Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Ending prison gerrymandering is mainly justice for people on the outside

Prison
SPmemory/Getty Images
Miller is on the staff of the Bridge Alliance, a coalition of more than 100 civic engagement and democracy reform groups. (The Bridge Alliance Education Fund is a funder of The Fulcrum.)

The turmoil that coronavirus has exacerbated is shining a spotlight on such previously under-discussed topics as race, inequality and the criminal justice system. Yet at least one critical source of systemic inequality is still not getting attention: the fundamentally unfair practice of prison gerrymandering.

Only nine states have done away with this practice. There is still a little time for more to join them before all the nation's political lines are redrawn for the coming decade, the comprehensive redistricting that will start next year when population count details from the census are reported.

There are several clear but troubling aspects to the prison population. First, it is disproportionately people of color. Two years ago 56 percent of the people incarcerated were Black or Hispanic, with Black men six times more likely and Hispanic men almost three times as likely to be behind bars as white men.

Prisoners of all kinds also earn much less prior to imprisonment than their non-incarcerated counterparts, and they suffer from high rates of coronavirus, mental illness, addiction problems and histories of abuse.

Clearly, addressing all the needs of these disadvantaged people is hindered by the fact that they have very limited political influence. Or do they?

More than 2 million Americans are behind bars, yet their political influence continues to haunt the legislative districts where they are incarcerated. These "ghost" constituents are a product of prison gerrymandering.

Prison gerrymandering is when incarcerated people are counted, for redistricting purposes, as residents of the area where they are being housed instead of where they lived prior to prison. This inflates the populations of the mainly rural towns and counties where the prisons are, increasing their political influence. But incarcerated people are rarely viewed as genuine constituents by the elected officials who benefited from this mapmaking trickery.

The Census Bureau has counted inmates as prison residents since 1850 and now legitimizes prison gerrymandering through its "usual residence" rule, which says people should be counted where they live and sleep most of the time. But this rarely helps the mostly urban areas that incarcerated people call home. It skews data on household income, poverty and other socioeconomic measurements, generally making the cities look a bit wealthier than they actually are — and making places with prisons look more impoverished than they actually are.

Correcting this is important now, because otherwise the allocation of more than $600 billion in federal funding over the next decade will be unfairly askew.

If prisoners were counted in their hometowns, those places would get more aid targeted to low-income communities — money that might help them emerge from multi-generational stretches of high incarceration as well as poverty.

At the same time, communities with prisons are also suffering. When the decline in farming and manufacturing spread economic stress across rural America in the 1980s, building penitentiaries looked like an economic lifeline. It has not turned out that way.

Locals did not get construction jobs because they lacked the right skills and union cards. Correction officers were brought in from miles away. Low-skill jobs that had been filled by locals got handed instead to prisoners making 40 cents an hour. And other companies decided they did not want to put their factories or call centers next to prisons.

So who are the beneficiaries of prison gerrymandering? Rural legislators, more than anyone.

They have had the power to draw lines embracing their most loyal constituents on the outside, perpetuating themselves in office without much responsibility for addressing the needs of their temporary constituents on the inside. (They do note, however, that the status quo allows them to more easily fight for funds to keep roads and services moving toward the prisons.)

There's little doubt that power and partisanship play a larger role than many admit in keeping things as they are. As a general rule, city lawmakers are as reliably Democratic as rural legislators are lopsidedly Republican, and politicians in both parties will almost always revert to opportunistic power-grabbing whenever the rules benefit them best.

Note how all the states that have ended prison gerrymandering are for now reliably blue: Virginia, Colorado and New Jersey did so this year, with Nevada and Washington last year and California, Delaware, Maryland and New York before that. Opportunities exist for purple and red states to join them open when legislatures convene in the new year.

Prison gerrymandering is one way of taking power from one disadvantaged community and giving it to another disadvantaged community. Prisons haven't revitalized rural America, incarcerated people are being told they officially live in places where they have no political voice, and urban communities are being deprived of political power and critical resources.

Perhaps this unfairness is perpetuated because prisoners get branded as undeserving. Taking away their voice is a reinforcement of their disempowerment — a reminder they can't have a voice, either back home or where they are behind bars. Whatever the fate of the debate about the political rights of prisoners, we should also debate whether it's right to deprive their home communities. There is no doubt that criminals should pay their debt to society, but the payment of that debt has nothing to do with the process of prison gerrymandering.

It is time that we recognize this injustice for what it is — a perpetuation of systemic dysfunction.


Read More

Political Corruption Is Often Not a Voting Issue in America

electoral fraud/voter apathy/totalitarism

Getty Images - digitally generated image

Political Corruption Is Often Not a Voting Issue in America

Almost every week, there seems to be another story about the pay-to-play ethos that is dominant in Donald Trump’s Washington, DC. On July 30, the Wall Street Journal added a new one to the list.

The Journal described the president’s fervent interest in fundraising and how he checks almost nightly with his top fundraiser, Meredith O’Rourke, to find out “which companies and donors have cut checks and which haven’t, and for how much.” The story highlighted the way she channels his interest into making her pitch.

Keep ReadingShow less
As Temperatures Rise and Federal Funding Falls, Drowning Risks Grow
a group of kids in a pool
Photo by Kevin Paes on Unsplash

As Temperatures Rise and Federal Funding Falls, Drowning Risks Grow

July 25 marked World Drowning Day. More than 4000 people die from unintentional drowning in the United States each year. This translates into an average of 11 drowning deaths per day. Children ages one to four are at greatest risk, making drowning the leading cause of death for that group and the second leading cause of death for children ages five to 14.

Two emerging trends could make those numbers worse: federal funding cuts that have weakened drowning prevention efforts and hotter summers that are driving more people to water to cool off. Together, these trends threaten to deepen long-standing disparities that already place Black, Indigenous, autistic, and low-income communities at greater risk.

Keep ReadingShow less
U.S. Capitol with a flag waving in front of it.

As Washington stalls, young bipartisan lawmakers in Alaska, Mississippi, and beyond are proving that cross-partisan collaboration still wins.

Douglas Rissing/Getty Images

The Politicians Who Can Fix America's Polarization Problem Will Win

Political predictions are notoriously unreliable, but here is one I am willing to stand behind: the elected officials who figure out how to govern across difference will dominate the next decade of American politics. With dysfunction and paralysis having become the status quo in Washington, elected officials who work together to get things done will turn heads, offering desperate voters a much-needed alternative to a broken system.

Consider what happened in Alaska last year. The state’s lawmaking structure does not encourage political independence. Alaska has the nation's highest veto-override threshold: three-quarters. So when a popular education bill promising smaller class sizes, a cellphone ban, and vocational training funding cleared the legislature, only to be vetoed twice by the governor, it looked dead in the water.

Keep ReadingShow less
A crowd of people at a military base with President Trump speaking in front of them.

U.S. President Donald Trump speaks during a visit to the Fort Bragg U.S. Army base on February 13, 2026 in Fort Bragg, North Carolina.

Nathan Howard/Getty Images

Reagan’s Strength vs. Trump’s Retreat: U.S. Alliances at Risk

How a country treats its allies and its adversaries says everything about what it believes strength means — a question that was already on my mind the night I sat in a movie theater watching "The Brink of War" when news broke.

The film reconstructs the 1986 Reykjavik summit, where President Ronald Reagan and General Secretary of the Communist Party of the Soviet Union Mikhail Gorbachev spent a tense weekend negotiating over the fate of the world's nuclear arsenals.

Keep ReadingShow less