Quick-reference chart: States' legislation ending prison gerrymandering.
Over 10 states have now passed legislation to end various aspects of prison gerrymandering, and each charts a slightly different path to achieving that goal. We put together this quick-reference chart to help advocates sift through the substantive (but not always substantial) differences between the states' laws:
—Aleks Kajstura
last updated April 4, 2022
| Does the legislation address: | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| State | Legislative history | Statutory reference | Congressional districts? | State legislative districts? | County government districts? | City/Town council districts? | School Board districts? | Is the legislative solution mandatory? | What types of facilities are covered by the legislation? | How does the state count people with unknown or out-of-state addresses? |
| Sample | Model Legislation | Model Statute | No | Yes | Yes | Yes | Yes | Yes | State, Federal | Counts at-large |
| California | AB 420 (2011) AB 1986 (2012) AB 2172 (2018) AB 849 (2019) | Cal. Elec. Code § 21003 (general provisions), § 21500 (counties), § 21601 (general law cities), and § 21621 (chartered cities) | Yes | Yes | Yes | Yes | No | Congressional - Yes (AB 420) State - Citizens Redistricting Commission votes to adopt legislative recommendation (AB 420) Counties - Yes (AB 849) Cities/Towns - Yes (AB 849) | State | Counts at-large |
| Colorado | HB 20-1010 (2020) SB 02-007 (2002) HB 04-1230 (2004) | Colo. Rev. Stat. § 2-2-902; § 2-2-901; § 30-10-306 (1), (2), (4); § 30-10-306.7; § 22-31-105(2) and (7)(a); § 22-31-109; § 22-31-110(1)(b); and § 22-31-105(6.5) | Yes | Yes | Yes | No | Yes | Congressional - Contested, the Congressional Commission voted not to use the adjusted data (HB 20-1010) State - Yes, and the State Commission voted to use the adjusted data (HB 20-1010) Counties - Yes (SB 02-007) School Boards - Yes (HB 04-1230) | State, Federal | Counts at the facility location |
| Connecticut | SB 753 (2021) | Public Act No. 21-13 | No | Yes | County government doesn't exist in Conn. | Yes | No | State - Yes Cities/Towns - Yes | State, Federal | Counts at-large. All people serving LWOP are counted at the location of the facility regardless of their home address. |
| Delaware | HB 384 (2010), SB 171 (2021) | Del. Code Ann. tit. 29 § 804A | N/A | Yes | No | No | No | State - Yes (HB 384) | State, Federal | Counts at facility location (SB 171) |
| Illinois | HB 3653 (2021) | Public Act No. 101-0652 | No | Yes | No | No | No | State - Yes (HB 3653) | State, Federal | Counts at-large |
| Maryland | HB46/SB400 (2010) | Md. Code Ann. Elec. Law § 8-701, and Md. Code Ann. State Gov't § 2-2A-01 and Md. Code Ann. Local Gov't § 1-1307 | Yes | Yes | Yes | Yes | No | Congressional - Yes State - Yes Counties - Yes Cities/Towns - Yes | State, Federal | Counts at the facility location |
| Michigan | These sections were last amended by acts in 1966. | Mich. Comp. Laws § 46.404(g) Mich. Comp. Laws § 117.27a(5) | No | No | Yes | Yes | No | Counties - Yes (except fails to address federal facilities) (§ 46.404(g)) Cities/Towns - Yes (except fails to address federal) (§ 117.27a(5)) | State | N/A |
| Montana | [commission action] | N/A | No | Yes | No | No | No | |||
| Nevada | AB 450 (2019) | Nev. Rev. Stat. § 218B.080 and § 218B.105; §§ 218B at 218B.010 and 218B.050; § 209 at 209.131; § 304 at 304.065 and 304.060; and § 396 at 396.0414 and 396.031. | Yes | Yes | No | No | Board of Regents (higher ed.) | Congressional - Yes State - Yes School Boards - Yes, but as to Board of Regents only | State | Not specified by statute |
| New Jersey | S758 (2020) A698/S3964 (2021) | N.J. Stat. Ann. § 18A:13-8 (see also Board v. New Jersey, 372 N.J. Super. 341, 858 A.2d 576 (2004)), and § 52:4-1.1, § 52:4-1.2, § 52:4-1.3, § 52:4-1.4, and § 52:4-1.5 | Yes | Yes | Yes | Yes | Yes | Congressional - Yes (A698/S3964) State - Yes (S758) County - Yes (A698/S3964) City/Town - Yes (A698/S3964) School Boards - Yes (A698/S3964) | State, Federal | Counts at-large |
| New York | Part XX of the revenue budget (A9710D/S6610C) and technical amendment, A11597/S8415 (enacted in 2010) | N.Y. Correct. Law Section 71(8), adding N.Y. Legis. Law Section 83-m(13), and N.Y. Mun. Home Rule Law Section 10 (13) | No | Yes | Yes | Yes | No | State - Yes Counties - Yes Cities/Towns - Yes | State, Federal | Counts at-large (all people in federal facilities are counted at-large) |
| Pennsylvania | [commission action] | N/A | No | Yes | No | No | No | |||
| Rhode Island | [commission action] | N/A | No | Yes | No | No | No | |||
| Tennessee | SB1811/HB2053 (2016) | Tenn. Code Ann. § 5-1-111 | No | No | Yes | No | No | Counties - No (explicitly permitted, but not required) | All correctional institutions | N/A |
| Virginia | HB 1339 (2013) HB 1255/SB 717 (2020) | Va. Code Ann. § 24.2-304.04, § 24.2-314, § 53.1-52, § 24.2-304.1, § 30-265, and § 53.1-10 | Yes | Yes | Yes | Yes | No | Congressional - Yes (HB 1255/SB 717) State - Yes (HB 1255/SB 717) Counties - Yes (HB 1255/SB 717) Cities/Towns - Yes (HB 1255/SB 717) | State, Federal, and Local | Counts at the facility location |
| Washington | SB 5287 (2019) | Wash. Rev. Code § 44.05.140 and § 4.05.090. | Yes | Yes | Yes | Yes | Yes | Yes | State adult, Juvenile | Counts at the facility location |
Recommended Reading:
About the Prison Policy Initiative
Learn more about the organization behind the Prison Gerrymandering Project.
In prisons, Blacks and Latinos do the time while Whites get the jobs
We explore the racial disparity inside prisons.
Rome NY ends prison gerrymandering, Census Bureau can do better
Rome finally corrected the problem of prison gerrymandering within its borders; other cities and counties need the Census Bureau's help.
Prison-based gerrymandering's historical precedent
This is not the first time a policy barred people of color from the polls and transferred their political power to white voters.