[EL] Evenwel question

Tue Aug 4 11:05:33 PDT 2015

FYI - Maryland actually deleted about 1300 people from their state count....people whose last known residence was out of state.

Jason Torchinsky

Sent from my mobile device. Please excuse any typos.

On Aug 4, 2015, at 2:01 PM, Justin Levitt <levittj at lls.edu<mailto:levittj at lls.edu>> wrote:

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> http://www.prisonersofthecensus.org/solutions.html#states

Their research indicates that a number of local jurisdictions simply disregard prison population.

 - Jason

--

Jason Torchinsky

From: <<mailto:law-election-bounces at department-lists.uci.edu>law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>> on behalf of Marty Lederman <<mailto:lederman.marty at gmail.com>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: "<mailto:law-election at UCI.edu>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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