Menus Subscribe Search

Prison-Based Gerrymandering Dilutes Blacks’ Voting Power

• June 03, 2010 • 3:53 PM

A new report concludes some majority-black legislative districts are penalized because of the way the census bureau counts their imprisoned residents.

Sixty-six percent of the inmates in the state of New York come from New York City. But 91 percent of them are incarcerated upstate, in communities where they have long been counted by the U.S. census.

On paper, this means prisoners belong not to the communities from which they’ve come (and to which they eventually will return), but to places where they can neither vote, check out a library book or attend a local school.

The counting quirk sounds like a quandary for demographers. But it also means, come gerrymandering time, that many urban black communities look smaller than they actually are, a disproportionate number of their residents having been counted in the rural areas that are home to penitentiaries.

Most states redraw political districts every 10 years using census data, and so this counting practice has the effect of increasing the political power of anyone who lives near a prison, while decreasing the power of the communities where prisoners legally reside.

Critics disdainfully call the practice “prison-based gerrymandering.”

During the 2000 census, 43,000 New York City residents were counted upstate in this way. Remove them, and seven state senate districts would not have met minimum population requirements and would have had to be redrawn, setting off a chain reaction throughout the state, according to a report released this week by the NAACP Legal Defense Fund.

This counting method “artificially inflates the population count — and thus, the political influence — of the districts where prisons and jails are located,” wrote the authors of the report, “Captive Constituents: Prison-Based Gerrymandering & The Distortion of Our Democracy.” “At the same time,” they add, “this practice reduces the political power of everyone else. The viability of our communities, integrity of our democracy and basic principles of equality suffer as a result.”

[class name="dont_print_this"]

Idea Lobby

THE IDEA LOBBY
Miller-McCune's Washington correspondent Emily Badger follows the ideas informing, explaining and influencing government, from the local think tank circuit to academic research that shapes D.C. policy from afar.

[/class]

African-Americans comprise 12.7 percent of the U.S. population. But because they make up 41.3 percent of the federal and state prison population, this type of gerrymandering disproportionately affects black communities. Prisons are also often located in rural areas — non-metropolitan America houses 20 percent of the national population, but 60 percent of new prison construction, according to the report — further distorting political muscle.

“It is all too reminiscent,” the report says, “of the infamous ‘three-fifths compromise,’ whereby enslaved and disfranchised African Americans were counted to inflate the number of constituents – and thus, the political influence – of Southern states before the Civil War.”

The report also cites the Iowa town of Anamosa, which was divided in 2002 into four city council wards of about 1,370 people each. One ward, however, was home to a state penitentiary with 1,320 inmates. In effect, the district held only about 50 true constituents who had the same political representation as wards 45 times as large — a violation of the spirit of the Supreme Court’s “one person, one vote” apportionment principle.

The census counts some other groups similarly: College students are recorded in their dorm rooms, not their parents’ homes, and military personnel are counted on base, not at their permanent residence. But both are integrated into the community — and can use its public services – in a way prisoners are not.

In total, about 2 million prisoners in the country are counted this way — enough people, according to the NAACP, to qualify by themselves for five votes in the Electoral College. And in 173 counties nationwide, the report adds, “half of the purported African-American population are not true residents, but are actually prisoners imported from elsewhere.”

The problem has grown with the rate of incarceration (the NAACP partly blames the “war on drugs”), and the Census Bureau for the first time this year is becoming attuned to it. The bureau will provide prisoner data to states following this spring’s decennial census in time for officials to use it in their 2010 redistricting. And this April, Maryland became the first state to pass legislation requiring redistricting officials to count inmates at their actual homes, using the new census data to identify them. Delaware is poised to follow next.

Some argue it doesn’t matter where we count inmates, because most states don’t let them vote. But the census counts everyone — including non-voting illegal immigrants and children — and we apportion political districts by total population, not just voting residents.

The NAACP points to the two states that do permit inmates to vote: Maine and Vermont. Both send prisoners absentee ballots from their home communities, a common-sense sign of where their political muscle would most logically be exercised.

Emily Badger
Emily Badger is a freelance writer living in the Washington, D.C. area who has contributed to The New York Times, International Herald Tribune and The Christian Science Monitor. She previously covered college sports for the Orlando Sentinel and lived and reported in France.

More From Emily Badger

A weekly roundup of the best of Pacific Standard and PSmag.com, delivered straight to your inbox.

Recent Posts

July 29 • 4:00 PM

Are Children Seeking Refuge Turning More Americans Against Undocumented Immigrants?

A look at Pew Research Center survey data collected in February and July of this year.


July 29 • 2:00 PM

Under Water: The EPA’s Ongoing Struggle to Combat Pollution

Frustration and inaction color efforts to enforce the Clean Water Act.


July 29 • 12:40 PM

America’s Streams Are Awash With Pesticides Banned in Europe

You may have never heard of clothianidin, but it’s probably in your local river.


