permanent solution to prison gerrymandering.

September 8, 2014

Cranston, RI Lawsuit Will Move Forward

Providence, RI — Local Cranston residents and the ACLU of Rhode Island won a significant victory today in their fight for equal voting power in City elections when Judge Lagueux of the U.S. District Court for the District of Rhode Island denied a motion to dismiss their one person, one vote lawsuit, allowing their case to move forward.

“I’m thrilled this case is going forward,” said Karen Davidson, lead plaintiff. “As a Cranston resident and taxpayer I’m entitled to equal representation and I will keep fighting for it.”

At issue in the case is the City of Cranston’s choice to count the more than three thousand inmates at the Adult Correctional Institutions (ACI) in a single city ward for the purposes of drawing City Council and School Committee districts. Plaintiffs argue this “prison gerrymandering” is improper because those incarcerated at the ACI are not true constituents of local elected officials, but instead remain residents of their pre-incarceration communities for virtually all legal purposes, including voting.

Due to the questionable counting, persons at the only state-run correctional facility in Rhode Island account for 25% of Ward 6’s total “population.” According to Census Bureau data, without the incarcerated population, Ward 6 has only 10,209 true constituents. Yet those constituents now wield the same political power as the roughly 13,300 constituents in each of the other wards. The lawsuit claims that this dilutes the voting strength and political influence of citizens residing outside of Ward 6, in violation of the Equal Protection requirements of Section 1 of the Fourteenth Amendment to the U.S. Constitution.

Judge Lagueux agreed that this is a viable legal claim, stating that “…the inclusion of the ACI prison population is not advancing the principle of electoral equality because the majority of prisoners…cannot vote, and those who can vote are required by State law to vote by absentee ballot from their pre-incarceration address” and that the incarcerated population’s “inclusion in Ward Six does nothing to advance the principle of representational equality.”

“We’re excited our case is going forward, and we urge the City to correct its prison gerrymandering problem without delay,” said Steven Brown, executive director of the ACLU of Rhode Island. “Unless the City acts promptly, Cranston will conduct the 2014 election under a one-person, three-quarters of a vote regime.”

Cranston residents Karen Davidson, Debbie Flitman, Eugene Perry, and Sylvia Weber have joined the ACLU of Rhode Island as plaintiffs in the case. They are represented in federal court by Demos, the Prison Policy Initiative, and the American Civil Liberties Union.

“This is a big win, because it shows that our legal arguments are valid,” said Adam Lioz of Demos, counsel for the plaintiffs. “We hope the City will fix the problem–but if not, we look forward to proving our case at trial: that persons incarcerated at the ACI aren’t really constituents of local politicians and so shouldn’t be counted at the prison for purposes of representation.”

“Counting people at the ACI as constituents of Ward 6 officials makes no sense,” said Aleks Kajstura of the Prison Policy Initiative. “They can’t use the park or library, attend a City Council meeting, or send their kids to public schools. And, even those who can vote must do so from their actual legal residence, not the prison location.”

“Prison gerrymandering distorts the process and runs counter to the core principle of one person, one vote,” said Sean Young, attorney with the ACLU’s Voting Rights Project. “All Cranston voters should have an equal say in who their elected officials are. When citizens exercise their fundamental right to vote, they expect that their vote will be counted equally, not as if it were only three-fourths of someone else’s vote.”

The case is Davidson et. al. v. City of Cranston. Plaintiffs’ complaint can be found here and their response to Defendant’s motion to dismiss is here. Judge Lagueux’s ruling is here.

by Aleks Kajstura, August 22, 2014

Today, the Massachusetts legislature passed a bipartisan resolution (SB 309) that “urges the Census Bureau, in the next Census and thereafter, to provide states with redistricting data that counts incarcerated persons at their residential address, rather than the address of the correctional institution where they are temporarily located”.

The resolution will now be delivered to the Director of the Census Bureau.

The entire resolution is worth a read:

Continue reading →

by Aleks Kajstura, August 22, 2014

Three U.S. Senators recently wrote a joint letter to the Census Bureau, reiterating that the Census’ current methodology of tabulating incarcerated people as if they were residents of the prison location rather than of their home addresses leads to prison gerrymandering. Noting that the Census Bureau is in the best position to end prison gerrymandering nationally — saving the states from each having to adjust Census data themselves — the Senators asked the Bureau to inform them of the “steps it is taking in the near term” toward counting incarcerated people as residents of their home address.

