New Boston Globe oped explains how and why states must end prison gerrymandering — now

Advocates will find Abdallah Fayyad’s new Boston Globe column a useful article to distribute to policymakers, as a concise explainer about why ending prison gerrymandering is important this year.

by Wanda Bertram, March 25, 2021

Prison gerrymandering is poised to continue in most states for another 10 years, unless states act immediately to fix the problem before the fast-approaching redistricting process. Fortunately, even in the many states that have run out of time to pass new laws before redistricting starts, there are still two solutions left for local and state districts.

Boston Globe opinion columnist Abdallah Fayyad published a highly-readable oped this month about prison gerrymandering, in which he explains the problem and the urgently-needed solution for local governments: “Remove prisons from redistricting data prior to creating new legislative maps at the local level.”

Meanwhile, state legislators “should ensure that prisons don’t meaningfully distort where [state] district lines are drawn.” This requires map drafters to avoid grouping prisons together into single districts and making sure that districts that do contain prisons have enough actual local residents to meet population requirements.

Fayyad’s oped targets policymakers in Massachusetts, but the solution he explains could work in virtually any state. Most states contain cities and counties whose governments have been wildly distorted by prison gerrymandering, and the Census Bureau is making it easier than ever for redistricting officials to fix the problem themselves. (We’ve previously explained the solution Fayyad offers in more detail.)

Because the oped ran in the widely-read and respected Boston Globe, advocates in other states may find this a very useful piece to distribute as a concise explainer about ending prison gerrymandering this year.

Fayyad also does an excellent job explaining the injustice of prison gerrymandering. As he puts it:

“Representatives from [prison] districts feel compelled to cater to the needs of only a minority of their constituents if they wish to be re-elected…This is not because these representatives are inherently sinister actors — though not responding to the needs of incarcerated constituents is a failure of leadership and the duty to serve a district in its entirety — but because the system encourages elected officials to ignore their prison populations.”

It’s important to end prison gerrymandering, as Fayyad explains, in order to move away from a system in which people in prison are invisible and ignored, and towards one in which they have genuine representation in houses of government.

Read the full Boston Globe oped here: https://www.prisonpolicy.org/scans/BostonGlobe_Fayyad_prisongerrymandering_Mar2021.pdf

Read about our ongoing advocacy to end prison gerrymandering in 2021 here: https://www.prisonersofthecensus.org/news/2020/12/18/building-momentum/

Illinois Governor J.B. Pritzker signs law ending prison gerrymandering

February 25, 2021

For immediate release — On Tuesday, Illinois Governor J.B. Pritzker signed an omnibus criminal justice package that (among several victories) makes Illinois the tenth state to end prison gerrymandering. HB3653 ensures that, beginning in 2030, people in state prisons will be counted as residents of their home addresses when new legislative districts are drawn.

The Prison Policy Initiative, which has been leading the national fight to end prison gerrymandering for almost 20 years, notes the significance of this particular victory. “One in three U.S. residents now lives in a place that has ended prison gerrymandering,” said Legal Director Aleks Kajstura.

But this important win also falls far short of what the Prison Policy Initiative and other advocates hoped for. The part of HB3653 ending prison gerrymandering was singled out in a last-minute change delaying implementation until 2030, rather than ensuring that changes go into effect in the current redistricting cycle. “The state’s delay means another decade of using redistricting data that counts incarcerated people in the wrong place,” said Aleks Kajstura. “While the state waits another six months for the Census’ redistricting data, it could be using that time to count people at home.”

Illinois law states that going to prison does not change someone’s official residence. However, the Census Bureau counts incarcerated people as residents of the places where they are incarcerated. As a result, when Illinois uses Census counts to draw legislative districts, it unintentionally enhances the representation of people living in districts containing prisons. Counting incarcerated people as residents of the prison gives extra representation to the prison district, dilutes the representation of everyone who does not live next to the state’s largest prison, and prevents the state from fulfilling the constitutional requirement of equal representation. Indeed, 22 counties and cities in Illinois that have large correctional facilities already adjust their own redistricting data to ensure equal representation on city councils and county commissions.

