Prison-Based Gerrymandering (H 7400, S 2310)

The ACLU testified in support of legislation to rectify the issue of prison gerrymandering and require all prisoners to be counted, for voting purposes only, at their last known address.

When it comes to drawing new voting districts, any individuals incarcerated at the ACI in Cranston on the day the Census worker comes through are recorded as living on Howard Avenue at the prison, including individuals awaiting trial or serving misdemeanor sentences who are still allowed to vote -- but from the address of their prior residence, not the ACI. As a result, Cranston is overrepresented in the General Assembly, while the districts from where the prisoners hail are underrepresented. Under the current plan, approximately 15% of House District 20 is comprised of voters who cannot vote in Cranston. (In May, a federal judge sided with the ACLU in litigation about prison-based gerrymandering at the local level, as 25% of Ward 6 in Cranston is comprised of prisoners.) In February, the ACLU testified before the House Judiciary committee in support of legislation to rectify this disparity and require all prisoners to be counted, for voting purposes only, at their last known address. In April, the Senate Judiciary committee approved companion legislation. The full Senate has passed the legislation for the last two years. This year, the legislation was approved by the Senate Judiciary committee, but did not receive a floor vote. The House did not act on the bill at all.