Texas Republicans use prison gerrymandering to boost GOP power

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One of the most alarming things about a recent Dallas Morning News analysis of how Texas’ state prison and jail populations factor into redistricting lies in a brief paragraph under the “corrections” section. The paper does a stunning job of illustrating how, by counting incarcerated people as residents of the prisons they’re detained in, Texas Republicans have been able to amass even more power. But it’s the last two sentences of this corrections paragraph that truly stand out: “Additionally, a previous version of this story stated that 29 House districts might need to be redrawn if prisoners were not counted. In fact, that number is 35; the corresponding chart has been updated accordingly.”

This correction and the Dallas Morning News’ ensuing report shows that over 23% of the state’s House districts are impacted by the way Texas counts those behind bars as voters. Incarcerated people make up less than 1% of Texas’ entire population, yet by counting them as residents at the places they’re locked up, lawmakers have fundamentally changed representation in the state. Incarcerated people account for 1 in 10 residents in 24 counties across the state, a majority of whom are represented by Republicans. Yet many are unable to vote and don’t plan on residing in the same area as where they’ve been incarcerated.

The state bars anyone convicted of a felony from casting a ballot while they are incarcerated, on parole, or on probation. Only once they’ve completed those terms will they be eligible to re-register to vote. That includes paying fines and fees tied to their incarceration. According to a 2019 study released by by Campaign Legal Center and Georgetown Law’s Civil Rights Clinic, unpaid fines and fees barred nearly 333,000 people from being able to vote in the 2016 election in Texas alone. Yet many areas with jails and prisons are reaping the benefits of a large population of incarcerated people despite their disenfranchisement.

The former mayor of Palestine, Texas, which is located in Anderson County, believes it’s only right that counties like his get something more out of their detainees. “They should be counted here. If Houston wants that fix, then build those [prison] units in Houston,” Steve Presley told the Dallas Morning News. Of the male state prisons located in Anderson County, more than 13,000 men are incarcerated, a majority of whom are either Black or Latino. Nearly half of Anderson County’s 11,430 Black residents are behind bars. This not only boosts the population of a rural area that has seen many residents move away but also boosts diversity. Incarcerated people alone make up 23% of Anderson County’s population.

So, what does that mean for redistricting? According to the Dallas Morning News, 46 of the 232 counties that voted for Trump in 2020 would shrink in population were incarcerated people not counted as residents, accounting for a loss of more than 104,000 people. If incarcerated people were to be counted as residents of where they actually live, Texas’ five largest counties would see a spike in population instead. Texas’ present redistricting maps dilutes power in metropolitan areas and boosts power in what the Dallas Morning News deemed “prison towns,” to say nothing of the way GOP lawmakers have disenfranchised voters of color. This has led to numerous lawsuits being filed against the state. An additional suit was filed last month on behalf of Damon James Wilson, who is incarcerated at William P. Clements Unit in Amarillo. In reality, he lives more than 350 miles away in Grand Prairie—and wants to be counted among the population at his home rather than where he’s being detained.

He’s not the only one hoping to dismantle Texas’ shameful practice of counting imprisoned people as residents based on where they’ve been incarcerated. State Rep. Jasmine Crockett told the Dallas Morning News she’s willing to fight prison gerrymandering not just in Texas but around the country. “I plan to pursue [this], federally,” Crockett said. “I don’t believe it should be a state-specific issue. It’s about doing things that are fair.” According to Prison Policy Initiative, just 11 states have ended prison gerrymandering. As alarming as Texas’ latest redistricting moves have been, it sadly isn’t the only state doing the wrong thing for those who are currently or have ever been incarcerated.