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.

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