While the upcoming redistricting cycle means that the clock is ticking for states that want to end prison gerrymandering, every state still has an opportunity to limit the impact of the distortion. Legislation is not the only way to end prison gerrymandering before new districts are drawn: State and local redistricting officials can also minimize the impact of the Census’ prison counts by using “group quarters” table that will be published with the usual redistricting data. The Census Bureau is publishing the table to make it easier for states to identify correctional facilities in their redistricting data. “More states need to follow Illinois’s example in passing swift reform, but they have to make sure that reforms go into effect immediately or they will face 10 more years of prison-driven democracy distortion,” said Kajstura.

Illinois’s new law applies only to redistricting, and will not affect federal or state funding distributions.

Illinois legislature passes bill ending prison gerrymandering

Illinois is poised to become the 10th state to end prison gerrymandering.

by Aleks Kajstura, January 13, 2021

Illinois’ HB 3653, a major criminal justice reform package, contains provisions ending prison gerrymandering for state legislative districts. The final language passed both the Senate and House today.

If signed by Governor Pritzker, it will make Illinois the 10th state to end prison gerrymandering. This reform represents a culmination of a decade-long effort, including CHANGE Illinois and United Congress of Community and Religious Organizations tirelessly pushing for reform.

California’s Redistricting Commission votes to adopt prison gerrymandering reform

Unanimous decision follows state legislature’s recommendation to count incarcerated people at home

by Ginger Jackson-Gleich, January 12, 2021

After the 2010 redistricting cycle, the California legislature passed a collection of bills—AB 420 (2011), AB 1986 (2012), AB 2172 (2018), and AB 849 (2019)—that sought to end prison gerrymandering at all levels of government.

At the local level, that legislation requires city and county governments to adjust redistricting data by counting incarcerated people in their home communities, rather than at the correctional facilities where they are detained. At the state level, the legislation recommends that the Citizens Redistricting Commission make that same adjustment.

This morning, the Commission convened to discuss and vote on that recommendation. At the close of the meeting, the Commission adopted the legislature’s recommendation through a unanimous, bipartisan vote of all those present.

The vote followed presentations by our own Aleks Kajstura and by Karin Mac Donald, Director of California’s Statewide Database and the Election Administration Research Center at UC Berkeley, as well as the submission of a letter from Assemblymember Shirley Weber, Ph.D., author of AB 2172 and newly designated Secretary of State for California.

Since you asked: do opponents of prison gerrymandering want voter-only districting?

No. We oppose voter-only districting — even our recommendation that incarcerated people be excluded in some contexts lends no support to the practice of voter-only districting.

by Ginger Jackson-Gleich, December 28, 2020

Who should be counted for redistricting purposes? Since the 2010 redistricting cycle, numerous events — from the Supreme Court’s decision in Evenwel v. Abbott to President Trump’s efforts to inquire into citizenship status in the 2020 Census — have drawn attention to this important question. For people interested in our work, an additional query often follows: how exactly should disenfranchised incarcerated people be counted toward district populations?

The fact that questions persist about our recommendations for counting incarcerated people is not surprising: journalists have reported our position inaccurately; advocates for voter-only districting have tried to twist and appropriate our words; and the exclusion of incarcerated people (who generally cannot vote) is one of the solutions to prison gerrymandering that we promote in specific, limited contexts. As a result, some people assume that opponents of prison gerrymandering support voter-only districting.

In advance of the upcoming redistricting cycle, we’d like to make our position on this issue clear: we believe that all persons, whether or not they can vote, are entitled to equal representation and that everyone should be counted for purposes of redistricting. The key concern with prison gerrymandering is not whether incarcerated people should count, but where they should count. Accordingly, districting based on the eligible-voter population is not an approach that we support.

