Menus Subscribe Search

Follow us


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

December 20 • 10:28 AM

Flare-Ups

Are my emotions making me ill?


December 19 • 4:00 PM

How a Drug Policy Reform Organization Thinks of the Children

This valuable, newly updated resource for parents is based in the real world.


December 19 • 2:00 PM

Where Did the Ouija Board Come From?

It wasn’t just a toy.


December 19 • 12:00 PM

Social Scientists Can Do More to Eradicate Racial Oppression

Using our knowledge of social systems, all social scientists—black or white, race scholar or not—have an opportunity to challenge white privilege.


December 19 • 10:17 AM

How Scientists Contribute to Bad Science Reporting

By not taking university press officers and research press releases seriously, scientists are often complicit in the media falsehoods they so often deride.


December 19 • 10:00 AM

Pentecostalism in West Africa: A Boon or Barrier to Disease?

How has Ghana stayed Ebola-free despite being at high risk for infection? A look at their American-style Pentecostalism, a religion that threatens to do more harm than good.


December 19 • 8:00 AM

Don’t Text and Drive—Especially If You’re Old

A new study shows that texting while driving becomes even more dangerous with age.


December 19 • 6:12 AM

All That ‘Call of Duty’ With Your Friends Has Not Made You a More Violent Person

But all that solo Call of Duty has.


December 19 • 4:00 AM

Food for Thought: WIC Works

New research finds participation in the federal WIC program, which subsidizes healthy foods for young children, is linked with stronger cognitive development and higher test scores.


December 18 • 4:00 PM

How I Navigated Life as a Newly Sober Mom

Saying “no” to my kids was harder than saying “no” to alcohol. But for their sake and mine, I had to learn to put myself first sometimes.


December 18 • 2:00 PM

Women in Apocalyptic Fiction Shaving Their Armpits

Because our interest in realism apparently only goes so far.


December 18 • 12:00 PM

The Paradox of Choice, 10 Years Later

Paul Hiebert talks to psychologist Barry Schwartz about how modern trends—social media, FOMO, customer review sites—fit in with arguments he made a decade ago in his highly influential book, The Paradox of Choice: Why More Is Less.


December 18 • 10:00 AM

What It’s Like to Spend a Few Hours in the Church of Scientology

Wrestling with thetans, attempting to unlock a memory bank, and a personality test seemingly aimed at people with depression. This is Scientology’s “dissemination drill” for potential new members.


December 18 • 8:00 AM

Gendering #BlackLivesMatter: A Feminist Perspective

Black men are stereotyped as violent, while black women are rendered invisible. Here’s why the gendering of black lives matters.


December 18 • 7:06 AM

Apparently You Can Bring Your Religion to Work

New research says offices that encourage talk of religion actually make for happier workplaces.


December 18 • 6:00 AM

The Very Weak and Complicated Links Between Mental Illness and Gun Violence

Vanderbilt University’s Jonathan Metzl and Kenneth MacLeish address our anxieties and correct our assumptions.


December 18 • 4:00 AM

Should Movies Be Rated RD for Reckless Driving?

A new study finds a link between watching films featuring reckless driving and engaging in similar behavior years later.


December 17 • 4:00 PM

How to Run a Drug Dealing Network in Prison

People tend not to hear about the prison drug dealing operations that succeed. Substance.com asks a veteran of the game to explain his system.


December 17 • 2:00 PM

Gender Segregation of Toys Is on the Rise

Charting the use of “toys for boys” and “toys for girls” in American English.


December 17 • 12:41 PM

Why the College Football Playoff Is Terrible But Better Than Before

The sample size is still embarrassingly small, but at least there’s less room for the availability cascade.


December 17 • 11:06 AM

Canadian Kids Have a Serious Smoking Problem

Bootleg cigarette sales could be leading Canadian teens to more serious drugs, a recent study finds.


December 17 • 10:37 AM

A Public Lynching in Sproul Plaza

When photographs of lynching victims showed up on a hallowed site of democracy in action, a provocation was issued—but to whom, by whom, and why?


December 17 • 8:00 AM

What Was the Job?

This was the year the job broke, the year we accepted a re-interpretation of its fundamental bargain and bought in to the push to get us to all work for ourselves rather than each other.


December 17 • 6:00 AM

White Kids Will Be Kids

Even the “good” kids—bound for college, upwardly mobile—sometimes break the law. The difference? They don’t have much to fear. A professor of race and social movements reflects on her teenage years and faces some uncomfortable realities.



Follow us


Don’t Text and Drive—Especially If You’re Old

A new study shows that texting while driving becomes even more dangerous with age.

Apparently You Can Bring Your Religion to Work

New research says offices that encourage talk of religion actually make for happier workplaces.

Canadian Kids Have a Serious Smoking Problem

Bootleg cigarette sales could be leading Canadian teens to more serious drugs, a recent study finds.

The Hidden Psychology of the Home Ref

That old myth of home field bias isn’t a myth at all; it’s a statistical fact.

The Big One

One in two United States senators and two in five House members who left office between 1998 and 2004 became lobbyists. November/December 2014

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