Times Herald-Record asks: Who gets to count inmates?

Orange County paper addresses the political log-jam that keeps prison-based gerrymandering on the books in New York State.

by Peter Wagner, March 1, 2010

Keith Goldberg writes about the effort to end prison-based gerrymandering in New York State in the Times Herald-Record (Orange County, NY). On Feb 19, the paper’s editorial board said that “a politician should be embarrassed to claim that people held in prisons should count as constituents” and called for the state to pass legislation to end the practice of padding legislative districts with prisons.

The editorial concluded with the pessimistic prediction that a lawsuit would be necessary to end prison-based gerrymandering, and today’s article takes on the legal and political arguments that are holding up reform.

Utica NY paper calls on Sen Griffo & Assemblywoman Destito to oppose prison-based gerrymandering

The Utica New York Observer-Dispatch calls prison-based gerrymandering "absurd" and says their state senator and assemblywoman should support reform bills.

by Peter Wagner, February 26, 2010

The Utica New York Observer-Dispatch, is calling for their state senator and assemblywoman to support S6725/A9834 which would eliminate prison-based gerrymandering in state, county and municipal governments in the state. The paper calls prison-based gerrymandering “absurd” and “wrong”.

Read the editorial: Our view: Don’t count prisoners with voters. Redraw districts following 2010 Census to reflect true constituency published on Feb 26, 2010.

Or their previous coverage:

• 1/2 of Rome ward’s residents are prisoners
  Group says inmates should be excluded when drawing district boundaries, by Jennifer Fusco Feb 18, 2010
• State prisoners could become unlikely political prize Jan 28, 2010
• Our view: Don’t count prisoners as constituents, editorial, January 6, 2010
• Should prisoners count when drawing legislative districts? by Jennifer Fusco, Jan 2, 2010.

Minnesota Post on prison-based gerrymandering

Minnesota Post says advocates are working to end prison-based gerrymandering in that state.

by Peter Wagner, February 25, 2010

Casey Selix writes about the importance of fixing the Census Bureau’s prison counts in Minnesota’s legislative districts in Census issue: when, where — and for what purpose — to count inmates

She quotes Prison Policy Initiative Legal Director Aleks Kajstura on why we are working in Minnesota on this issue with the Second Chance Coalition:

“We’re focusing on Minnesota for three reasons…. First, the Minnesota Constitution says that incarceration does not change a residence. Second, Minnesota has such a strong dedication to the principle of drawing equal districts, that only three other states have House districts that are more equal in population. Third, even though Minnesota has fewer people in prison than most states, there are still enough people being counted in the wrong place to violate the principles of democracy.”

Also quoted is Sarah Walker, a founder of the Second Chance Coalition, who explains why the Coalition is taking up the issue:

“There are so many people in prison today that it’s breaking our electoral system, punishing even people who have no involvement with the criminal justice system”

Keesha Gaskins, executive director of the League of Women Voters explains her rational as well:

“This is a democratic issue, with a small ‘d,’ ” she said. “This isn’t a huge partisan issue. It’s about what’s fair for citizens and what’s fair for prisoners.”

The article says that State Sen. Linda Higgins is working on a bill that would fix prison-based gerrymandering in the state.

Syracuse Post-Standard endorses bill to end prison-based gerrymandering

The Post-Standard in Syracuse, New York, has endorsed ending prison-based gerrymandering in New York State with a strong editorial:

by Peter Wagner, February 25, 2010

The Post-Standard in Syracuse, New York, has endorsed ending prison-based gerrymandering in New York State with a strong editorial:

Legislation would stop ‘prison-based gerrymandering’

By The Post-Standard Editorial Board
February 24, 2010

Cayuga County is the temporary home of more than 2,500 people who don’t want to live there. They live inside the state prisons in Auburn and Moravia and, as such, have little or nothing to do with county life and use few if any county services. All but a relative handful of them — 24 as of Jan. 1 — lived outside the county before they were sent off to prison.

Yet for the purposes of the U.S. Census, those inmates are considered Cayuga County residents. The Census numbers beef up the government aid the county receives and add to the county’s political clout because they are used when legislative districts are redrawn.

Both of those practices are unfair. Most of the inmates in Upstate prisons come from poor, urban communities. They have families in those communities and will eventually return to them — and use county services. Onondaga County, for example, has no state prisons, but currently has about 1,900 people serving time in prisons in other counties. That’s 1,900 people who will not be counted as Onondaga County residents in the Census.

Mary Sanchez highlights prison-based gerrymandering in Kansas

by Aleks Kajstura, February 18, 2010

In “Counting prisoners is an issue for us all,” Mary Sanchez, of the Kansas City Star, writes that “elected officials wind up with constituents to whom they don’t have to answer at the ballot box.”