As noted above, we suspect that some of the confusion surrounding this topic arises from our recommendation that incarcerated people be excluded from redistricting data when cities or counties draw local legislative districts around correctional facilities.

To understand why such exclusion does not amount to an endorsement of voter-only districting, it is necessary to see that prison gerrymandering causes two distinct problems: it undermines equality of representation between coequal legislative districts and it siphons political power from incarcerated people’s home communities. Both issues arise from the way the Census tabulates incarcerated populations: it allocates people to their temporary prison addresses, rather than counting them at home (despite the fact that they remain legal residents of their home addresses while incarcerated).

Just like state governments, local jurisdictions — such as cities and counties — have districts that are required to contain equal populations in order to ensure equal representation by local elected officials.

However, as one federal judge has beautifully explained, city councilors, county commissioners, and other local elected officials “can’t make decisions that meaningfully affect” the people incarcerated within their districts, nor can the governing bodies to which those representatives belong do anything for such populations, whose lives are generally governed by state (or even federal) authorities. In other words, unlike other non-voter populations (like children or permanent residents), there is no “representational nexus” between local elected officials and the people detained within their districts. As a result, excluding correctional facilities when local district lines are drawn ensures that districts will have equal numbers of actual residents — and therefore that residents will have truly equal representation.

Unfortunately, local jurisdictions cannot solve the problem of prison gerrymandering in its entirety. While they can avoid creating city or county legislative districts with unequal representation, they cannot — on their own — stop the transfer of political power from people’s home communities. This is because local jurisdictions can refuse to pad their own districts with prisons (by excluding correctional populations prior to drawing district lines), but they cannot restore incarcerated people to addresses outside of their own boundaries. Accordingly, local jurisdictions cannot singlehandedly end the siphoning of political power from incarcerated people’s home communities.

Importantly, the state-level solution is different from the local one; at the state level, exclusion is neither necessary nor beneficial because states can count incarcerated people at their home addresses statewide and thereby solve both parts of the prison gerrymandering problem. Thus, for local jurisdictions, we recommend excluding incarcerated populations prior to redistricting (a partial solution being better than no solution), while our ultimate hope is that states and the Census Bureau will implement the solutions necessary to solve the problem completely.

For all of these reasons, we continue to advocate that using total-population baselines (not eligible-voter populations) is the best method for redistricting, and that incarcerated people should be counted at their home addresses. This total-population approach (sometimes described as the pursuit of “representational equality”) ensures both that elected officials represent the same number of constituents (including those — such as children, non-citizens, and incarcerated people — who cannot vote), and also that officials have a meaningful representational connection to the people they purport to represent. By contrast, efforts to ensure “voter” or “electoral equality” limit representation to only those individuals eligible to cast ballots.

As part of our collection of updated resources for advocates, we have added a fact sheet that addresses local redistricting (and the prison gerrymandering solutions available to local governments). Readers may also wish to explore our other resources for the 2020 redistricting cycle, including a roundup of legislative solutions, as well as an explanation of why prison gerrymandering does not impact federal or state funding allocations.

Building momentum against prison gerrymandering

Diverse support for ending prison gerrymandering builds momentum for action nationwide.

by Aleks Kajstura, December 18, 2020

Prison gerrymandering can feel like a complex, political quirk. Talking about Census Bureau policy and how the Bureau interprets its own sometimes-arcane “residence rules” can feel like getting deep in the weeds of policy. But prison gerrymandering is not a fringe issue. It has real-world implications for representation and public policies — and there are proven solutions. Since the Prison Policy Initiative and others have been working to solve this problem, we have seen growing public support and reform legislation passed around the country.

