Legal Defense Fund Applauds Legislation Ending Prison-Based Gerrymandering in New York and California

Time to end it in Connecticut!

The NAACP Legal Defense and Educational Fund, Inc. (LDF) congratulates the New York State Senate for passing legislation to end prison-based gerrymandering in New York. Their courageous decision will bring New York's election districting process in line with basic principles of democracy, and will serve as a model for other states in the effort to count incarcerated populations correctly in the next round of redistricting.

Until now, New York counted prison populations during the election redistricting process as most states do: by counting them where they are incarcerated, a practice known as "prison-based gerrymandering." Prison-based gerrymandering violates the principle of one person, one vote enshrined in the Fourteenth Amendment to the United States Constitution, which requires that election districts be roughly equal in size, so that elected officials each represent the same number of constituents.

Prison-based gerrymandering artificially inflates population numbers – and thus, political influence – in districts where prisons are located, at the expense of all other districts. With approximately 60,000 incarcerated persons in New York State, the proper counting of incarcerated individuals is critical to ensuring fair representation throughout the state.

African Americans living in New York are incarcerated at a rate that is more than eight times higher than that of whites. African Americans and Latinos are 30% of the state's population, but over 70% of its prisoners. 98% of New York's prison cells, however, are located in disproportionately white State Senate districts.

"Because incarcerated persons in the United States are disproportionately African Americans and other people of color, the current counting of incarcerated persons at their place of incarceration, rather than at their pre-arrest residence, severely weakens the voting strength of entire communities of color. Ending prison-based gerrymandering in New York will enable state and local officials to better fulfill their obligations under the federal Voting Rights Act," said John Payton, President and Director-Counsel of LDF.

New York—like nearly every other state—defines a person's domicile as a place where that person voluntarily resides. Article II, Section 4 of the New York Constitution makes clear that an incarcerated person retains the place of residence he or she had prior to arrest. This rule comports with common sense: incarcerated persons do not choose the districts where they are confined, and can be moved at any time at the discretion of the Department of Corrections Services. They have no opportunities to interact with or develop enduring ties to the surrounding communities. They cannot use local services such as parks or libraries. And, of course, incarcerated persons cannot vote in those communities. They are not "constituents" of those districts in any ordinary sense of the word.

By contrast, incarcerated persons remain legal residents at their pre-incarceration addresses. They maintain ties to the outside world through their families and other relationships in their home communities. At the end of their sentences, they are released to those communities. The average length of incarceration is less than three years, but the prison count remains in effect for a decade. By counting incarcerated residents of these communities elsewhere, prison-based gerrymandering deprives these districts of the proper level of political representation to which they are entitled.

LDF, the nation's oldest civil rights law firm, is committed to the full and equal participation of all persons in our democracy, and applauds the passage of this landmark legislation in New York, which follows similar bills in Maryland and Delaware earlier this year. "We urge Governor Paterson to sign this important legislation into law, and call on other states to enact similar legislation before the next redistricting cycle begins," said Dale Ho, Assistant Counsel in LDF Political Participation Group. "Moving forward, the Census Bureau should ease the burden on state and local governments by changing its enumeration methods to count prisoners in their home communities in the next decennial census."

e NAACP Legal Defense and Educational Fund, Inc. (LDF) applauds the California State Legislature for passing legislation to end prison-based gerrymandering in California, and Assembly Member Mike Davis, who sponsored the bill.
This new legislation will help bring California's redistricting process in line with basic principles of democracy, and will serve as a model for other states in the effort to count incarcerated populations correctly in the next round of redistricting. LDF consulted on the drafting of this legislation and advocated for its adoption.
During the current redistricting cycle, California counted prisoners where they are incarcerated, a practice known as "prison-based gerrymandering." Prison-based gerrymandering artificially inflates population numbers – and thus, political influence – in districts where prisons are located, at the expense of all other districts. This practice violates the principle of "one person, one vote" enshrined in the Fourteenth Amendment to the United States Constitution, which requires that election districts be roughly equal in size, so that elected officials each represent the same number of constituents.

With approximately 140,000 incarcerated persons in California, the proper counting of incarcerated individuals is critical to ensuring fair representation throughout the state.

"Because California's incarcerated persons are disproportionately people of color, with African-Americans and Latinos comprising 70 percent of the state's prisoners but only 40 percent of its overall population, the current counting of incarcerated persons at their place of incarceration, rather than at their pre-arrest residence, severely weakens the voting strength of entire communities of color," said John Payton, LDF President and Director-Counsel. "Fortunately, California took an important step in the right direction in curing this problematic practice."