In all but two states, felons in prison can’t vote. So the standard of one person, one vote is distorted by building legislative districts based on head counts of people who can’t cast ballots, and where many only temporarily live via a prison sentence.

Recently, the Census Bureau announced that it will release data on group quarters, which include prisons, earlier than usual – in May 2011. This new data will give state and local governments the choice to account for their prison populations when drawing district lines for the next decade.

Rep. William Lacy Clay, chairman of the Subcommittee on Information Policy, Census & National Archives, led the charge for the change. …

“The impact of this decision is enormous. States and local governments will now have the opportunity to do the right thing and prevent the overrepresentation of areas where prisons are located,” according to Clay.

The operative words are “have the opportunity.” States don’t have to do anything after the prison counts by the census are released in May 2011.

But they ought to do what upholds democracy.

Democracy is not a zero-sum game

We have to stop framing census reform as a zero-sum game of funding. It's a democracy issue about the state constitution, and its an issue where almost everyone has something to gain from reform. Partisan and regional conflict makes for great press, but it's not going to build a better society.

by Peter Wagner, February 16, 2010

Professor Jamie Baker Roskie asks on the Land Use Prof Blog if there is a solution to the urban/rural and black/white split over how the Census Bureau should count incarcerated people. Introduced to the issue by an NPR story that (with the help of partisans in both places) sets the issue as a fight over limited resources, she asks if “some happy medium can be found”.

It’s a great question, and the answer is easy:

We have to stop framing census reform as a zero-sum game of funding. It’s a democracy issue about the state constitution, and its an issue where almost everyone has something to gain from reform. Partisan and regional conflict makes for great press, but it’s not going to build a better society.

See my comment on her post for my full explanation.

Count This As a Big Step Forward

Justin Levitt at the Brennan Center for Justice says the Census Bureau's new prison count data is a big step forward for democracy.

by Peter Wagner, February 14, 2010

Justin Levitt at the Brennan Center for Justice has a great new article explaining the importance for redistricting of the Census Bureau’s change in how the prison count data will be published:

• Count This As a Big Step Forward

Rep. Clay applauds Census Bureau decision to change reporting procedure for prisoners

Rep Clay says Census Bureau is giving state and local governments an opportunity to stand up for fairness and justice.

by Peter Wagner, February 13, 2010

FOR IMMEDIATE RELEASE: February 12, 2010
MEDIA CONTACT:
STEVEN ENGELHARDT (314) 504-4029

Says Decision Will Improve Accuracy, Restore Fairness, Reverse a Historic Injustice

WASHINGTON — Congressman Wm. Lacy Clay (D) Missouri, Chairman of the House Subcommittee on Information Policy, Census & National Archives has negotiated a ground-breaking agreement with the U.S. Census Bureau that will change how census counts of prisoners are reported to state and local governments. The policy change, which moves up the date when counts of incarcerated populations are reported, could potentially result in increased urban and suburban representation in state legislatures and local governments.

“I want to commend U.S. Census Director Dr. Robert Groves and his staff for acting to improve accuracy, restore fairness and reverse historic patterns of injustice that have been applied to prisoners for many years,” said Chairman Clay. “The impact of this decision is enormous. States and local governments will now have the opportunity to do the right thing and prevent the overrepresentation of areas where prisons are located.”

News roundup

by Peter Wagner, February 13, 2010

The Census Bureau’s decision to change how census counts of prisoners are reported to state and local governments is getting a lot of press. Samples include:

• Prisons, Redistricting and the Census New York Times editorial, February 11, 2010
• States get new leeway to tally prisoners in census, by Hope Yen, Associated Press, February 11, 2010
• New Option for the States on Inmates in the Census, by Sam Roberts, New York Times, February 11, 2010
• Reformers Score a Census Victory…by Skipping Prisoners? by Matt Kelley, Change.org, February 11, 2010

Glenn Martin says New York should demand Census reform

It's time New York demanded the census do what it was intended to do: Count the populations of its real communities, not tamper with its political scales.

by Peter Wagner, February 9, 2010

Glenn Martin has a great letter to the editor in last week’s Albany Times Union (February 5, 2010):

Don’t Politicize The Census

While sparsely populated upstate needs all the legislative representation it can muster, this representation must not come at the expense of destitute urban communities whose problems already stem from a disproportionate lack of resources and advocacy.

Census guidelines allow upstate prison communities to count nonvoting inmates as residents in order to increase legislative representation, while the prisoners’ underserved hometown communities lose out (“Inmate census rule criticized,” Jan. 29).

State parole laws dictate that upon release, prisoners must return to the county of their conviction — which is usually the county of their last known address. By this logic, inmates should be counted as residents of that county throughout incarceration, even if their prison is located upstate.