Sponsored by:
Senator SANDRA B. CUNNINGHAM
District 31 (Hudson)
SYNOPSIS
Requires incarcerated individual from State to be counted at residential address for municipal, county, and congressional redistricting purposes.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring the counting of an incarcerated individual at the individual’s residential address for municipal, county, and congressional redistricting purposes and supplementing P.L.2019, c.385 (C.52:4-1.1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Upon reporting the data determined under section 4 of P.L.2019, c.385 (C.52:4-1.4) to the members of the Apportionment Commission pursuant to section 5 of P.L.2019, c.385 (C.52:4-1.5), the Secretary of State shall also report the same to the members of the New Jersey Redistricting Commission established under Article II, Section II, paragraphs 1 through 9 of the New Jersey Constitution and P.L.1991, c.510 (C.19:46-6 et seq.) for the establishment of congressional districts; to the members of each county district commission for the establishment of the county districts under section 121 of P.L.1972, c.154 (C.40:41A-121); and to the members of each ward commission for the establishment of the municipal wards under section 7 of P.L.1981, c.496 (C.40:44-15).
b. Notwithstanding the provisions of any law, rule, or regulation to the contrary, the data prepared by the secretary under section 4 of P.L.2019, c.385 (C.52:4-1.4), together with data provided by the bureau pursuant to Pub.L.94-171 (13 U.S.C. s.141), shall be the basis of the congressional districts established by the New Jersey Redistricting Commission, of county districts established by each county district commission, and of municipal wards established by each municipal ward commission. To the greatest extent practicable, congressional districts, county districts, and municipal wards shall be drawn so as to meet equal population requirements calculated under both data sets. Residences at unknown geographic locations within the State described in section 4 of P.L.2019, c.385 (C.52:4-1.4) shall not be used to determine the ideal population of any set of districts or wards.
2. This act shall take effect immediately.
STATEMENT
Under current law, the New Jersey Department of Corrections and each agency that operates a federal facility in this State that incarcerates persons convicted of a criminal offense are required to collect and maintain an electronic record of the residential address of each individual entering their custody. That information is provided to the Secretary of State, who uses that data to adjust the federal decennial census data by reallocating the incarcerated population from the location of the correctional facility as reported by the United States Bureau of the Census to that person’s residential address on record. The current law requires the secretary to report the adjusted data to the Apportionment Commission for drawing the State’s legislative districts.
This bill expands the current law to require that incarcerated individuals from the State be counted at their residential address on record for municipal, county, and congressional redistricting purposes. Under the bill, the Secretary of State would report the same adjusted data to the members of the New Jersey Redistricting Commission for the establishment of congressional districts; to the members of each county district commission for the establishment of the county districts in such counties electing members of the governing body from districts; and to the members of each ward commission for the establishment of the municipal wards in such municipalities electing members of the governing body from wards. The adjusted data would be the basis for drawing such districts.
As under current law, the bill provides that, to the greatest extent practicable, congressional districts, county districts, and municipal wards must be drawn so as to meet equal population requirements calculated under both the adjusted and non-adjusted datasets, and residences at unknown geographic locations within the State would not be used to determine the ideal population of any set of districts or wards.