Census gives data users new opportunities to draw fair districts with its data

The Census Bureau will be producing a data file in May 2011 that will assist state and local governments in avoiding prison-based gerrymandering, whereby districts that contain prisons are given extra representation in the legislature. About 100 rural governments currently remove the prison populations manually, but this difficult and error-prone process was impossible to do on a state level. For the first time, state and local governments will have access to prison population counts in time for redistricting. This new data will allow state and local governments to avoid prison-based gerrymandering.

The technical problem solved by the new data product

Previously, the Census Bureau planned to publish the PL94-171 redistricting data in March 2011 as a very limited file that contains information on total population, race, ethnicity and whether the population is of voting age. Information on which blocks contain correctional facilities would not be available until the publication of Summary File 1 in the summer of 2011, after most states and many counties are already in the process of or have completed redistricting.

Without this Summary File 1 data from the Census Bureau, it is often extremely difficult if not impossible to determine which blocks contain the correctional facilities and which portions of the population in a given block are actually incarcerated.

The Census Bureau has committed to publishing prison count data early enough that legislators drawing districts will be able to consider removing the prison populations. Now, for the first time, it will be possible for state and county officials to use Census Bureau data to determine exactly which populations in the Census are correctional facilities.

With this technical hurdle removed, these governments can then determine — on legal and fairness grounds alone — whether they wish to avoid using correctional facilities to pad the populations of particular legislative districts.

The political problem solved by the new data product

This data product will make it possible for legislatures to accurately and easily identify their actual populations and avoid giving the residents who live next to a prison disproportionate influence over government. For example, until the city of Anamosa Iowa changed its form of government to abolish the prison district, the prison caused the city to give the 56 residents of Ward 2 as much influence over the future of the city as 1,374 people in any other ward. Similar problems, although less extreme, occur at all levels of government.

Basing districts on prison populations — who under most state constitutions and election law statutes are not residents of the prison location — violates the Supreme Court’s one person one vote rule which requires that districts be based on equal numbers of residents.

Until recently, states and most counties were held hostage by the Census Bureau’s prison miscount. They had to choose between using ad-hoc methods of adjustment or using the Census as-is, which violates their state laws on prison residence and grants residents near prisons extra influence in violation of the Supreme Court’s one person one vote rule. With this new data product, the Census Bureau sidesteps the ultimate question of where people in prison should be counted and instead gives data users in state and county legislatures the option of using high quality data from the Census Bureau to draw fair districts.

What the Census Bureau will be providing:

In May 2011, the Census Bureau will be publishing on its FTP site the state, county, tract and block level counts for group quarters. This national file will be the same file as will later appear as Table P41 in Summary File 1:

Universe: Group Quarters (GQ). Population by GQ
Type Total: 
	Institutionalized population for four categories of GQ
		Correctional Facilities for Adults
		Juvenile facilities;
		Nursing/Skilled nursing facilities;
	Other institutional facilities;
		Noninstitutionalized population for three categories of GQ
		College/University student housing;
		Military Quarters;
		Other noninstitutional facilities;

What advocates can do:

Advocates can propose state legislation that would prevent both state and local governments from using prison populations to pad legislative districts. This new data will make this process much easier. See our model bill.

Alternatively, advocates can propose legislation and lobby for executive orders that would require local governments to exclude prison populations prior to redistricting. Colorado, Virginia and New Jersey have similar statutes, and in Mississippi, an Attorney General opinion requires this result.

What data providers and redistricting consultants can do:

The Census Bureau will be distributing this file on their FTP site and we’ll need your help to tell your clients about the data, why they should be using it and to guide them on using it to draw fair districts that are not distorted by large prisons. Please encourage your clients to start planning their redistricting process around this data becoming available in May 2011.