Last update: November 19, 2016
"For the 2010 Census, the Census Bureau is committed to counting every person. Just as important, however, is the Census Bureau's commitment to counting every person in the correct place. The fundamental reason the decennial census is conducted is to fulfill the Constitutional requirement (Article I, Section 2) to apportion the seats in the U.S. House of Representatives among the states. Thus, for a fair and equitable apportionment, it is crucial that people are counted in the right place during the 2010 Census."
Source: Census Bureau "Residence Rule And Residence Situations For The 2010 Census".
It makes eminent good sense to say as a matter of law that one who is in a place solely by virtue of superior force exerted by another should not be held to have abandoned his former domicile. The rule shields an unwilling sojourner from the loss of rights and privileges incident to his citizenship in a particular place....
Stifel v. Hopkins 477 F.2d 1116, 1121 (1973).
"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." Bethel Park v. Stans, 449 F.2d 575, 583 (3rd Cir. 1971)States are therefore free to use their own census or to correct how the federal census counts prisoners. In fact, making adjustments is quite common.
A: "Since a single party usually controls each state legislature, it is in the best interest of the party in power to redistrict their state so that their party will have more seats ... than the opposition party. This manipulation of electoral districts is known as gerrymandering....
"The term gerrymandering is derived from Elbridge Gerry (1744-1814), the governor of Massachusetts from 1810 to 1812. In 1812, Governor Gerry signed a bill into law that redistricted his state to overwhelmingly benefit his party, the Republican Party. The opposition party, the Federalists, were quite upset. One of the congressional districts was shaped very strangely and, as the story goes, one Federalist remarked that the district looked like a salamander. No, said another Federalist, it's a gerrymander. The Boston Weekly Messenger brought the term gerrymander into common usage when it subsequently printed an editorial cartoon that showed the district in question with a monster's head, arms, and tail and named the creature a gerrymander."