Pa. state lawmakers want inmates counted as local residents

State legislators from Luzerne County said Friday they don’t have a problem with counting Pennsylvania state inmates as residents of the legislative districts where they are incarcerated.

A lawsuit filed Thursday seeks to end the practice, claiming it violates a constitutional requirement that elections be free and equal.

“For many of these folks their home address is a prison,” Toohil said in an email response to a request seeking comment. “They may not have another address, and many of these criminals have lost voting rights. It is an interesting concept that they would like to be counted as residing at their last known address, which may not be an option and is certainly not always reflective of their current situation.”

Toohil noted state inmates impact sewer systems, water systems and regional economies.

“Many of them reside there for over 10 years,” she added.

The lawsuit was filed by three former inmates, a woman who lives in Philadelphia, the NAACP and related organizations, and others. It argues that the practice unfairly distorts political power and should be stopped when new districts are drawn after this year’s census.

“In my view, prisoners serving multi-year sentences in state institutions provide sufficient evidence the prison is their usual residence, and therefore they should be counted in the census of the prison’s location,” state Rep. Mike Carroll, D-118, Avoca, said in an email. “There are many instances of people having various residential settings, and the determination of usual residence has been the standard for determining the location where a person is counted.”

Luzerne County has two state correctional institutions — SCI-Retreat and SCI-Dallas. The state is planning to close SCI-Retreat.

The defendants named in the lawsuit are the state of Pennsylvania, Democratic Gov. Tom Wolf and Secretary of State Kathy Boockvar. An administration spokesman declined comment Thursday, but Wolf has previously said he believes prisoners should be counted at their home or last known address for district-drawing purposes.

“Given our ever dwindling prison population under the so-called leadership of Gov. Tom Wolf and Corrections Secretary John Wetzel, the impact of ‘prison-based gerrymandering’ is inconsequential when compared to the rampant, partisan redistricting that occurs following each census,” state Rep. Gerald Mullery, D-119, said in an email.

Mullery noted he supports legislation to create an independent commission for both congressional and legislative redistricting. Legislative districts are currently chosen by a five-member panel consisting of appointees chosen by the Republican and Democratic leaders of the House and Senate, as well as a fifth member, usually selected by the state Supreme Court.

The lawsuit said state inmates may not vote in their prison’s districts and do not form community ties or access constituent services there.