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4 Colum. J. Race & L. 205 (2013)
The Numbers Matter: An Update to the Implementation of New York's Prison Gerrymandering Law

handle is hein.journals/cjoral4 and id is 205 raw text is: COLUMBIA JOURNAL OF RACE AND LAW THE NUMBERS MATTER: AN UPDATE TO THE IMPLEMENTATION OF NEW YORK'S PRISON GERRYMANDERING LAW DEVON GALLOWAY* To combat the rise of Prison-Based Genymandering the New York State Assemby 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 genymandering, the law excludes from reapportionment prisoners who cannot provide a known address. This Note argues that New York has provided no legaljustification for excluding prisoners from reapportionment, ejpecially 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. I. INTRODUCTION ..................................... ...... 206 II. BACKGROUND ............................................ 208 A. Reapportionment and the Rise of One Person, One Vote ........................................... 208 1. Districting Before Baker v. Carr & One Person, One Vote ..................................... 208 2. Baker v. Carr and One Person, One Vote ............ 209 3. Reynolds, Karcher, and Gaffney: One Person, One Vote to the States ............. ............... 210 B. Issues with the Census Bureau's Counting of Prisoners ............... 212 1. Counting Prisoners ................................ 212 *J.D. 2014, Columbia Law School; B.A. 2010, Columbia University. The author would like to thank his family & friends, without whom none of his successes would have been possible; and the staff of the ColumbiajournalofRace & Law for their invaluable revisions and patience. 2014 205

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