The Senators’ letter, along with others written to the Census Bureau, can be found on our letters page.

by Aleks Kajstura, August 22, 2014

The next decennial census is still 6 years away, but the Census Bureau is already running tests and exploring areas for methodological improvement. As part of this process, the Bureau commissioned and released an ethnographic study of incarcerated populations that analyzed how the Census Bureau could count incarcerated people more efficiently while improving accuracy. Although technically not about tabulating incarcerated people at home, we think this ethnographic study fulfils an important prerequisite to the Bureau’s exploration of counting incarcerated people at their home addresses.

The authors describe how, unlike most Americans who fill out a Census form for themselves or their family, incarcerated people are often counted using facilities’ administrative records. This method is sometimes quicker and easier but often results in less accurate data.

But how well do these records serve Census purposes? Ultimately that is the question the authors sought to answer:

Does the use of administrative records meet the goals of the census of “counting everyone in the right place and the right time”? …As has been asserted repeatedly, administrative rosters in correctional systems meet the first half of the census requirements by counting everyone present in these group quarters on the day the rosters are obtained. They are less successful in meeting the next goal of everyone in the right place”….

…these administrative records are least successful in answering valuable questions about race and ethnicity and home addresses. Addressing these questions will provide specific directions for the planning of Census 2020 in correctional group quarters.

The study presented many examples of the shortcomings of administrative records, for example:

Misalignment between official census categories of race and ethnicity and the administrative rosters resulted in subjective, and often arbitrary, [Census form] completions.

While names, birthdays and gender are highly reliable in correctional administrative records, the mismatch between federal labels for race and ethnicity and widely variant labels used in these correctional systems illustrate the need to examine these important categories to improve census coverage.

Given some advanced planning, however, the use of administrative records could be a great time-saver for the Census Bureau (and correctional staff). Relying on administrative data could save the Census Bureau from having to visit each prison individually. Instead, the Bureau could simply have a single contact in a state’s Department of Corrections to gather census data for every facility under their jurisdiction. The authors explain how such an agency-level approach can benefit the Census Bureau:

Investing time in an agency approach presents additional benefits for accuracy and cost-savings. Working closely with agency programmers, preparation for the 2020 Census could result in more consistent definitions of the race and ethnic categories both across the system and with the established census categories. Gaining knowledge of the structure and content of these databases could also result in the development of “census subroutines” in electronic form, eliminating the need to code data from hard copies into census machine-readable forms.

Such an approach would not be appropriate for the over 3,000 county jails, with one exception. The large, urban jails are likely to maintain databases similar to these prisons and could be included in a modified agency approach.

Although technically outside the scope of the inquiry, the authors return to the issue of home addresses several times, recommending that “A separate study of the availability and accuracy of these records would have to be designed and implemented.” A recent report, published after the ethnographic study, by a New York Law School professor Erika L. Wood and Dēmos, Implementing Reform: How Maryland & New York Ended Prison Gerrymandering, tackles some of those questions.

The study also points out the internal dissonance in the way the Census Bureau interprets its residence rules for incarcerated people, especially those in jail:

For example, a person arrested at 11:00 p.m. on March 31 may appear on the roster on April 1 but released back into the community later in the day on April 1 and thus not meet any census definition of residence in the jail.

And as the authors point out, this incongruity also leads to a potential overcount of people incarcerated in jails:

Jails, with a high level of population turnover, may present a challenge as their inmates may be counted in both housing unit and GQ [correctional population] enumerations.

So far in this post I have described the parts of the report that are most relevant to our prison gerrymandering work, but I cannot stress enough the wealth of information found in this report on a wide range of issues relating to the enumeration of incarcerated populations. In addition to identifying a few main problems and making recommendations, the report includes a 10-page detailed documentation of the enumeration process in the facilities under study. These pages (section 4 and its subparts) shed light on the census process from the facilities’ perspective and provide great insight into possible approaches for improving future censuses.

The full report is certainly worth a read, and represents a great foundation for the Census Bureau’s potential progress toward more accurate enumeration of America’s incarcerated populations.

by Peter Wagner, August 21, 2014

Prison gerrymandering dilutes your right to vote in every level of government in which it operates, so basically the entire state benefits from reform. And, counter-intuitively, some of the biggest beneficiaries of ending prison gerrymandering are rural people who live near large prisons.

