Help End Prison Gerrymandering Prison gerrymandering funnels political power away from urban communities to legislators who have prisons in their (often white, rural) districts. More than a decade ago, the Prison Policy Initiative put numbers on the problem and sparked the movement to end prison gerrymandering.

Can you help us continue the fight? Thank you.

—Peter Wagner, Executive Director
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Pennsylvania and Montana poised to become first states to end prison gerrymandering without legislation, a solution the Prison Policy Initiative has recommended in other states as well. New Jersey expands its law to cover congressional and local districts.

by Mike Wessler, August 31, 2021

Redistricting has officially begun across the country, and over the last few weeks, several states have taken important steps to ensure people who are incarcerated are counted at their homes when new districts are drawn rather than in a prison cell.

The most significant of these victories occurred in Pennsylvania, where Rep. Joanna McClinton worked with advocates to add that state to the growing list of places that have ended the practice of prison gerrymandering when drawing legislative districts. This victory was particularly important because instead of relying on legislation, the independent Legislative Reapportionment Commission decided to end the practice on its own, making it the first state to do so. In urging other members of the commission to take this step, McClinton made the implications of the decision clear when she said, “We cannot wait another ten years. The time to correct this injustice is right now.”

The Keystone State may have been the first to address prison gerrymandering through its independent redistricting commission, but it likely won’t be the last. In Montana, a bipartisan consensus has formed on the need to fix the problem. Members of the state’s redistricting commission recently voted unanimously to take steps toward ending prison gerrymandering in legislative redistricting. They also are asking the state’s governor and congressional delegation to take action to help end the practice and urging the U.S. Census Bureau to end prison gerrymandering nationwide–a step we’ve advocated that the agency take for nearly twenty years.

Finally, lawmakers in New Jersey, a state that previously ended prison gerrymandering in legislative redistricting, recently voted to expand their law to make it apply to congressional and local government redistricting as well. The measure was recently signed by Gov. Phil Murphy.

a map showing the areas that have addressed prison gerrymandering

The next few months are sure to be a whirlwind, but it is still not too late for state and local governments to ensure equal representation for their residents. As we’ve seen in Pennsylvania and Montana, states can use their redistricting commissions to solve this issue without legislation. Similarly, cities, counties, and school boards can use information contained in the recently released census data to avoid prison gerrymandering when drawing their new districts.

The redistricting decisions made over the coming weeks and months will have implications for the next decade. As of today, 40% of the country lives in a state, county, or municipality that has formally rejected prison gerrymandering. While new lines are drawn over the coming months, we’re committed to growing this number further.


Our new quick-reference chart helps advocates sift through the differences between states' legislative approaches to ending various aspects of prison gerrymandering.

by Andrea Fenster, August 30, 2021

More than 10 states have now passed legislation ending prison gerrymandering. However, each state has taken a slightly different approach towards achieving that goal, creating laws that sometimes differ in substantive (though not always substantial) ways.

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We have created a new quick reference chart to help advocates and legislators sift through and compare some of these differences. Our chart includes the legislative history in each state, a statutory reference, a breakdown of which levels of government the law applies to, whether the law is mandatory or permissive, the different types of institutions covered, and how unknown or out-of-state addresses are dealt with.

Of course, our model legislation offers our best guidance for those looking to end prison gerrymandering in their own states.



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