Nevada moved swiftly, ending prison gerrymandering in a single legislative session.

May 31, 2019

For immediate release — Yesterday, Nevada Governor Steve Sisolak signed a bill into law ensuring that people in state prisons will be counted as residents of their home addresses when new legislative districts are drawn. The new law makes Nevada the sixth state to end the practice known as prison gerrymandering, after Washington passed its own law just last week.

The Nevada Constitution states that, for the purposes of voting, people in prison should be counted as residents of their hometowns. However, the Census Bureau counts incarcerated people as residents of the places where they are incarcerated. As a result, when Nevada used Census counts to draw past legislative districts, it unintentionally enhanced the weight of votes cast in districts containing prisons — at the expense of all other districts in the state.

“Nevada’s new law recognizes that ending prison gerrymandering is an important issue of fairness,” said Aleks Kajstura, Legal Director of the Prison Policy Initiative. “All districts — some far more than others — send people to prison, but only some districts contain prisons. Counting incarcerated people as residents of the prison gives extra representation to the prison district, dilutes the votes of everyone who does not live next to the state’s largest prison, and distorts the constitutional principle of one person, one vote. This new law offers Nevada voters a fairer data set on which future districts will be drawn.”

prison gerrymandering legislation map

The legislation, passed as AB 450, applies only to redistricting and will not affect federal or state funding distributions.

Six other states have legislation to end prison gerrymandering pending in the current session. “We applaud Washington and Nevada for enacting common-sense solutions in a single legislative session,” Kajstura said. “Other states currently considering similar bills should follow its example.”


Washington State moved swiftly, ending prison gerrymandering in a single legislative session.

May 21, 2019

For immediate release — Today, Washington State Governor Jay Inslee signed a bill into law ensuring that people in state prisons will be counted as residents of their home addresses when new legislative districts are drawn, making Washington the fifth state to end the practice known as prison gerrymandering.

The Washington State Constitution states that, for the purposes of voting, people in prison should be counted as residents of their hometowns. However, the Census Bureau counts incarcerated people as residents of the places where they are incarcerated. As a result, when Washington State used Census counts to draw past legislative districts, it unintentionally enhanced the weight of votes cast in districts containing prisons — at the expense of all other districts in the state.

“Washington State’s new law recognizes that ending prison gerrymandering is an important issue of fairness,” said Aleks Kajstura, Legal Director of the Prison Policy Initiative, who was present when the bill was signed. “All districts — some far more than others — send people to prison, but only some districts contain prisons. Counting incarcerated people as residents of the prison gives extra representation to the prison district, dilutes the votes of everyone who does not live next to the state’s largest prison, and distorts the constitutional principle of one person, one vote. This new law offers Washington voters a fairer data set on which future districts will be drawn.”

bill signing ceremony photo

The legislation, passed as SB 5287, applies only to redistricting and will not affect federal or state funding distributions.

Five other states have legislation to end prison gerrymandering pending in the current session. “We applaud Washington State for enacting this common-sense solution in a single legislative session,” Kajstura said. “Other states currently considering similar bills should follow its example.”

The states with pending legislation include:

  • Connecticut: HB 5611, introduced by the Government Administration and Elections Committee for the January Session, 2019.
  • New Jersey: S758, “requir[ing] incarcerated individual from State to be counted at residential address for legislative redistricting purposes”, introduced by Senators Sandra Cunningham and Nilsa Cruz-Perez, January 9, 2018, and A1987, introduced by Assemblymembers Sumter, Mukherji, Quijano, and Pinkin, January 9, 2018.
  • Oregon: HB 2492, “Relating to redistricting”, has chief sponsors Representative Holvey and Senator Prozanski and regular sponsors Representatives Nosse, Piluso, Sanchez, filed on January 14, 2019.
  • Rhode Island: H 5513, “Residence of Those in Government Custody Act”, introduced by Representatives Williams, Vella-Wilkinson, Craven, Caldwell, and Almeida, February 14, 2019. And S 232, “Residence of Those in Government Custody Act”, introduced by Senators Metts, Nesselbush, Quezada, Cano, and Crowley, January 31, 2019.
  • Texas: “An Act Relating to the inclusion of an incarcerated person in the population data used for redistricting according to the person’s last residence before incarceration” was filed by Representative Johnson as HB 104 on November 12, 2018.

Pending Governor Jay Inslee's signature, Washington State will become the fifth state to count incarcerated people at their home addresses during redistricting.

April 23, 2019

On April 23, the Washington state legislature passed a bill ensuring that incarcerated persons will be counted as residents of their home addresses when new legislative districts are drawn in Washington. The bill is now awaiting Governor Jay Inslee’s signature.

The Washington State Constitution states that, for the purposes of voting, people in prison should be counted as residents of their hometowns. However, the Census Bureau counts incarcerated people as residents of the places where they are incarcerated. As a result, when Washington State uses Census counts to draw legislative districts, it unintentionally enhances the weight of a vote cast in districts that contain prisons at the expense of all other districts in the state.