First, let’s take a step back and recall two key facts:

  1. Vote enhancement in the district with the largest prison dilutes the votes of the residents of every other district.

    Mathematically, the impact of crediting incarcerated people to the prison districts is larger than the impact of not crediting them at home because incarcerated people come from all over the state – albeit often disproportionately from some places rather than others – but the prisons concentrate these incarcerated people to a small number of locations. This creates some vote enhancement in every district that contains a prison, but even most of those districts’ residents get less representation than people in the one district with the largest prison population.

    And, the vote enhancement in the prison districts is generally so large that it disadvantages rural communities that neither contain prisons nor send very many people to prison almost as much as the typically urban district that loses the largest number of people to the Census Bureau’s prison miscount. In sum, the biggest harm from prison gerrymandering comes not from the vote dilution in the districts that send the largest numbers of people to prison, rather it comes from the larger vote enhancement in the handful of districts that contain the prisons.

  2. The effects of prison gerrymandering are the most dramatic at the state and local levels of government because these districts tend to have the smallest populations.

    While a cluster of large prisons typically has a negligible effect on a Congressional district of 700,000 people, the impact of a single 1,000-person prison can be massive in a county commission district of only 1,200 people. District sizes vary, but in general you can think of Congressional districts as generally being the largest, and in order of decreasing typical size, state senate districts, state house districts, county districts, and finally city districts and school boards.

    So if prison gerrymandering benefits the residents of a particular district, wouldn’t that mean that every state has hundreds of thousands of people who live in such districts and have a vested interest in protecting their unearned political clout during redistricting? Actually, no.

    While there are a lot of people who benefit at the state senate level, many of those same residents see larger harms at the level of the state house and local government districts.

Here are some calculations we ran last fall that illustrate how this works:

When New York was still engaging in prison gerrymandering in 2002, Senate District 45 contained 12,989 people incarcerated in state and federal prisons and was 4.34% incarcerated, giving the residents of that district extra influence in comparison with the 61 other rural, and suburban and urban districts that have no or fewer prisons within their borders. But not all residents of the 45th Senate District benefit from prison gerrymandering equally. Less than half (44%) of the district lived in the 114th Assembly District which was 6.99% incarcerated. The remainder of people who lived in Senate District 45 were in two Assembly districts that contained far fewer prison cells than the 114th.

All three counties in the 114th Assembly District contain prisons, but the vast majority (88%) of the residents of that district live in County Board of Supervisors, County Board of Legislators, or County Legislature districts that do not contain the largest prisons. New York’s decision to outlaw prison gerrymandering ended the resulting vote dilution in one or more levels of government that had been plaguing all but roughly 15,300 people in a state of 19 million. And, of course, all 19 million people benefit when the democratic process improves.

New York Senate District 45, Assembly District 114, and on the third map, Franklin County Board of Legislators District 3/Clinton County Legislature District 2. Essex County is outlined in that map but the Essex County Board of Supervisors district with the largest prison is not pictured because that district is not within Assembly District 114. Note that each of these districts may appear large on the map, but the number of people living in these areas is quite small (and the U.S. Constitution requires us to base districts on population, not land area).

Or, to say it another way, prison gerrymandering is bad for 99.92% of the people living in New York State. And New York isn’t alone. I found the same thing when I analyzed to Rhode Island’s districts. Out of the entire state, only 112 people simultaneously live in the state senate district and the state house district with the largest prison population. Everyone else in the state has their vote diluted in one or both chambers as a result of prison gerrymandering.

This animated illustration overlays a map of all of the Rhode Island Senate districts that do not contain the largest prison populations and a map of the house districts that do not contain the largest prison populations over a map of the Cranston area.

If we superimpose the Cranston City Council Ward map over the map of the state house and state senate districts discussed above, we see that even most ward 6 residents — who dramatically benefit from prison gerrymandering at the city council — have their votes diluted in one chamber of the state legislature:

Only 112 non-incarcerated residents of Cranston Ward 6 who benefit from prison gerrymandering in the city council do not also live in a state house or state senate district where their votes are diluted by prison gerrymandering.

