Shorts archives

New Roanoke Times (VA) editorial calls on the Virginia legislature to take a stand against prison-based gerrymandering by passing H.B. 13

by Leah Sakala, January 6, 2012

This week, the Roanoke Times (Virginia) published a strong editorial calling on the Virginia legislature to take a stand for equal representation by passing H.B. 13. This legislation, sponsored by Delegate Riley Ingram, would more than double the number of counties eligible to reject prison-based gerrymandering by not artificially padding their districts with incarcerated populations.

Here’s the editorial:

Prisoners shouldn’t pad electoral districts

Let small localities with comparatively big prisons skip the prisoners when redistricting.

Prisoners skew the electoral map in some Virginia communities because they count as residents where they are incarcerated. They may not vote, though, so the rest of the people in a district with a prison receive greater political power than their neighbors.

Del. Riley Ingram, R-Hopewell, has introduced a bill to allow a few more localities to end such local prison-based gerrymandering. If H.B. 13 becomes law, localities would not have to count prisoners when they draw their legislative maps if the prisoners would constitute at least 12 percent of the ideal population of a district.

That would not affect redistricting for state or federal offices, only local offices.

The 12 percent threshold is a vestigial organ from existing law. In 2001, lawmakers gave localities the option to ignore prisoners in redistricting if 12 percent of all residents were prisoners. Ingram’s bill simply shifts the same percentage to a single district.

The nonpartisan Prison Policy Initiative identifies more than a dozen Virginia localities that could stop padding districts with prisoners. None is around these parts, but Pulaski and Pittsylvania counties both have incarceration facilities that could be eligible in 2021, when the next redistricting takes place.

Ingram sponsored a similar bill last year. It passed the House of Delegates on a 99-0 vote, but it died in the Senate Privileges and Elections Committee. Local senators split on the committee vote. Sen. John Edwards, D-Roanoke, supported the bill. Sen. Ralph Smith, R-Roanoke County, opposed it.

It faces better prospects this year. The evenly divided Senate is now under Republican control with the tie-breaking vote of Lt. Gov. Bill Bolling. Moreover, the NAACP has come out in favor of the change, contradicting concerns raised last year that blacks would oppose the measure.

Ideally, the General Assembly would simply allow all localities not to count prisoners in their local districts. After all, whether they are 5 percent or 15 percent of the population in a district, they artificially boost the population count and the political clout of some voters.

Ingram’s bill does not go that far, but it would move the commonwealth in the right direction.

For more information about the bill, check out our recent blog posts Virginia bill would help counties avoid prison-based gerrymandering, and Virginia counties may be given more choices in avoiding prison-based gerrymandering.


Interactive redistricting tools use our analysis of Census data to adjust redistricting population in New York.

by Aleks Kajstura, January 4, 2012

New York residents, so far facing a shortage of accurate redistricting data, are provided a partial solution by two new district mapping tools available online.

New York law requires that redistricting population data count incarcerated people at their home addresses. And although New York’s Legislative Task Force on Redistricting (LATFOR) is required to release the adjusted redistricting data, it has yet to do so. This poses a problem for the state’s residents and organizations that want to propose their own redistricting plans for consideration by the LATFOR.

Two online interactive redistricting tools make some of the required data available: The Public Mapping Project‘s District Builder and Common Cause/Newsday collaboration, UMapNY.

District Builder and UMapNY both use population data that account for half of the prison-based gerrymandering problem: while these tools could not count incarcerated people at their home addresses, the prison populations were removed form the population totals of the locations with the prisons to give a more accurate reflection of the state’s population distribution. Both tools use our analysis of the Census Bureau’s Group Quarters data to adjust the population of the 79 Census blocks that contain correctional facilities affected by the law.

These tools allow the residents of NY State to create draft maps with the most accurate redistricting data available so far.


Baltimore Sun op-ed explains how Maryland's law ending prison-based gerrymandering protects minority voting power.

by Leah Sakala, December 20, 2011

Maryland’s No Representation Without Population act ended prison-based gerrymandering throughout the state, but the law is currently being challenged in federal court.

The Baltimore Sun just published a great op-ed defending the law. As Ajmel Quereshi and Athar Haseebullah explain, Maryland’s landmark civil rights law strengthens minority voting power:

While the merits of taking away an incarcerated person’s vote may same fair to some, few think that the communities from which incarcerated people hail should likewise be punished by having their voting power diminished. But that is precisely what happens.