July 29 • 12:00 PM

Mining Your Genetic Data for Profit: The Dark Side of Biobanking

One woman’s personal story raises deep questions about the stark limits of current controls in a nascent industry at the very edge of the frontier of humans and technology.


July 29 • 11:23 AM

Where Should You Go to College?


July 29 • 10:29 AM

How Textbooks Have Changed the Face of War

War is more personal, less glorious, and more hellish in modern textbooks than in the past. But there’s still room for improvement.


July 29 • 10:00 AM

The Monolingual American: Why Are Those Outside of the U.S. Encouraging It?

If you are an American trying to learn German in a large German town or city, you will mostly hear English in return, even when you give sprechen your best shot.


July 29 • 8:00 AM

The Elusive Link Between Casinos and Crime

With a study of the impact of Philadelphia’s SugarHouse Casino, a heated debate gets fresh ammunition.


July 29 • 6:00 AM

What Are the Benefits of Locking Yourself in a Tank and Floating in Room-Temperature Saltwater?

After three sessions in an isolation tank, the answer’s still not quite clear.


July 29 • 4:00 AM

Harry Potter and the Battle Against Bigotry

Kids who identify with the hero of J.K. Rowling’s popular fantasy novels hold more open-minded attitudes toward immigrants and gays.


July 29 • 2:00 AM

Geographic Scale and Talent Migration: Washington, D.C.’s New Silver Line

Around the country, suburbs are fighting with the urban core over jobs and employees.


July 28 • 4:00 PM

Border Fences Make Unequal Neighbors and Enforce Social Inequality

What would it look like if you combined Israel, the West Bank, and Gaza, demographically speaking? What about the United States and Guatemala?


July 28 • 2:00 PM

Are Patient Privacy Laws Being Misused to Protect Medical Centers?

A 1996 law known as HIPAA has been cited to scold a mom taking a picture of her son in a hospital, to keep information away from police investigating a possible rape at a nursing home, and to threaten VA whistleblowers.


July 28 • 12:00 PM

Does Internet Addiction Excuse the Death of an Infant?

In Love Child, documentary filmmaker Valerie Veatch explores how virtual worlds encourage us to erase the boundary between digital and real, no matter the consequences.


July 28 • 11:11 AM

NASA Could Build Entire Spacecrafts in Space Using 3-D Printers

This year NASA will experiment with 3-D printing small objects in space. That could mark the beginning of a gravity-free manufacturing revolution.


July 28 • 10:00 AM

Hell Isn’t for Real

You may have seen pictures of the massive crater in Siberia. It unfortunately—or fortunately—does not lead to the netherworld.


July 28 • 8:00 AM

Why Isn’t Obama More Popular?

It takes a while for people to notice that things are going well, particularly when they’ve been bad for so long.


July 28 • 7:45 AM

The Most Popular Ways to Share Good and Bad Personal News

Researchers rank the popularity of all of the different methods we have for telling people about our lives, from Facebook to face-to-face.


July 28 • 6:00 AM

Hams Without Ends and Cats Tied to Trees: How We Create Traditions With Dubious Origins

Does it really matter if the reason for why you give money to newlyweds is based on a skewed version of a story your parents once told you?


July 28 • 4:00 AM

A Belief in ‘Oneness’ Is Equated With Pro-Environment Behavior

New research finds a link between concern for the environment and belief in the concept of universal interconnectedness.


July 25 • 4:00 PM

Flying Blind: The View From 30,000 Feet Puts Everything in Perspective

Next time you find yourself in an airplane, consider keeping your phone turned off and the window open.


July 25 • 2:00 PM

Trophy Scarves: Race, Gender, and the Woman-as-Prop Trope

Social inequality unapologetically laid bare.


July 25 • 1:51 PM

Confusing Population Change With Migration

A lot of population change is baked into a region from migration that happened decades ago.


July 25 • 1:37 PM

Do Not Tell Your Kids That Eating Vegetables Will Make Them Stronger

Instead, hand them over in silence. Or, market them as the most delicious snack known to mankind.



Follow us


Subscribe Now

America’s Streams Are Awash With Pesticides Banned in Europe

You may have never heard of clothianidin, but it's probably in your local river.

How Textbooks Have Changed the Face of War

War is more personal, less glorious, and more hellish in modern textbooks than in the past. But there’s still room for improvement.

NASA Could Build Entire Spacecrafts in Space Using 3-D Printers

This year NASA will experiment with 3-D printing small objects in space. That could mark the beginning of a gravity-free manufacturing revolution.

The Most Popular Ways to Share Good and Bad Personal News

Researchers rank the popularity of all of the different methods we have for telling people about our lives, from Facebook to face-to-face.

Do Not Tell Your Kids That Eating Vegetables Will Make Them Stronger

Instead, hand them over in silence. Or, market them as the most delicious snack known to mankind.

The Big One

One in two full-time American fast-food workers' families are enrolled in public assistance programs, at a cost of $7 billion per year. July/August 2014

Copyright © 2014 by Pacific Standard and The Miller-McCune Center for Research, Media, and Public Policy. All Rights Reserved.