The problems stem from the way the Census Bureau conducts its counts. When counting the population every ten years, the Bureau tabulates incarcerated people as if they were residents of the locations where they are confined, even though they remain legal residents of their homes. When the resulting data is then used to draw legislative districts, all of a state’s incarcerated persons are credited to a small number of districts that contain large prisons. This has the effect of enhancing the representation of those districts and diluting representation of everyone else in the state, distorting policy decisions statewide. And since incarcerated populations are disproportionately Black and Latino, minority voting strength is diluted in the process. (Although this affects representation, it fortunately does not have major funding implications, for various reasons.)

Although prison gerrymandering remains a serious issue in most parts of the United States, there is a growing movement to solve it, and significant progress toward reform has been made at the Census Bureau and at all levels of government across the country. States have the power to use correctional data to adjust Census population counts when drawing districts. Since 2010, nine states — Maryland, New York, Delaware, California, Washington, Nevada, New Jersey, Colorado, and Virginia — have passed legislation to do so, ensuring that districts are drawn with data that counts incarcerated people at home. And more than 200 counties and municipalities independently adjust their redistricting data to avoid prison gerrymandering.

All in all, over 30% of US residents now live in a state, county, or municipality that has formally rejected prison gerrymandering:

Additionally, where states have been unable to implement the most common solutions to prison gerrymandering, they have embraced other options available to them. For example, Massachusetts has not passed legislation, but it found another way to minimize the impact of prison gerrymandering when drawing districts following the 2010 Census, by specifically considering prison populations to ensure that the state would not accidentally (or purposely) concentrate prison populations within a small number of districts. The redistricting committee’s final report on their process devoted significant space to the prison gerrymandering problem and recommended that the Census Bureau create a national solution. The state legislature then doubled down on that recommendation and passed a joint resolution that officially calls on the Census Bureau to count incarcerated people at home. Notably, this solution is still available to any state that cannot pass legislation to count incarcerated people at home in time for the 2020 redistricting cycle.

These actions reflect strong public support for solving prison gerrymandering — and a push for the Census Bureau to change the way it counts in the first place. When the Census Bureau asked for public comment on how incarcerated people should be counted in 2015, over 99% of the 77,863 comments urged the Bureau to count incarcerated persons at their home address. And when the Bureau asked again a year later, almost 100,000 people voiced support for the change, including representatives from civil rights organizations, elected officials at all levels of government, former Directors of the Census Bureau, and citizens from across the country. The reform movement has also drawn editorial support from publications like the New York Times and the Philadelphia Inquirer.

In addition to legislative efforts and public comments, organizations and legislative bodies have shown opposition to the Census Bureau’s prison count and prison gerrymandering, by issuing formal resolutions and recommendations.

As a result of state and local governments’ push to avoid prison gerrymandering, as well as support from advocates and the public, the Census Bureau has recognized that the redistricting data it has historically provided does not meet the needs of those aiming to draw equal districts. Although the 2020 Census still counted incarcerated people as if they were residents of correctional facilities, the Bureau will be publishing prison population counts as part of each state’s redistricting data, making it easier for states and local governments to avoid prison gerrymandering.

As a record number of states and municipalities are poised to tackle prison gerrymandering during the upcoming redistricting cycle, now is the time to join the movement for change.

When the Census says most of your town is in prison

Prisons account for over half of the population in nearly 40 municipalities, painting a distorted picture of communities.

by Aleks Kajstura, November 10, 2020

The Ina Community Center shares a little unassuming building with the Ina Village Hall. The squat single-story structure probably serves the little Illinois village quite well. But judging by their Census population of over 2,300, you wouldn’t think the building adequate.

The village only has 494 actual residents. The 1,800 people who make up the remainder of the Census population are folks who are incarcerated at the Big Muddy Prison. Because the prison is located within the village boundaries, the Census counts them as if they were village residents. That means 80% of the population reported for Ina are legal residents of other villages, towns, and cities, scattered across Illinois.

Ina is just one of nearly 40 municipalities across the US where more than half of the Census population is actually people who were counted at a correctional facility. And in over 100 municipalities, at least one in three people counted by the Census are actually out-of-town residents.

