Prison Law Blog

Sara Mayeux

Posts Tagged ‘maryland

Delaware Becomes Second State to Address Prison-based Gerrymandering

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Delaware’s Senate and House have passed legislation that would count prisoners at home for redistricting purposes. Now, the signature of Governor Jack Markell is the only remaining step to turn Delaware’s HB384 into law. Delaware will become, after Maryland, the second state in the nation to address the democracy-distorting practice of using prison populations to artificially inflate electoral districts. The Delaware law only applies to redistricting, and will not affect state or federal funding allocations.

From the Prisoners of the Census blog:

“Delaware’s legislation recognizes that prison-based gerrymandering is a problem of fairness in redistricting. All districts — some far more than others — send people to prison, but only some districts have large prisons. Counting incarcerated people as residents of the prison distorts the principle of one person, one vote, and we applaud the Delaware General Assembly for enacting this common-sense solution,” said Peter Wagner, Executive Director of the Prison Policy Initiative.

The problem is national as well. One state assembly district in New York includes 7% prisoners; a state house district in Texas includes 12% prisoners; and 15% of one Montana state house district consists of prisoners imported from other parts of the state. Prison-based gerrymandering was not a serious problem when the prison population was tiny, but the 2010 Census will find five times as many people in prison as it did just three decades ago.

Written by sara

July 7, 2010 at 2:28 pm

Legislative Districting: Maryland Will Be First State in the Nation to Count Prisoners at Home

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Kudos to the Maryland legislature for showing national leadership on this important issue! From the Prison Policy Initiative:

April 13, 2010 – Today, Governor Martin O’Malley signed into law a bill ensuring that incarcerated persons will be counted as residents of their home addresses when new state and local legislative districts are drawn in Maryland.

The U.S. Census counts incarcerated people as residents of the prison location. When state and local government bodies use Census counts to draw legislative districts, they unintentionally enhance the weight of a vote cast in districts that contain prisons at the expense of all other districts in the state. Maryland is the first state to pledge to collect the home addresses of incarcerated people and correct the data state-wide.

The new law will help Maryland correct past distortions in representation caused by counting incarcerated persons as residents of prisons…

Written by sara

April 13, 2010 at 11:12 am

Census Bureau to States: Count Prisoners Where You Want

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The U.S. Census Bureau has agreed to release 2010 population data in a way that will give states the option of whether or not to count prisoners as residents of the county where they’re incarcerated. Although it’s too late for prisoners to be counted at their home addresses in the 2010 Census, this announcement paves at least some of the way for reforms being urged by civil rights groups around the country to eliminate the practice of so-called “prison gerrymandering.” The New York Times reports:

A number of states — including Florida, Illinois, Maryland, New York and Wisconsin — are weighing legislation requiring that prisoners be counted at their last known address — for purposes of reapportionment, a change that would likely favor larger and mostly Democratic cities.

In New York, the change could prove pivotal because of the see-saw fight for control of the State Senate and the fact that the state faces the loss of at least one Congressional seat after the 2010 census.

“Most people in prison in America are urban and African-American or Latino,” Representative William Lacy Clay, a Missouri Democrat who is chairman of the census subcommittee, wrote the bureau, but the 2010 census “will again be counting incarcerated people as residents of the rural, predominantly white communities that contain prisons.”

Other groups that have lobbied for the change include the Brennan Center for Justice at New York University Law School, the NAACP Legal Defense and Education Fund Inc. and Demos, a research and advocacy organization.

The New York Times editorialized its approval of the Census change here; I previously blogged about the issue here.

Written by sara

February 11, 2010 at 2:01 pm

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