So what portion of Rhode Island will benefit from ending prison gerrymandering? It’s 99.989% of the people. That’s no doubt a large part of why the Rhode Island Senate last session unanimously passed a bill that would end prison gerrymandering in the state. (And why the House hasn’t passed that bill is a discussion for another day.)

by Bernadette Rabuy, August 20, 2014

report thumbnailNew York Law School professor Erika L. Wood and Dēmos recently released a report, Implementing Reform: How Maryland & New York Ended Prison Gerrymandering. In her report, she shares how Maryland and New York corrected the Census Bureau prison miscount. The Bureau counts incarcerated individuals as if they were residents of their prison cells even though most states bar incarcerated people from voting and most state constitutions and statutes say that a prison cell is not a residence.

As the executive summary in Erika Woods’ excellent report says:

In 2010 and 2011, Maryland and New York took bold steps to correct the problem known as prison gerrymandering, a problem resulting from the United States Census Bureau’s practice of counting incarcerated individuals as residents of their prison cells rather than their home communities. When legislative districts are drawn based on the census numbers, incarcerated individuals become “ghost constituents” of districts that contain prisons. Although in forty-eight states incarcerated individuals cannot vote, have no ties to the local community, are often hundreds of miles from home, and spend an average of just three years in prison, they are allocated to legislative districts in a way that artificially inflates the political power of the districts where the prisons are located, while their home communities—often predominantly poor and minority—suffer the inverse effects of losing representation and voting strength for a decade.

Although the Census Bureau did not change its practice of counting incarcerated individuals in prison on a national level for the 2010 census, Maryland and New York took responsibility for correcting this injustice in their states. In doing so, these two states not only conducted an important experiment in policy innovation, but also demonstrated how various state and local agencies can work together to successfully implement new and important policy reforms to alleviate the problem of prison gerrymandering.

The efforts and coordination by state policymakers, corrections officials, data experts, technicians, planning personnel and lawyers was exemplary and should serve as an inspiration to those across the country who want to take a stand to end this injustice. As a result of their efforts and for the first time in history, the legislative and local districts in Maryland and New York are no longer distorted by prison gerrymandering.

This report provides detailed information about the specific steps Maryland and New York took to implement these new laws based on the 2010 census in conjunction with their redistricting schedules. It details the challenges each state faced as the first in the country to implement this reform—including legal disputes and data deficiencies—and the steps taken to meet and overcome those challenges. It also provides concrete recommendations, based on the experience and expertise of the actors in each state, to assist other jurisdictions in permanently ending prison gerrymandering.

by Peter Wagner, August 15, 2014

Last fall, the Census Bureau made an important addition to their TIGER mapping system: they added the “footprints” of all of the correctional facilities in the United States. Along with states, counties, cities, rivers, roads and all kinds of geographic entities, the Bureau now has a spatial database of adult prisons, jails, and juvenile institutions.

In my view, this is an essential inventory of the places where 1% of our adult population is currently confined and it should also help the Bureau to, if it so chooses, end the problem of “prison gerrymandering”. The Census Bureau currently tabulates incarcerated people as residents of the prison location, not as residents of their legal home addresses. When state and local governments leave this data uncorrected, they skew legislative districting and dilute the votes of everyone who does not live near a large prison. This new TIGER feature will help the Bureau count people at incarcerated facilities, thereby taking the first step to counting everyone in the right place — making sure they are in fact counted.

Now, for the first time, the Bureau has not just a list of all of the correctional facilities, but also their boundaries. This basic inventory will help in countless ways, ranging from answering basic geographic questions to more complicated population analyses. For example, the footprints will help the Bureau’s Count Question Resolution program settle the frequent disputes about whether a prison is in one community or just over the line in another. Knowing these facility footprints will also help in the Census Bureau’s goal of drawing better Census blocks; currently incarcerated and residential populations are often mixed in a single block. The footprints fulfill an important prerequisite to redrawing block boundaries near prisons so that the blocks follow the facility’s perimeter, thereby keeping the prison population in its own block, making it much easier to disentangle these populations for redistricting purposes or when conducting any population analysis.

illustration of the importance of correctional facility footprints versus just the census blocks

At left is a 2010 census block in Franklin County, New York that contains a number of residential houses and two prisons. The map at right shows, in orange, the Census Bureau’s separate footprints for the two state prisons displayed over the 2010 block map. Hopefully, these footprint maps will help with drawing blocks and counting the population for the 2020 Census.

