[EL] Evenwel question

[Justin Levitt]

I'm not aware of any (and would also like to know, if others have 
answered Marty's question off-list).  Kansas and Hawaii adjust census 
counts to exclude nonresidents (whether old or young, citizens or not), 
and North Dakota's constitution seems to provide for a basis other than 
total population, but the ND legislature has, in statute, consistently 
interpreted the law to _mean_ total population.  I've got a list of 
state constitutional provisions and caselaw construing the apportionment 
base (all total population), if it's useful -- just ask off-list.  
That's part of why I'd love to know if there's any state doing it 
differently.

To Jason's point, the states that adjust for prison population all 
attempt to adjust _where_ incarcerated people are counted, not _whether_ 
they're counted.  (I'm not claiming he said anything different.)  That's 
generally only logistically plausible at the state level, which is why 
the localities he mentioned have taken the halfway steps that they've 
taken.  (A local county with a prison can't adjust the population in 
some other county, to account for where the incarcerated individuals 
should be counted.)

Justin

On 8/4/2015 10:33 AM, Marty Lederman wrote:
> Thanks.  Do any states exclude aliens and/or minors for either state 
> or federal election districts?
>
> On Tue, Aug 4, 2015 at 1:29 PM, Jason Torchinsky 
> <jtorchinsky at hvjlaw.com <mailto:jtorchinsky at hvjlaw.com>> wrote:
>
>     A handful of states adjust from the U.S. Census numbers for prison
>     population.  See here:
>     http://www.prisonersofthecensus.org/solutions.html#states
>
>     Their research indicates that a number of local jurisdictions
>     simply disregard prison population.
>
>      - Jason
>
>     -- 
>
>     Jason Torchinsky
>
>
>     From: <law-election-bounces at department-lists.uci.edu
>     <mailto:law-election-bounces at department-lists.uci.edu>> on behalf
>     of Marty Lederman <lederman.marty at gmail.com
>     <mailto:lederman.marty at gmail.com>>
>     Date: Tuesday, August 4, 2015 at 12:55 PM
>     To: Rick Hasen <rhasen at law.uci.edu <mailto:rhasen at law.uci.edu>>
>     Cc: "law-election at UCI.edu <mailto:law-election at UCI.edu>"
>     <law-election at uci.edu <mailto:law-election at uci.edu>>
>     Subject: [EL] Evenwel question
>
>     I apologize if the answer to this is somewhere in the pleadings,
>     but I haven't run across it and was hoping some of you would know:
>
>     How many, if any, states currently use anything /other than/ total
>     population (census #s) to draw roughly equal districts for
>     election to state office? To draw congressional districts?  Has
>     the practice changed at all over the past half-century, since
>     /Wesberry///Reynolds///Burns/?
>
>     Thanks in advance.
>
>
>
>
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