An Act Regarding Incarcerated Individuals and Legislative Apportionment
Maine Legislature, Session 131, LD 1704
Committee: Criminal Justice and Public Safety
Sponsors: TALBOT ROSS, PLUECKER, STOVER, NANGLE
Amends: 21-A MRSA §1208

Legislative Document
No. 1704
H.P. 1093
House of Representatives, April 18, 2023
An Act Regarding Incarcerated Individuals and Legislative 
Apportionment
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Speaker TALBOT ROSS of Portland.
Cosponsored by Representatives: PLUECKER of Warren, STOVER of Boothbay, Senator: 
NANGLE of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §1208 is enacted to read:
§1208.  Incarcerated persons
1.  Definition.  For the purposes of this section, "residence" has the same meaning as 
described in section 112, subsection 1.
2.  Counting incarcerated persons for apportionment.  A person for whom the 
Federal Decennial Census provides an address that is a place of incarceration in this State 
must be counted for apportionment under this chapter as follows.
A.  If the records of the Department of Corrections show the person has a residence 
address in this State immediately prior to incarceration, that address must be considered 
that person's residence for purposes of apportionment.
B.  If the records of the Department of Corrections do not show the person's residence 
address immediately prior to incarceration, or show a residence address immediately 
prior to incarceration that is not within this State, that person may not be counted for 
apportionment under this chapter.
3.  Department of Corrections to provide data.  Notwithstanding any provision of 
law respecting confidentiality to the contrary, the Department of Corrections shall provide 
to the Legislative Apportionment Commission the preincarceration residence address and 
other demographic data of persons who are incarcerated as of 12:01 a.m. on the date of the 
most recent Federal Decennial Census.  This data must include but is not limited to the last 
known complete preincarceration street address of the person, the person's race, whether 
the person is of Hispanic or Latino origin and whether the person is 18 years of age or 
older. The department shall provide this data within 15 days of the first meeting of the 
commission.  The data provided by the department is not a public record and the 
commission shall institute measures to safeguard its confidentiality and to ensure its 
safekeeping upon conclusion of the commission's work.
4.  Construction.  This section may not be construed to affect the population count in 
any geographical area for any purposes other than apportionment.
SUMMARY
This bill provides that if records of the Department of Corrections show an incarcerated 
person's residence address in this State immediately prior to incarceration, that address 
must be considered that person's residence for purposes of apportionment of the State into 
voting districts.  If the records of the department do not show the person's residence address 
immediately prior to incarceration, or show a residence address immediately prior to 
incarceration not in this State, that person may not be counted for purposes of 
apportionment.  The bill requires the department to provide certain demographic data to 
the Legislative Apportionment Commission.