OLYMPIA, Wash. - The recent release of detailed Census data means states can begin drawing up new voting maps. In Washington state, a new law will change the way prison populations are counted.
The measure relocates people who are incarcerated away from the places where they're imprisoned back to their home addresses.
Wanda Bertram, communication strategist with the Prison Policy Initiative, said it's inappropriate to count incarcerated people as residents of their prison cells.
"For one thing because they don't consider themselves to be members of the community almost all the time," said Bertram. "And most people in prison within a few years are actually going to leave the district, either to be transferred to a different prison or to go back to their own hometowns. "
The Washington state measure ending what some call "prison gerrymandering" passed in 2019.
Bertram noted that the law applies only when the state is drawing state district lines, not to local governments such as cities and school boards when they're drawing lines.
The end of prison gerrymandering will affect a number of communities, such as Monroe which is about 30 miles outside of Seattle and home to the Monroe Correctional Complex. Bertram said the prison population there is about 12% of the overall population.
In Connell, a town in the southeast part of the state near Kennewick, the share is even greater at about 44% of the population. But Bertram said counting these folks as part of these communities distorts the map.
"At the level of society overall," said Bertram, "we don't want this transference of political power away from the communities most impacted by mass incarceration and towards the communities where prisons happen to be located."
She said prison gerrymandering shows one way mass incarceration has impacts beyond the people in prison.
Bertram noted that some neighborhoods - especially those home to people of color - are policed at higher rates, and when people who are incarcerated are not counted as part of those communities, it dilutes their political power.
"It actually holds back reform," said Bertram. "It eats away at the momentum for criminal justice reform. So this has real impacts on the law, has impacts on how resources are allocated, and I think that states and counties really can't fix this soon enough."
Washington is among 11 states that have ended prison gerrymandering.
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A new report found Texas likely undercounted the number of people who actually live in the state when gathering information for the 2020 census.
The census guides where federal money -- some $1.5 trillion -- is spent based on population. Texas was one of six states showing an undercount, while eight states showed an overcount.
Thomas Wolf, deputy director of the Democracy Program at the Brennan Center for Justice, said the new data will not change the population numbers used for Congressional reapportionment or redistricting, but can have a direct effect on people's well-being.
"If your state goes undercounted, there's a risk that you'll end up with less funding than you should for things like education, health care, food assistance, highways," Wolf outlined. "Basically, the whole infrastructure of your community and state."
Before the census, advocates warned of a significant undercount in the Latino population after the Trump administration tried to add a question about citizenship to the census. Although the question eventually was excluded, experts say it could have triggered lower response rates from Latinos.
California, the most populous U.S. state, did not have a significant population undercount in the census, but Wolf noted it also spent $187 million in supplemental census outreach, while Texas declined to spend any money on outreach.
"The decision itself, regardless of the motivation, is sort of penny wise/pound-foolish," Wolf remarked. "Yes, you save money from not investing in census outreach, but what you get in return is an undercount that then deprives you of millions of federal dollars."
According to the Urban Institute, if the residents of Texas had been counted accurately in 2020, the state would have received at least $247 million more in 2021 federal Medicaid reimbursements. Other states among the top six likely undercounting their population include Arkansas, Florida, Illinois, Mississippi and Tennessee.
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A new report found the 2020 census significantly undercounted the Latino population nationwide, by almost 5%, more than three times the undercount from the 2010 census.
By establishing population data, the census guides where federal dollars are spent.
Thomas Saenz, president of the Mexican American Legal Defense and Educational Fund, said the undercount could mean less money for dozens of programs benefiting children and young adults in Nevada, including Medicaid and food assistance.
"The federal funding implicates things like education, child care services, transportation, parks and health care," Saenz outlined. "There isn't really a federal program or even state and local decision-making that is not going to be affected by an undercount in the census."
An analysis from the Urban Institute last winter projected an undercount of more than 20,000 people of all races statewide, including a slight overcount of white residents and a net undercount of 2.19% for Hispanics living in Nevada.
Before the census, advocates warned of a significant undercount in the Latino population after the Trump administration tried to add a question about citizenship to the census.
Saenz believes the move was designed to trigger lower response rates, specifically from the Latino community.
"And even though many of those efforts were stopped in court, the public attention to them clearly had an impact," Saenz observed. "That means that the Latino community will suffer as a result of that undercount over the course of the next decade."
The pandemic made it much harder to obtain an accurate count, because so many people had to move after losing their jobs. Children, particularly those from low-income families who tend to be renters, have traditionally been the hardest for census-takers to count.
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Wisconsin is pushing ahead with a Republican-drawn legislative redistricting plan, after a ruling Friday by the state Supreme Court held the GOP maps were the most race-neutral option.
The state high court previously chose Democratic Gov. Tony Evers' legislative maps, but the decision was overturned by the U.S. Supreme Court, which held the state court did not provide enough justification a new Black-majority assembly district called for in Evers' plan was necessary.
Mel Barnes, staff attorney for the legal firm Law Forward, argued in a discussion hosted by the Wisconsin Fair Maps Coalition Monday the Republican maps violate the Voting Rights Act, opening them up to further potential litigation.
"The purpose of legislation like this, that grew out of the civil rights movement and was a triumph that people around this country organized for and pushed for, was to make sure that we weren't drawing districts in a way that diluted these votes," Barnes asserted.
Under the GOP plan, Milwaukee County will now have five Assembly districts with a majority of Black voters, down from the current six and Evers' planned seven. The U.S. Supreme Court left in place the governor's congressional redistricting plan. Evers issued a statement Friday, writing the ruling was outrageous and "an unconscionable miscarriage of justice."
Republicans would have kept their majorities in the Senate and Assembly under Evers' maps, although to a lesser degree than in the new GOP-drawn maps, which put them a few assembly seats shy of a veto-proof legislative majority.
Sachin Chheda, director of the Fair Elections Project, pointed out Evers' maps were already based on lines drawn by Republicans in 2011, as a previous state Supreme Court ruling held new voting maps should be based as much as possible on the current ones.
"So that meant that every option was going to be a gerrymandered map," Chheda contended. "It was just how gerrymandered was it going to be?"
Voting-rights advocates argue Wisconsin's 2011 maps were among the most gerrymandered in the nation. The plan was also challenged to the U.S. Supreme Court, which tossed out the case in 2019 in 2019, arguing it did not have the authority to consider partisan gerrymandering claims. Barring future legal challenges, the new maps will be in place until 2031.
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