Using the data

The Bureau has made this data available as part of its interactive TIGER system, and this spring we added these maps to our Correctional Facility Locator 2010 tool. Now that we’ve been using this internally for a few months, we wanted to share it with the rest of the people reading this blog.

As you may recall, our correctional facility locator is one of our data tools we developed to make it easier for experts and laypeople to use the Census Bureau’s Advance Group Quarters Summary File which for the first time published correctional facility counts early enough for use in redistricting. As then-director Robert Groves explained:

This decade we are releasing early counts of prisoners (and counts of other group quarters), so that states can leave the prisoners counted where the prisons are, delete them from the redistricting formulas, or assign them to some other locale.

And as we wrote last year, we’ve continued to add in our annotations of the 2010 Census’s group quarters data, including facility names, facility types, and linking in other data on the age, gender and race/ethnicity of the people confined there.

We’ve now added the Census Bureau’s correctional facility footprint data to our tools. If you search for a county in the 2010 Locator you will see a list of blocks that contain correctional facilities in that county along with our annotations. For each block you will also see a link to a map, a link to compare the correctional data for that area with the 2000 Census, a link to a detail page with additional demographic data and other material, and a new “Tiger facility footprint” link that will show the 2010 Census data and our annotations on the left with the Census Bureau’s new footprints data on the right. (See below.) We’ve also made all of the Census Bureau’s metadata on each facility available in a popup window when that facility is clicked on.

Census Bureau's TIGER data on correctional facility footprints in our correctional facility locator tool.

We’ve made the Census Bureau’s new facility footprint data available in our correctional facility locator. (Note, also, the improved spatial accuracy of the new data.)

The Census Bureau makes the periodic updates to its TIGER maps available to the public because it welcomes feedback that would improve its maps of roads, rivers, municipal boundaries, and any other geographies. We’ve already submitted two places where the correctional data could be improved, and our suggestions were quickly verified and accepted. We’re highlighting this new dataset in part so that other data users can start to examine the data and, if they see errors, make suggestions for improvements.

We’d like to see the Census Bureau update its interpretation of the usual residence rule and start to tabulate incarcerated people at their home addresses. One prerequisite is to further improve the Bureau’s understanding of exactly where the prisons are. And with this data, the Bureau is one step closer to achieving that goal.

by Aleks Kajstura, July 29, 2014

Youngstown, Ohio is poised to finally bring voting equality to its residents, after 30 years of inaction and a year of discussion.

The city has not restricted in over 30 years, and according to David Skolnick’s reporting at the Vindicator, “the population in the wards currently range from 7,227 to 12,130, using 2010 census numbers.”

This means that the votes cast by some residents are worth more than others’. Now the Council is redrawing the map to ensure that each ward has more or less the same number of residents, but the presence of several correctional facilities in the city is making that task harder than necessary. The Census Bureau counts incarcerated people as if they were residents of the prison location, even though they remain residents of their home addresses. Youngstown now joins over 200 other local governments around the country in coming up with a solution on their own.

And in the final plan under consideration, the city managed to avoid the pitfalls of prison gerrymandering, mostly:

Despite initial opposition from at least three of seven council members, this map doesn’t count the 2,071 prisoners at the Northeast Ohio Correctional Center on the East Side in the city’s population.

About 75 percent of that prison’s population is illegal immigrants convicted of federal felonies.

The board’s map does include 541 inmates at the Ohio State Penitentiary, also on the East Side, with nearly all its inmates being maximum-security prisoners not from Youngstown, and the 438 prisoners at the Mahoning County jail downtown, with a majority being city residents.

As Skolnick suggests, there is no logical reason why some of the prison populations should be counted as if they were residents of the location of the facility and while others not. Those in state custody are no more residents of the city than those serving their time in the federal facility. And even if some of the folks in the county jail are actual residents of the city, the chances that they’re all residents of the ward that the jail is in are slim.