I often talk about how the Census Bureau’s practice of counting incarcerated people as if they were residents of the town that contains the prison causes prison gerrymandering. Prison gerrymandering is the process of using prisons to pad district populations, resulting in increased political representation for people who live near prisons.

But the Census Bureau’s practice skews data in ways that affect more than just redistricting data and representation. When a prison accounts for half of your city population, the Census’ demographic information such as race and ethnicity is not representative of the local residents. Mass incarceration’s disproportionate impact on Black and Latino communities, coupled with prisons being built largely in white communities distorts the Census’ demographic data when people aren’t counted in their home communities. This often paints a distorted picture of job opportunities in the local economy.

Many people assume that prison gerrymandering affects funding allocation, but in fact funding allocation seems to be one of the few data uses left untouched by the Census’ prison miscount. Over the decades, funding formulas have developed a level of complexity that leaves them mostly impervious to the Census Bureau’s odd interpretation of residence.

This year, the Census once again counted all incarcerated people as residents of the facility where they were located on April 1. The population data that will be released over the next few months will therefore suffer from the same deficiencies for another decade; it will once again fail to represent the people who actually live in these communities. For now, places such as Ina can find some relevant information in the Census data, if they know where to look and dig carefully enough. Perhaps by 2030 the Census Bureau will count everyone at home rather than shifting the burden of making its data usable onto everyone else.

Local governments in Louisiana dole out extra political power to people living near prisons and jails

Dramatic examples of prison gerrymandering show the need for new districting practices in the Bayou State.

by Ginger Jackson-Gleich, October 9, 2020

Local governments across Louisiana will engage in redistricting after the 2020 Census. When they do, they will once again face decisions about whether to bestow disproportionate political power upon people who live near correctional facilities. The last time this process unfolded (following the 2010 Census), numerous jurisdictions — including parishes (akin to counties), cities, and towns — formed districts that were highly distorted by prison and jail populations.

For example, Allen Parish gave people living in a district with a federal correctional complex twice as much political power as residents who lived in districts without such a facility. Moreover, because Louisiana has the second-highest incarceration rate in the world and more than a dozen state or federal prisons (as well as dozens of local jails), it is unsurprising that these kinds of power imbalances — the result of “prison gerrymandering” — occur in many places throughout the state.

In addition to popping up in different parts of Louisiana, prison gerrymandering also occurs at numerous levels of government, creating problems at the state level (when district lines are drawn for state legislatures) and in parishes, cities, and towns where prison or jail populations typically constitute even larger portions of local district populations. In addition to undermining notions of representational equality, these population imbalances also create inaccurate pictures of community populations for research and planning purposes (although they do not typically impact federal funding, despite frequent assumptions to the contrary).

As we have explained before, prison gerrymandering happens primarily because the U.S. Census Bureau counts incarcerated people as residents of the places in which they are confined, despite the practical reality that (1) most people in prison cannot vote, and many people in jail are effectively barred from doing so (even if eligible), (2) most incarcerated people return to their home communities upon release and remain legal residents of their home addresses even while incarcerated, and (3) local elected officials often have little authority over the lives of people incarcerated within their districts.

While the state legislature in Louisiana engages in prison gerrymandering in drawing state districts, the state’s parishes (and the cities and towns within them) retain the power to utilize Census data to avoid prison gerrymandering when drawing local government districts. Indeed, as the Prison Policy Initiative has previously noted, some local governments in Louisiana have already taken it upon themselves to solve the problem of prison gerrymandering by removing incarcerated people from the districts they have drawn.

Notably, among the parishes with the largest prison populations (proportionally speaking), about half excluded prison populations during redistricting following the 2010 Census. For example, had Claiborne Parish included the prison population contained within its borders, one of the districts in the parish would have been composed entirely of a state prison.

