Inflated Districts

Michelle Alexander looks at specific policies that have lead to greater incarceration rates in our nation and have exacerbated racial injustice in her book The New Jim Crow. One of the policies Alexander criticizes is the policy surrounding political representation of incarcerated individuals. After Alexander addresses the reality that our nation locks up minority black and brown men at rates far higher than white men, she addresses questions of voting and districting. Below, Alexander explains how incarcerated individuals are counted by the Census Bureau,

“Under the usual-residence rule, the Census Bureau counts imprisoned individuals as residents of the jurisdiction in which they are incarcerated. Because most new prison construction occurs in predominately white, rural areas, white communities benefit from inflated population totals at the expense of the urban, overwhelmingly minority communities from which the prisoners come. This has enormous consequences for the redistricting process. White rural communities that house prisons wind up with more people in state legislatures representing them, while poor communities of color lose representatives because it appears their population has declined. This policy is disturbingly reminiscent of the three-fifths clause in the original Constitution, which enhanced the political clout of slaveholding states by including 60% of slaves in the population base for calculating Congressional seats and electoral votes, even though they could not vote.”

The presidential election of 2016 showed a powerful split in political preferences between rural and urban parts of the country. Metropolitan areas heavily favored the Democratic candidate, Hilary Clinton, and rural areas overwhelmingly favored Donald Trump from the Republican party. Diving deeper into state politics and representation, we see the same phenomenon play out with state representatives. In my home state of Nevada, the two major population centers, the Las Vegas metropolitan statistical area (MSA) and the Reno MSA, vote democratic while the rural parts of the state vote republican. What the policy that Alexander discusses means is that the MSAs in my state end up loosing seats relative to the rural districts and counties because of the way we count individuals. While Nevada may be dominated by the two million Las Vegas MSA inhabitants and the half million Reno MSA inhabitants, the state likely does see a shift in political representation away from the urban centers toward the rural counties that house the state’s prisons.

It is unlikely that the rural representatives of those prisons favor policies that help improve the neighborhoods and living conditions in the urban communities our prisoners come from. Disturbingly, it is unlikely that our rural representatives favor a reduction in incarceration rates at all since their constituents likely rely on the prison for employment.

It is hard to determine residence and people in prison may be homeless, but nevertheless, we do have the ability today to better analyze and record where our individuals lived prior to being arrested and where they plan to return once released. How we choose count individuals who have short sentences versus life sentences is further in the weeds of the issue, but can be impactful when considering prison populations and the communities that house such prisons. Our nation’s constitution checks urban power by over-representing rural communities in congress, and many state constitutions follow the same suit. Emphasizing this distinction however, and providing greater clout to rural districts that house prisons may encourage a backlash against anti-incarceration movements and may make it less likely that the poor and over policied communities from which our prison population derives, is represented and able to advocate for changes that will improve their lives.

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