When a person from an urban and largely minority community, such as Baltimore, is convicted, that individual is moved to a prison to serve his or her sentence. These prisons are often located in rural, primarily white, communities. When congressional districts are drawn to ensure there is a roughly equal number of people in each congressional district, prisoners are not counted as a part of their home district, but instead are counted as part of the population at the location of their prison — even though they cannot vote in that district.

This policy drains the political power of the incarcerated individual’s home community and adds to the political power of the area where the prison is located.

Understanding the deleterious effects of this policy, Maryland enacted the No Representation Without Population Act in 2010. By doing so, Maryland finally required that prisoners be counted in the communities from which they came and to which they are likely to return when they regain their right to vote. The No Representation Without Population Act was spearheaded by the Legislative Black Caucus of Maryland and widely supported by state and national civil rights groups, including the Maryland State Conference of the NAACP and the ACLU of Maryland.

The No Representation Without Population Act was implemented to correct injustice. It is perhaps not surprising that those funding this lawsuit are attempting to fool Marylanders. If the act is struck down, conservative districts with large prisons will once again get extra credit for the prison populations — and prisoners’ home districts will receive less than a fair and equal voice in the political process. The result would be minority communities that are drained of their political power — again.


Letter to the editor by North Country resident Dan Jenkins clarifies misinformation printed in a recent Plattsburgh Press Republican editorial.

by Leah Sakala, December 14, 2011

In a compelling letter to the editor, Franklin County resident Dan Jenkins clarifies misinformation printed in a recent Plattsburgh Press Republican editorial about New York’s law that ended prison-based gerrymandering:

TO THE EDITOR: The Press-Republican editorial “Inequity must be addressed” of Nov. 29 is a fascinating mix of misinformation.

The manner in which the prison population of New York state will be counted for state and local redistricting is an important public topic. So it is important for the public to be provided with clear and accurate information.

First of all, the editorial incorrectly refers to “congressional” redistricting. The new state law that counts inmates at their homes of record will have absolutely no effect on the realignment of federal congressional district boundaries because those are based on federal census figures, period.

Secondly, the editorial claims that “20,000 inmates in New York’s prisons have no known home addresses.” This unattributed figure was disputed by Peter Cutler, spokesman for the State Department of Correctional Services, as quoted by Joseph Spector, Gannet News Service, in an article published about 10 days ago.

And finally, the editorial seems to suggest that even our counties should include the number of inmates found in state and federal prisons when drawing up local legislative districts or when calculating weighted votes.

Clinton, Franklin and Essex counties have, very properly, decided that prison populations should be deducted from census figures for purposes of local reapportionment. Otherwise, the concentration of inmates in places like Dannemora and Malone can force the creation of county districts with very few actual voters, and this bizarre result will fail to survive a legal challenge in the courts.

If the Press-Republican truly advocates that Clinton, Franklin and Essex counties all reverse course and include prisoner counts for purposes of local reapportionment, then you should make that clear.

Compliments to the Press-Republican for bringing public attention to this issue.

Daniel Jenkins, Tupper Lake

[After the letter was written, but before it was printed, a New York Supreme Court judge ruled to uphold the law ending prison-based gerrymandering, ensuring that incarcerated people in New York will be reallocated to their home addresses for redistricting purposes.]


New York Attorney General Eric Schneiderman’s office has issued a press release praising State Supreme Court Justice Devine’s decision to uphold the law ending prison-based gerrymandering in New York.

by Leah Sakala, December 7, 2011

New York Attorney General Eric Schneiderman’s office has issued a press release praising State Supreme Court Justice Devine’s decision to uphold the law ending prison-based gerrymandering in New York:

“Today’s decision by Judge Devine is a victory for fundamental fairness and equal representation. The court affirmed the legality of counting incarcerated individuals in their home communities for the purposes of redrawing district lines, rather than the districts where they are in prison,” said Attorney General Schneiderman.

“As a lawmaker, I fought to end the practice of prison-based gerrymandering that distorted the democratic process and undermined the principle of ‘one person, one vote.’ This decision affirms and applies a fair standard to the drawing of state legislative districts and makes it easier for counties to do the same by providing them with an accurate data set.”


In an interview on WPFM, PPI’s Exec. Dir. Peter Wagner offered some clarifications about the lawsuit filed to repeal the law that ended prison-based gerrymandering in Maryland.

by Leah Sakala, December 7, 2011

In an interview with Gloria Minott this morning on WPFM, PPI’s Executive Director Peter Wagner offered some clarifications about the Fletcher v. Lamone lawsuit filed to repeal the No Representation Without Population Act that ended prison-based gerrymandering in Maryland.

