Originally Published: October 23, 2014
Citizens Union is pleased to hear that Attorney General Eric Schneiderman believes that Prop 1 – the proposed constitutional amendment that bans legislative maps drawn for political advantage – does not change the state’s law banning prison-based gerrymandering. In a Capital article, the Attorney General’s spokesperson said on his behalf, “that nothing in the proposed ballot initiative would change…the legal requirement that prisoners to be counted as residents of their last home address for the purpose of redistricting, as opposed to counting them in the districts where they’re incarcerated.”
Like the Attorney General, Citizens Union knows that the law – requiring prisoners be counted in their last known residence for the purpose of redistricting and not in the location where they are incarcerated – remains in effect for the next redistricting cycle regardless of who draws the maps. This needed information will need to be turned over to whatever redistricting entity is responsible to ensure fairness on this issue. Opponents’ claim to the contrary has been disavowed by the state’s chief law enforcement official.