Skip to content
Search

Latest Stories

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

“It’s Probably as Bad as It Can Get”:
A Conversation with Lilliana Mason

Liliana Mason

“It’s Probably as Bad as It Can Get”: A Conversation with Lilliana Mason

In the aftermath of the killing of conservative activist Charlie Kirk, the threat of political violence has become a topic of urgent concern in the United States. While public support for political violence remains low—according to Sean Westwood of the Polarization Research Lab, fewer than 2 percent of Americans believe that political murder is acceptable—even isolated incidence of political violence can have a corrosive effect.

According to political scientist Lilliana Mason, political violence amounts to a rejection of democracy. “If a person has used violence to achieve a political goal, then they’ve given up on the democratic process,” says Mason, “Instead, they’re trying to use force to affect government.”

Keep ReadingShow less
We Need To Rethink the Way We Prevent Sexual Violence Against Children

We Need To Rethink the Way We Prevent Sexual Violence Against Children

November 20 marks World Children’s Day, marking the adoption of the United Nations’ Convention on the Rights of the Child. While great strides have been made in many areas, we are failing one of the declaration’s key provisions: to “protect the child from all forms of sexual exploitation and sexual abuse.”

Sexual violence against children is a public health crisis that keeps escalating, thanks in no small part to the internet, with hundreds of millions of children falling victim to online sexual violence annually. Addressing sexual violence against children only once it materializes is not enough, nor does it respect the rights of the child to be protected from violence. We need to reframe the way we think about child protection and start preventing sexual violence against children holistically.

Keep ReadingShow less
People waving US flags

A deep look at what “American values” truly mean, contrasting liberal, conservative, and MAGA interpretations through the lens of the Declaration and Constitution.

LeoPatrizi/Getty Images

What Are American Values?

There are fundamental differences between liberals and conservatives—and certainly MAGA adherents—on what are “American values.”

But for both liberal and conservative pundits, the term connotes something larger than us, grounding, permanent—of lasting meaning. Because the values of people change as the times change, as the culture changes, and as the political temperament changes. The results of current polls are the values of the moment, not "American values."

Keep ReadingShow less
Voting Rights Are Back on Trial...Again

Vote here sign

Caitlin Wilson/AFP via Getty Images

Voting Rights Are Back on Trial...Again

Last month, one of the most consequential cases before the Supreme Court began. Six white Justices, two Black and one Latina took the bench for arguments in Louisiana v. Callais. Addressing a core principle of the Voting Rights Act of 1965: representation. The Court is asked to consider if prohibiting the creation of voting districts that intentionally dilute Black and Brown voting power in turn violates the Equal Protection Clause of the 14th and 15th Amendments.

For some, it may be difficult to believe that we’re revisiting this question in 2025. But in truth, the path to voting has been complex since the founding of this country; especially when you template race over the ballot box. America has grappled with the voting question since the end of the Civil War. Through amendments, Congress dropped the term “property” when describing millions of Black Americans now freed from their plantation; then later clarified that we were not only human beings but also Americans before realizing the right to vote could not be assumed in this country. Still, nearly a century would pass before President Lyndon B Johnson signed the Voting Rights Act of 1965 ensuring voting was accessible, free and fair.

Keep ReadingShow less