“The plaintiffs are filing this lawsuit arguing that Maryland’s law, the No Representation Without Population Act, dilutes the votes of African-Americans,” he said, “They have this backwards.”

Peter then explained how Maryland’s first-in-the-nation law increases, not diminishes, minority voting power in Maryland, bringing Maryland’s redistricting process closer in line with the federal “one person, one vote” principle.

To learn more about the case or to read case documents, visit our Fletcher v. Lamone page.


The Public Welfare Foundation’s 2010 Annual Report includes a great article about why abolishing prison-based gerrymandering is a critical step towards a fairer democracy.

by Leah Sakala, November 28, 2011

Peter Wagner, Executive Director

Executive Director Peter Wagner works from his hotel room in Anamosa Iowa, featured in the article.

The Public Welfare Foundation’s 2010 Annual Report includes a great article about why abolishing prison-based gerrymandering is a critical step towards a fairer democracy.

The Public Welfare Foundation has provided crucial support to our work to end prison-based gerrymandering. We are grateful for the Foundation’s generous support, and proud of the progress we’ve made:

[The Prison Policy Initiative’s] efforts led to some ground-breaking legislative changes in 2010 as Maryland became the first state to enact a law—called the No Representation Without Population Act—ensuring that incarcerated people will be counted at their home addresses when new state and local legislative districts are drawn in response to the 2010 Census.

Delaware and New York passed similar laws, although some upstate New York legislators are challenging that state’s law in court.

The Census Bureau is taking notice. Shortly before the 2010 Census, the Bureau responded to public pressure and announced that it would publish a special file with the prison counts.


PPI's Executive Director, Peter Wagner, will be one of the honorees at the formal launching of the Center for Church and Prison event on 11/19.

by Leah Sakala, November 18, 2011

Tomorrow marks the formal launching of the Center for Church and Prison, a faith-based research organization dedicated to reducing incarceration and recidivism. The inaugural event in Cambridge, Massachusetts will feature music and theater, and honorees at the event will include PPI’s Executive Director, Peter Wagner.

The Center for Church and Prison has been instrumental in working to remedy the problem of prison-based gerrymandering in Massachusetts. For example, the Center organized “Black Community Losing Power: Counting Inmates In the Wrong Place,” a highly successful public forum and panel discussion about prison-based gerrymandering.

We’re looking forward to celebrating with the Center for Church and Prison at tomorrow’s event, and hope to see you there if you’ll be in the New England area! Please check out the event website for tickets and more information


The Prison Policy Initiative and friends celebrated the end of prison-based gerrymandering in NY at a wonderful reception in NYC earlier this month.

by Leah Sakala, October 21, 2011

The Prison Policy Initiative and friends celebrated the end of prison-based gerrymandering in New York at a wonderful reception on October 11 in New York City. At the event, PPI presented awards to Assemblymember Hakeem Jeffries and VOCAL New York, honoring them for their outstanding leadership in this momentous civil rights victory.

We are so grateful for the support that allows us to continue working to permanantly bring an end prison-based gerrymandering nationwide.

For more pictures of the event, check out our album on the Prison Policy Initiative Facebook page!

event pictures


This morning the New York Times printed an article on how prison-based gerrymandering distorts democracy in Texas.

by Leah Sakala, September 30, 2011

This morning, the New York Times printed an article on how prison-based gerrymandering distorts democracy in Texas.

Making some savvy observations about how prison-based gerrymandering is an issue for both state and local governments, the Times reports:

In Anderson County — and in Bee, Karnes or Walker Counties — a significant part of the population is in prison. State prisoners in each of those places account for at least 19 percent of the total county population. Each Texas county has four county commissioners, elected from districts of equal size.

Inmates can’t vote, so counties can ignore the prison populations when they draw those districts. For redistricting purposes at the county level, the prisoners simply don’t exist.

The state, on the other hand, counts them, adding to the populations of districts that have large prisons. Because rural legislators like Representatives Jose Aliseda, Byron Cook, Tim Kleinschmidt and John Otto, all Republicans, have prisons in their districts, they each have big populations of ineligible voters — criminals who aren’t included in county maps, who can’t vote, and who don’t really have a stake in local affairs.

And maybe they shouldn’t: The prisoners don’t come from those counties. They tend to come from the state’s populous counties, like Harris and Dallas. And in Harris County’s case, not counting them as residents means one state representative fewer in the local delegation.




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