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Court Raises Question About Census Counts of Prisoners

by TChris

TalkLeft has repeatedly (e.g., here, here, and here) called attention to the Census Bureau's unfair practice of counting prisoners as residents of the counties in which the prisons that house them are situated. The practice boosts the population counts of the rural areas in which the prisons are located, which boosts their representation in Congress and state legislatures, and increases their share of government spending. Rural areas tend to vote Republican, so Republicans have little incentive to change the system.

The good news is that courts may be willing to remedy the problem, even if legislators fail to act.

[L]ast week, a federal appeals court in New York hinted that counting prisoners as upstaters might illegally dilute the voting rights of downstaters.

If that legal argument is pursued and upheld, the political implications could be profound. Republicans now have a four-seat margin in the [state] Senate. A shift in only a few seats could give the Democrats, who already control the Assembly, a majority in the Senate, and with it, enormous power over legislative and Congressional redistricting.

The issue came up in passing in a lawsuit seeking to give prisoners the right to vote. While the United States Court of Appeals for the Second Circuit rejected that request, it did express interest in the argument that counting inmates upstate dilutes the voting power of minority groups in urban districts, and kicked that matter back to the District Court for consideration.

The case may provide a roadmap to future challenges.

The 8-to-5 appeals court decision opens a "small window," said Juan Cartegena, general counsel of the Community Service Society, which joined the appeal.

"It's an opening that we really don't know what to do with yet," he said.

Peter Wagner, executive director of the Prison Policy Initiative, a Massachusetts-based research and advocacy group, suggested that wherever the window leads, the mere mention by the court seems meaningful.

"I think it is a significant signal that the New York's reliance on bogus census counts of prisoners creates a serious problem for democracy," he said. "The court has given us a great opportunity."

Noting that the same appeals court also ruled that an inmate whose home was in California but is imprisoned in New York does not have standing to sue here, Mr. Wagner added: "He remains a resident of California, much like the 43,760 residents of New York City incarcerated upstate remain residents of New York City."

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    Re: Court Raises Question About Census Counts of P (none / 0) (#1)
    by Che's Lounge on Sat May 13, 2006 at 10:04:17 AM EST
    They are citizens of convenience. If it gets your district more influence, great. But as individuals, thay cannot vote, either in or out. I love the smell of democracy in the morning.

    Re: Court Raises Question About Census Counts of P (none / 0) (#2)
    by squeaky on Sat May 13, 2006 at 10:22:02 AM EST
    [L]ast week, a federal appeals court in New York hinted that counting prisoners as upstaters might illegally dilute the voting rights of downstaters.
    Exactly the intent. Just like the Republican failures of NOLA, and the gerymandering. It is a war on democrats. The gig is up, the curtain pulled away. Upcoming elections will show how much the public confidence has eroded when it comes to these war games. That is unless they start another war. Human instinct will take over, mob mentality will prevail and the dems will lose. Tricky evil bastar*s.

    Re: Court Raises Question About Census Counts of P (none / 0) (#3)
    by jimakaPPJ on Sat May 13, 2006 at 10:39:17 AM EST
    Does this also mean that NYC can't count illegal aliens? And that NYCers can't register to vote while snowbirding in FL?

    Re: Court Raises Question About Census Counts of P (none / 0) (#4)
    by jondee on Sat May 13, 2006 at 10:57:39 AM EST
    NYC (all 'em libril jews!), is the only place where they count illegals?

    I live in rural California, near Pelican Bay, amid a population more brown (many using tool sheds for bedrooms) than white. We still share one Democratic representative with most of the rest of Northern California.

    Re: Court Raises Question About Census Counts of P (none / 0) (#6)
    by jimakaPPJ on Sat May 13, 2006 at 05:50:36 PM EST
    Agent99 - Then, as Squeaky suggested to BB, either adapt to it or move. Jondee - Feel free to add any location that you desire.

    Re: Court Raises Question About Census Counts of P (none / 0) (#7)
    by Sailor on Sat May 13, 2006 at 05:54:01 PM EST
    nice hijack. Next!

    Uh, I'm just saying that the census counts everyone who lives here... I don't know about the prisoners at Pelican Bay... our county is dirt poor, and we don't seem to be taking any representation away from more densely populated areas. I might be forced to move because of the damn noise! I'm used to my nearest neighbor being a mile away. I don't care what color neighbors I have, as long as they're out of hearing and seeing distance. Plus, and I'm sounding darn California here, the energy from the prison is depressing. Don't even want to drive past it to get to town.