Nonetheless, in many places throughout Louisiana, prison gerrymandering remains a problem. As noted above, Allen Parish is one striking example. The parish’s governing body (its police jury) has seven districts. According to the Census, Allen Parish had a total population of 25,764 in 2010; thus, each of the seven districts in its police jury should have had approximately 3,681 constituents following its 2010 redistricting.

However, Allen Parish relied on non-adjusted Census data to apportion people into those districts, and for one district (District 1) that data included 2,430 people incarcerated at the federal correctional complex within its borders. Using the raw Census data without adjusting it to account for the federal correctional complex meant that 66% of the “constituents” in District 1 ended up being people incarcerated at a federal prison, rather than people who would be meaningfully represented by the district’s elected police juror.

Examples from across the state show that the problem of prison gerrymandering looms large across Louisiana:

• Allen Parish:
  • Police Jury District 1 (as explained above) includes the people incarcerated at the Oakdale Federal Correctional Complex, such that the incarcerated population accounts for 66% of the district’s “constituents.”
  • Police Jury District 6 includes the people incarcerated at the Allen Correctional Center, such that the incarcerated population accounts for 39% of the district’s “constituents.”
• Madison Parish:
  • Police Jury District 2 includes the people incarcerated at the Madison Parish Correctional Center, such that the incarcerated population accounts for 37% of the district’s “constituents.”
  • Police Jury District 3 includes the people incarcerated at the Louisiana Transitional Center for Women, such that the incarcerated population accounts for 20% of the district’s “constituents.”
• Town of Farmerville
  • District C includes the people incarcerated at a local detention center, such that the incarcerated population accounts for 42% of the district’s “constituents.”

Examples like these make clear that prison gerrymandering causes serious distortions to representational equality between constituents. In Allen Parish’s District 1, residents get twice the representation that residents of districts without a correctional facility have. Likewise, in Madison Parish’s District 2 (where the prison constitutes 37% percent of the population), every 63 residents in that district get the same degree of representation as 100 residents living elsewhere. Finally, in Farmerville, the jail in District C constitutes 42% of the district’s population, meaning that 58 residents there have the same political power as 100 residents elsewhere.

While the Census could solve the problem of prison gerrymandering in one fell swoop–by counting incarcerated people at home–it has so far declined to do so. In the absence of such a solution, states, counties, and local governments must act (as some Louisiana state legislators are already attempting to do).

Although it appears unlikely that Louisiana will count incarcerated people at home when drawing state legislative districts after the 2020 Census, cities and parishes can still avoid prison gerrymandering at the local level when they redistrict. Doing so will ensure that Louisiana residents have equal access to their parish, city, and town representatives and a fair say in local government.

Do prisons draw in Census money for their host communities? No.

One of the most common arguments against prison gerrymandering reform is the fear, among people in prison towns, that their communities will lose out on funding. It's a fear based on a misunderstanding of how federal and state funds are allocated.

by Aleks Kajstura, July 13, 2020

It’s that time of the decade again when the Census Bureau is hoping to count every single person in the country. Even though the April 1 “Census Day” has passed, the Bureau is still trying to convince the roughly 40% of US denizens that have yet to fill out a form that they should be counted. To persuade the hold-outs the Census Bureau, along with their state and local partners, rely on advertising how much money is riding on the count.

On its website where people can fill out the Census form, the Bureau stresses the financial stakes of counting people correctly: “Census results help determine how billions of dollars in federal funding flow into states and communities each year.” Funding makes an appearance in nearly every mention of how Census data is used. For example: “The 2020 Census will determine congressional representation, inform hundreds of billions in federal funding every year, and provide data that will impact communities for the next decade.”

Those statements are true. But some municipalities, desperate not to lose any population in the decennial count, often resort to putting a price tag on each person’s failure to respond. For example, as local officials in Georgia try to ensure that local residents are counted, the local paper peppers in claims like: “If only one person is counted in a house with four people, it will mean $69,000 less in local coffers over a decade.”

