Academic Commons

Articles

The Numbers Matter: An Update to the Implementation of New York's Prison Gerrymandering Law

Galloway, Devon

To combat the rise of “Prison-Based Gerrymandering”, the New York State Assembly enacted a law requiring prisoners to be counted in their “home” districts. These laws changed the Census Bureau’s “usual residence rule”, which required the Bureau to count prisoners in their places of incarceration. While the law has been a firm step forward to combat prison gerrymandering, the law excludes from reapportionment prisoners who cannot provide a known address. This Note argues that New York has provided no legal justification for excluding prisoners from reapportionment, especially given the fact that there are many in similar situations who are counted. The Note also proposes some solutions to make sure that other states passing these reforms are not excluding prisoners from the census count for unwarranted reasons.

Geographic Areas

Files

Also Published In

Title
Columbia Journal of Race and Law

More About This Work

Academic Units
Law
Published Here
March 13, 2015
Academic Commons provides global access to research and scholarship produced at Columbia University, Barnard College, Teachers College, Union Theological Seminary and Jewish Theological Seminary. Academic Commons is managed by the Columbia University Libraries.