Prison Law Blog

Sara Mayeux

New York State Senators File Lawsuit to Bring Back Prison-based Gerrymandering

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Our friends at the Prison Policy Initiative worked tirelessly last year for a legislative end to prison-based gerrymandering in New York State. To put the problem in perspective, upstate New York has seven State Senate districts that would not meet minimum population requirements without claiming incarcerated people as residents. The good news is the legislation passed, but now a group of (surprise!) upstate state senators has filed suit seeking to block implementation.

Lead plaintiff, State Senator Betty Little, has 13 prisons in her district, housing over 10,000 prisoners, so no wonder she’s nervous at the prospect of redistricting without that artificial boost to her numbers. But as Peter Wagner of the Prison Policy Initiative points out, inflating State Senator Little’s district only dilutes the votes of everyone else in New York State:

“Senator Betty Little filed suit this week to revive a legal fiction, claiming that individuals imprisoned in her district are members of the local community and should be counted there when it comes to drawing state and local legislative districts. Senator Little’s attempt to inflate the population of her district with more than 10,000 incarcerated, non-voting residents from other parts of the state will dilute the votes cast in all other districts.”

Ramon Velasquez puts the issue in personal perspective at the Huffington Post:

What if I told you your vote counts more depending on where you live in New York? Should a resident of Wyoming or Cayuga County gets more say in who is elected than a resident of Brooklyn or the Bronx?

At 51, I voted for the first time in my life last fall after I was discharged from parole. Now that I’ve done my time, I expect my vote, or my neighbor’s, to count the same as any other vote cast in this state. A person living in a town with a prison, however, has more voting power than me or most other New Yorkers because of a practice called “prison-based gerrymandering.”

Of course, prison-based gerrymandering does dilute the vote of residents of Brooklyn and the Bronx, but it also dilutes the vote of Manhattan and Staten Island and Long Island, of parts of upstate New York that aren’t near a prison — basically, it dilutes the vote of anyone who doesn’t live in a district with a prison. The Prison Policy Initiative also has a round-up of news coverage and a copy of the senators’ complaint (PDF).

 

Written by sara

April 12, 2011 at 9:42 am

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