This problem is national, affecting not only Washington but all states. Our past research has found one state house district in Texas, for instance, that was 12% incarcerated people; and 15% of one Montana state house district consisted of incarcerated people imported from other parts of the state.

Washington State is poised to become the fifth state to correct this problem by adjusting Census data to count incarcerated persons at their home address, joining New York, Maryland, Delaware, and California. Nine other states have legislation pending in the current session.

The legislation, passed as SB 5287, applies only to redistricting and would not affect federal or state funding distributions.

“Washington’s legislation recognizes that prison-based gerrymandering is a problem of fairness,” said Aleks Kajstura, Legal Director of the Prison Policy Initiative. “All districts — some far more than others — send people to prison, but only some districts have large prisons. Counting incarcerated people as residents of the prison distorts the principle of one person, one vote. This new law offers Washington voters a fairer data set on which future districts will be drawn.”


The Washington State legislature is close to passing a bill enabling its redistricting commission to end prison gerrymandering.

by Aleks Kajstura, April 16, 2019

Washington State is poised to become the fifth state to end prison gerrymandering. SB 5287, sponsored by Senators Darneille and Hunt, introduced on January 17, 2019; the bill passed the Senate on March 11, 2019, and the House on April 16, 2019.

Because the bill was amended in the House, it will now go back to the Senate for a concurrence vote. (The House amendment clarified how incarcerated people from out of state or with unknown addresses would be counted.)

The Census Bureau has decided to count incarcerated people in the wrong place again at the next Census, so states are taking action on their own now to avoid prison gerrymandering after the 2020 Census. Washington is one of ten states with bills to end prison gerrymandering pending this session, if the bills pass these states would join California, Delaware, Maryland and New York in ensuring equal representation for their residents.


If it passes, the bill would make New Jersey the fifth state to end prison gerrymandering.

by Aleks Kajstura, February 26, 2019

The New Jersey State Senate passed a bill to end prison gerrymandering on Thursday, with bipartisan support. The identical Assembly counterpart to the bill, A1987, is still pending.

Our New Jersey campaign page has fact sheets, testimony, and other information on the effort to end prison gerrymandering in the state. We’re thrilled to see this bill moving forward after the last legislative session, where the legislation made it all the way to the Governor’s desk, only to be vetoed by former Governor Christie.

The Census Bureau has decided to count incarcerated people in the wrong place again at the next Census, so states need to take action on their own now to avoid prison gerrymandering after the 2020 Census. New Jersey is one of six states with bills to end prison gerrymandering pending this session, if the bills pass these states would join California, Delaware, Maryland and New York in ensuring equal representation for their residents.


Bills to end prison gerrymandering are pending in six states' new legislative sessions. Conn. prison gerrymandering challenge passes first hurdle in court.

by Aleks Kajstura, February 21, 2019

On Tuesday, the NAACP’s lawsuit challenging prison gerrymandering in Connecticut survived the state’s motion to dismiss before the U.S. District Court for the District of Connecticut.

While the status quo is challenged in the courts, the state continues to consider a legislative solution. The Government Administration and Elections Committee heard testimony on House Bill 5611 last Friday. (Testimony from the hearing, and other info on efforts to end prison gerrymandering in Connecticut is available on our Connecticut campaign page.)

Connecticut is one of six states with bills to end prison gerrymandering pending this session:

  • Connecticut:HB 5611, introduced by the Government Administration and Elections Committee for the January Session, 2019.
  • New Jersey: S758, “requir[ing] incarcerated individual from State to be counted at residential address for legislative redistricting purposes”, introduced by Senators Sandra Cunningham and Nilsa Cruz-Perez, January 9, 2018, and A1987, introduced by Assemblymembers Sumter, Mukherji, Quijano, and Pinkin, January 9, 2018.
  • Oregon: HB 2492, “Relating to redistricting”, has chief sponsors Representative Holvey and Senator Prozanski and regular sponsors Representatives Nosse, Piluso, Sanchez, filed on January 14, 2019.
  • Rhode Island: H 5513, “Residence of Those in Government Custody Act”, introduced by Representatives Williams, Vella-Wilkinson, Craven, Caldwell, and Almeida, February 14, 2019. And S 232, “Residence of Those in Government Custody Act”, introduced by Senators Metts, Nesselbush, Quezada, Cano, and Crowley, January 31, 2019.
  • Texas: “An Act Relating to the inclusion of an incarcerated person in the population data used for redistricting according to the person’s last residence before incarceration” was filed by Representative Johnson as HB 104 on November 12, 2018.
  • Washington: “Ensuring accurate redistricting”, SB 5287, sponsored by Senators Darneille and Hunt, introduced on January 17, 2019.


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