Luckily, the number of incarcerated people in the state and county facilities is small enough that it’s unlikely to have a significant impact on the wards’ population equality. So when the Council votes on the new map in August, it’ll be taking a huge step in the right direction.

by Aleks Kajstura, July 10, 2014

We’re excited to have joined 15 other civil rights and democracy organizations in endorsing 10 Redistricting Principles for a More Perfect Union. The Principles, which include a renunciation of prison gerrymandering, serve as “baseline principles to inform redistricting in this decade and future decades, as well as to present a framework upon which to build possible reforms in coming years as we as a nation move toward that more perfect union”:

  1. Consistent with the requirements of the Constitution, all persons who reside in a state or local jurisdiction — regardless of age, citizenship, immigration status, ability or eligibility to vote — should be counted for purposes of reapportionment and redistricting. Districts should be populated equally, as defined by law, counting all residents as constituents to be represented by elected officials.
  2. The Census Bureau should continue to improve its outreach and data collection to ensure as full and accurate a count of all communities as possible, including a full and accurate count of the population by race, ethnicity, and national origin. Redistricting decision-makers should use legally-permitted population deviation among districts in state and local redistricting to serve legitimate redistricting considerations, including underpopulation of districts to ensure adequate representation of undercounted communities.
  3. Incarcerated or detained persons should be considered residents of their immediate pre-incarceration location or their family residence for purposes of reapportionment and redistricting. The Census Bureau should collect and release the data necessary to implement this principle in all jurisdictions.
  4. Compliance with the letter and spirit of the federal Voting Rights Act and its prohibition of vote dilution and of retrogression must remain a primary consideration in redistricting. While the elimination of racial discrimination in voting is a critical goal, that goal and the protection of civil rights are undermined by decision-makers who deny, without sufficient evidentiary proof, the continued existence of factors, including racially polarized voting, that support the creation of remedial districts under the Voting Rights Act. In light of long-established historical pattern, the prudent course, absent compelling evidence of changed circumstances, is for decision-makers to preserve extant remedial districts under the Voting Rights Act and to create new opportunity districts consistent with growth in relevant populations. Moreover, the requirements of the Voting Rights Act should be viewed as a floor, and not a ceiling, with respect to the voting rights of voters of color in redistricting. To advance these foundational goals, redistricting decision-makers should always make it a priority to exercise their considerable latitude within the law to create coalition and/or influence districts for voters of color where the creation of Voting Rights Act-compliant opportunity districts, in which voters of color comprise the majority of the voting-age population in a district, is not possible.
  5. Consideration of communities of interest is essential to successful redistricting. Maintaining communities of interest intact in redistricting maps should be second only to compliance with the United States Constitution and the federal Voting Rights Act as a consideration in redistricting.
  6. Transparency in redistricting is essential to a successful process. Meetings of decision-makers, among themselves or with legal and mapping consultants, must be open and accessible to the public in all but the most limited of circumstances.
  7. Full access requires the development and implementation of measures to facilitate public attendance and meaningful participation. This includes outreach, informational materials, and interpretation services provided in languages other than English where the constituency involved warrants the provision of such services. This also includes means to permit the participation of constituents in remote locations. All efforts must recognize that certain communities face greater barriers to full participation, and outreach, education, and weighting of input should reflect this recognition. Full access to the redistricting process must also include maximized opportunity for input and participation. This requires facilitating participation through the availability of data and equipment well in advance of the consideration of specific proposals. This also requires timely disclosure of proposed maps being voted upon to allow ample opportunity for public input before adoption. Finally, meaningful participation requires that the decision-making body demonstrate its due consideration of the public input provided.
  8. Public confidence in redistricting requires the decision-makers to reflect a broad range of viewpoints and be representative and appreciative of the full diversity of the population. Public confidence is furthered when relevant financial and other information about decision-makers and their paid retained consultants is disclosed. Fairness requires the development of clear conflict-of-interest criteria for disqualification of decision-makers and consultants.
  9. Public trust in redistricting requires disclosure of information about any relationships between decision-makers and significant non-decision-making participants. Transparency requires the avoidance of rules that provide an incentive for outside participants to conceal their relationship to incumbents or candidates for the offices being redistricted. Rules that require participants in the redistricting process to disclose information must be applied evenly.
  10. Accountability in redistricting requires public access to information about any non-public discussions of redistricting between redistricting decision-makers. This requires advance abrogation of any statutory or common-law legislative privilege that would protect such discussions of redistricting by decision-makers from disclosure during or after conclusion of the process.
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