But while it’s true that a lot of funding depends in some way on Census data, this funding isn’t a lump sum that can be converted to a dollar amount per head. In fact, the same series of studies referenced in that Georgia newspaper warn against drawing such false conclusions.

A brief by Andrew Reamer, Research Professor at the George Washington Institute of Public Policy, gives a very detailed walkthrough of the types of population data used to distribute funding. Reamer’s brief makes it clear that per-head calculations are misleading. For a more digestible overview, try looking at a single state, such as Massachusetts. The Massachusetts Secretary of State’s Census 2020, Explained: How It Works and What’s at Stake for Massachusetts has a section on the Census’s funding impact, which correctly notes that some programs “may hardly be affected at all by Census counts.”

These details of the Census’s funding impact tie back to a question we’re getting a lot: Does the way people in prison are counted in the Census impact any particular area’s funding?

The Census Bureau counts incarcerated people at the location of the prison rather than as residents of their home addresses. This demonstrably skews a variety of statistical data for prison-hosting communities. And of course, it creates distorted population counts for determining representation in local and state legislative bodies, resulting in prison gerrymandering. But it does not draw in federal or state funding for the community hosting the prison.

Nine states have passed laws ending prison gerrymandering — adjusting their redistricting data to count incarcerated people at home rather than at the location of the prison — and none of these laws will impact funding distributions based on Census counts. New York and Maryland implemented their laws before the 2010 Census, and have not seen any impact to their formula funding. That makes sense, because no funding formula relies on redistricting data.

One of the most common arguments against prison gerrymandering reform is the fear among prison-hosting communities that they will lose out on funding, which they believe is based on the incarcerated population being counted in the prison town. This misunderstanding of how federal and state funds are allocated shouldn’t hold up reform any longer.

Virginia legislature passes law ending prison gerrymandering

The new law makes Virginia the third state this year, and the ninth state in total, to end the practice known as prison gerrymandering.

April 27, 2020

For immediate release — Last week, Virginia passed Senate Bill 717 and its identical House bill, HB 1255, which ensure that people in state prisons will be counted as residents of their home addresses when new legislative districts are drawn. The new law makes Virginia the ninth state to end the practice known as prison gerrymandering, after Colorado and New Jersey passed their own laws earlier this year. Over 30% of US residents now live in a state, county, or municipality that has ended prison gerrymandering.

The Virginia Constitution states that, for the purposes of voting, people in prison remain residents of their hometowns. However, the Census Bureau counts incarcerated people as residents of the places where they are incarcerated. As a result, when Virginia used Census counts to draw past legislative districts, it unintentionally enhanced the representation of people living in districts containing prisons.

“Virginia’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 Virginia voters a fairer data set on which future districts will be drawn.”

In 2013, Virginia passed House Bill 1339, which ended a state requirement that had forced some local governments to engage in prison gerrymandering. HB 1339 lifted limitations on which counties, cities, and municipalities could exclude incarcerated populations for redistricting purposes. The new law passed last week builds on this progress by explicitly requiring Virginia state and local redistricting officials to count incarcerated people as residents of their home addresses.

Virginia is also considering a constitutional amendment, reforming the state’s redistricting process, that contains similar provisions ending prison gerrymandering. The amendment will be on the ballot for voters to approve in the fall. However, now that SB 717 and HB 1255 have passed, the success or failure of this constitutional amendment will not change how Virginia counts incarcerated people during redistricting.

Over 10 other states introduced legislation to end prison gerrymandering in the current legislative session. “We applaud Virginia for enacting reforms that will allow it to draw fairer state legislative districts,” Kajstura said. “Other states currently considering similar bills will need to act swiftly to ensure that reforms can be implemented for the upcoming redistricting cycle, but unfortunately many states have needed to end their legislative sessions early because of the coronavirus pandemic.”

Virginia’s new law applies only to redistricting, and will not affect federal or state funding distributions.