New York Ends Prison-Based Redistricting

New York's state legislature, which ranks among the nation's most
dysfunctional, finally passed a budget Tuesday night, a mere four months late. And, in a surprising move, they included a controversial provision to change the way populations are counted for the purposes of redistricting.

Previously, New York counted prisoners as residents of the district in which their prison is located. But with the state's prison population having increased dramatically over the past few decades, as prison populations have across the country, this began to create an imbalance.

Prisoners, who are disproportionately men of color, were drawn from overwhelmingly Democratic New York City and relocated in largely white, rural Republican districts upstate.

Earlier this year, Maryland, which faced similar issues, became the first state to address the problem by changing the law so that prisoners will be counted at their last address for the purposes of redistricting. Naturally, upstate Republicans from prison-heavy districts in the almost evenly split New York State Senate were opposed to the idea, making passage seem unlikely.

But, in a legislative tactic so well worn it has become almost clichéd, state Senate Democrats tucked the provision into the budget bill. Republicans are complaining that it wasn't debated as a stand-alone measure, but Gov. David Paterson is sure to sign it.

It will be interesting to see if any other states follow New York's lead, as the question of distorting effects of prison-based redistricting are prevalent in large states throughout the country.