Subject: Re: [EL] New York Re-Redistricting on Deck?
From: Justin Levitt
Date: 11/10/2010, 3:34 PM
To: "election-law@mailman.lls.edu" <election-law@mailman.lls.edu>

I spoke about exactly this with Peter Wagner, of the Prison Policy Initiative that Sean just mentioned, here

(Upshot: I think there's a way to account for individuals with addresses that can't be identified -- just like military personnel who are overseas on Census Day are presently accounted for -- without any constitutional concern.)

Justin

On 11/10/2010 1:33 PM, Douglas Johnson wrote:
Doesn't the decision to simply not count persons (federal prisoners whose
home address is in NY, state prisoners whose home addresses cannot be
identified) present a 14th amendment problem?

- Doug

Douglas Johnson
Fellow
Rose Institute of State and Local Government
Claremont McKenna College
o 909-621-8159
m 310-200-2058
douglas.johnson@cmc.edu
www.RoseReport.org



-----Original Message-----
From: election-law-bounces@mailman.lls.edu
[mailto:election-law-bounces@mailman.lls.edu] On Behalf Of Jeff Wice
Sent: Wednesday, November 10, 2010 12:27 PM
To: Margaret Groarke; election-law-bounces@mailman.lls.edu; Michael McDonald
Cc: election-law@mailman.lls.edu
Subject: Re: [EL] New York Re-Redistricting on Deck?

The NY prisoners law would geocode state prisoners to a legal home of record
if one exists, consistent wth PL 94-171 formatting. Those without
identifiable addresses would not be counted for state legislative
redistricting. Federal prisoners (and this is a low number) are not counted
for state legislative redistricting.

Legislative staffers are currently going through the preparatory
implementation stages.

Jeff Wice
Sent from my Verizon Wireless BlackBerry

-----Original Message-----
From: Margaret Groarke <margaret.groarke@manhattan.edu>
Sender: election-law-bounces@mailman.lls.edu
Date: Wed, 10 Nov 2010 15:00:44 
To: Michael McDonald<mmcdon@gmu.edu>
Cc: <election-law@mailman.lls.edu>
Subject: Re: [EL] New York Re-Redistricting on Deck?

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-- 
Justin Levitt
Associate Professor of Law
Loyola Law School | Los Angeles
919 Albany St.
Los Angeles, CA  90015
213-736-7417
justin.levitt@lls.edu
ssrn.com/author=698321