"We urge Governor Brown to sign this legislation into law, and to encourage other states to enact similar legislation before the next redistricting cycle begins," said Dale Ho, Assistant Counsel in LDF's Political Participation Group. "Moving forward, the Census Bureau should ease the burden on state and local governments by changing its enumeration methods to count prisoners in their home communities in the next decennial census."

Monday Sing-along, advance posting! Goodnight Irene

Well, Hurricane Irene has passed.  "Goodnight Irene, I'll see you in my dreams."

This is the way I learned the song in the early 60s, from Pete Seeger on Mt. Tamalpais in Northern California. He came to sing for us at a campground every year. One of the gentlest men in the world. It was a privilege to sit at his feet while he sang.

Just. Like. This.


Thank you, Mr. Seeger. (sorry, can't find that film he is showing at the end)

The original, Huddie Ledbetter - "Leadbelly":



Aw heck, while we're at it, the delicious voice of Mississippi John Hurt:

My Other Blogs

In the last week alone I have posted on each of the following blogs, often multiple times, in addition to this one:

Jonathan Kantrowitz

Renaissance Faires

Education Research Report

Health News Report

Archaeology News Report

Venture Capital Report

Hedge Fund News Reporter

American Mating Habits

Dental News Report

Weight Control

Egyptian Archaeology Review

Complementary and Alternative Medicine

91st year of the 19th Amendment

Celebrating 91 Years of the Power of the Vote

Press release from the LEAGUE OF WOMEN VOTERS OF CT, enhanced with highlights and images, followed by a link.

Women’s Equality Day on August 26 will mark the 91st anniversary of the constitutional amendment that granted women the right to vote.  The League of Women Voters of Connecticut will celebrate this major landmark by looking ahead to the work League members will do in the upcoming months to engage more citizens in the electoral process.

“An engaged citizenry can lead to civic improvement at all levels of government.  Women’s Equality Day is a celebration of such a basic part of our democratic process — the right to vote — and the opportunities to channel that power into real, lasting change, starting at the grassroots level – not just for women but for all of us,” said Cheryl Dunson, LWVCT President.  “Our foremothers understood that if you don’t vote, you don’t count.  League members are continuously working to get more citizens to exercise their right to vote, to ensure that there are not barriers for individuals to exercise this fundamental right, and that every vote is counted.”

During the upcoming months, members of Connecticut’s 28 Leagues, comprising more than 1800 men and women, will be working to encourage greater participation in this year’s local elections to be held on Tuesday, November 8.  Among the many activities planned are voter registration in high schools and at community sites, candidate forums and debates, Voters’ Guides, get-out-the-vote rallies, and ongoing educational efforts.

To learn about the League of Women Voters, visit the LWVCT website at www.lwvct.org, or call (203)861-7335.  And most importantly, don’t forget to vote … remember, if you don’t vote, you don’t count!

1890 Dixwell Avenue, Suite 203, Hamden, CT 06514-3183

Phone (203) 288-7996   Fax (203) 288-7998   e-mail lwvct@lwvct.org   Web site www.lwvct.org

On September 14, 1920 Connecticut was the 37th state (out of 48 at the time) to ratify the 19th Amendment -- 15 months after Wisconsin, Illinois, and Michigan (June 10, 1919)

"ICYMI Thursday": Child Support in Connecticut

from ATTORNEY GENERAL GEORGE JEPSEN

ATTORNEY GENERAL: CHILD SUPPORT COLLECTION EFFORTS BENEFIT CONNECTICUT FAMILIES IN NEED

HARTFORD – While the economy is pushing more children into poverty, state child support collection efforts brought in more than $300 million last fiscal year to help thousands of children in families in need, Attorney General George Jepsen said today.

“Most of the money brought in goes to custodial parents. Our efforts on behalf of dependent children help to pay the rent, keep the lights on and put food on the table. The needs are real and we work very hard to help. The state is doing a great job with the limited resources available,” Attorney General Jepsen said.
[...]
2011 KIDS COUNT report by the Annie E. Casey Foundation showed that [...] in 2009 [...] more than 86,000 children in Connecticut were living in families with income below the federal poverty level of $21,756 for a family of four.

The Attorney General’s Child Support/ Collections Unit completed nearly 9,000 cases in the fiscal year and more than 15,000 cases are pending.

Jepsen recognized the work of all the attorneys and staff within the Child Support/ Collections Unit, led by Assistant Attorney General Sean Kehoe, the department head.

For full press release, Click here for pdf 

Jordan Pierson - 5 years and Forever

Marine Corporal Jordan C. Pierson of Milford, 21, died Aug. 25, 2006 from hostile gunfire while on a foot patrol, in Fallujah, Al Anbar Province, Iraq. 

All of Milford stands with his parents, Beverley and Eric Pierson, and his brother Ethan, in remembrance.