Directs the state board of elections to obtain residential data on incarcerated persons to be used in creating congressional, senate, assembly, and county districts

17 Co-sponsors

• Neil D. Breslin
• Ruben Diaz
• Martin Malavé Dilan
• Thomas K. Duane
• Pedro Espada Jr.
• Ruth Hassell-Thompson
• Liz Krueger
• Velmanette Montgomery
• George Onorato
• Suzi Oppenheimer
• Kevin S. Parker
• John L. Sampson
• Diane J. Savino
• José M. Serrano
• Daniel L. Squadron
• Toby Ann Stavisky
• Antoine M. Thompson

Title of bill

An act to amend the election law, in relation to the residential classification of certain incarcerated persons

Purpose

This legislation would direct the State Board of Elections to obtain residential data on incarcerated persons and would require that residential data to be used in creating Congressional, Assembly, Senate and County Legislative Districts.

Summary of provisions

Section 1: Legislative Findings

Section 2: Amends the election law by adding a new section 3-112 creating the Prisoner Census Adjustment. This section would require state agencies and local governments that operate facilities for incarcerated individuals, including mental health facilities, as well as other private facilities that may incarcerate persons convicted of a criminal offense to submit a report to the State Board of Elections containing the following information:

1. The name each person incarcerated in a facility operated by the state agency, governmental entity, or in a private facility on behalf of the state agency or governmental entity on the date for which the census reports population, who completed a census form, responded to a census inquiry or was included in any report to census officials if such information indicated that the person resided at the facility on that date.

2. The age, sex and race of each person included in the report.

3. The last address at which the person resided before the person's current incarceration. The State Board of Election would then collect such data and prepare and disseminate adjusted populations counts for each geographic unit included in the census counts no later than the next September first following the date on which population counts are released for New York State by the Bureau of the Census. The Legislative Task Force on Demographic Research and Reapportionment would be required to utilize the information compiled by the Board of Elections in the creation of Congressional, Assembly, Senate and County Legislative Districts.

Section 3: Effective Date

Justification

Article II, Section 4 of the New York State Constitution states that "no person shall be deemed to have gained or lost a residence... while confined to any public prison." Under this clause, the current practice of classifying incarcerated persons as residents of their place of incarceration, rather than residents of their place of residence prior to incarceration, is in fact unconstitutional. The current procedures of the U.S. Census Bureau make it difficult for the Board of Elections and the Legislative Task Force on Demographic Research and Reapportionment to adhere to this section of the State Constitution. Current census records used by the Board of Elections and the "Task Force" count incarcerated persons as residents of the facility in which they are incarcerated.

This bill seeks to solve this problem and to bring current census practices in New York State back in line with the State Constitution. It does so by requiring the State Board of Elections to prepare and disseminate adjusted population counts based on information from government agencies and incarceration facilities for each geographic unit included in the census counts. Those adjusted population counts will reflect the residence of incarcerated persons as their last residence prior to incarceration. All such information provided by the Board of Elections must be utilized by the "Task Force" in the drawing of any district boundaries.

Legislative history

2008 - Referred to Elections 2007 - Referred to Elections

Fiscal implications

Minimal administrative costs to be determined.

Effective date

This act shall take effect immediately.