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March 26, 2023

The Chestertown Spy

An Educational News Source for Chestertown Maryland

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Md. General Assembly Overrides Gov. Hogan’s Veto of Congressional Redistricting Plan

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Heading into the special session this week, two congressional redistricting proposals were on the table: one put forward by Democratic legislative leaders’ Legislative Redistricting Advisory Commission, and another from Republican Gov. Lawrence J. Hogan Jr.’s Maryland Citizens Redistricting Commission.

On Monday, lawmakers advanced the Legislative Redistricting Advisory Commission (LRAC) proposal out of the House Rules and Executive Nominations Committee and didn’t move the Maryland Citizens Redistricting Commission (MCRC) redistricting plan forward.

On Tuesday, the House of Delegates approved the LRAC proposal following an unsuccessful attempt by Republicans to amend it by replacing its map with the map proposed by the MCRC.

On Wednesday, the Senate passed the LRAC redistricting plan after Republican senators made a similar attempt to amend it.

Gov. Lawrence J. Hogan Jr. (R) pushes a veto stamp onto the congressional redistricting proposal passed by the Democratic supermajority in the General Assembly. Photo by Danielle E. Gaines, Maryland Matters

On Thursday, Hogan vetoed the LRAC redistricting plan at a press conference at 2:15 p.m.

And the General Assembly swiftly overrode Hogan’s veto, roughly an hour and a half after he announced it. The House voted 96-41 in favor of an override, the Senate supported the move 32-14.

Hogan’s veto was not a surprise. The governor had promised to oppose any redistricting proposal that differed from the one put forward by his Maryland Citizens Redistricting Commission, a panel that included three Republicans, three Democrats and three unaffiliated voters. Hogan appointed the three co-chairs of that commission.

Democrats hold a veto-proof majority in both the House of Delegates and the state Senate. And they also overrode Hogan’s vetoes of several measures from the 2021 legislative session during the special session.

Senate President Bill Ferguson (D-Baltimore City) and House Speaker Adrienne A. Jones (D-Baltimore County) convened the Legislative Redistricting Advisory Commission, which they are members of.

The debate over Maryland’s congressional maps won’t end with the override votes. Fair Maps Maryland, an organization with ties to Hogan, announced plans for a lawsuit challenging the congressional redistricting plan just moments after the state Senate approved it Wednesday evening.

Hogan said he opted to veto the maps Thursday rather than waiting until the end of the legislative session to “allow the court process to begin.”

On Monday, U.S. Attorney General Merrick B. Garland announced a lawsuit challenging the Texas’ redistricting plan that the state’s Republican-led legislature approved in October. Garland charged that plan would disempower Black and Latino voters.

Hogan echoed Sen. Stephen S. Hershey (R-Middle Shore), who suggested on Wednesday that Garland should also scrutinize the Maryland General Assembly’s redistricting plan.

“He needs to take a look at exactly what we’re doing here in Maryland with respect to the same reason that he’s suing the state of Texas,” Hershey said Wednesday.

The LRAC map includes two majority Black districts — the 4th and the 7th — and creates a 5th Congressional District with a Black plurality for a total of three districts with a majority people of color.

In the current congressional map, the 4th and 7th are majority Black and the 5th has a white plurality. The Maryland Citizens Redistricting Commission map would have included one majority Black district and three additional districts with a majority people of color.

“These gerrymandered maps will be challenged in both the federal and the state courts,” Hogan said Thursday.

The congressional map adopted by the Legislative Redistricting Advisory Commission. Screenshot from the Maryland General Assembly website.

Democratic lawmakers have defended the LRAC congressional map. Senate President Pro Tem Melony G. Griffith (D-Prince George’s), a member of the LRAC, said during Wednesday’s floor debate that the commission was “very mindful” of complying with the Voting Rights Act.

“I’m confident that we have provided the opportunity for minority voters to vote for their preferred candidate, as we intended,” Griffith said.

While Republicans have highlighted the fact that the MCRC aimed to minimize county splits in its congressional redistricting proposal, Democratic lawmakers have said compactness is secondary to compliance with the Voting Rights Act and minimizing population variances.

The legislative panel also aimed to keep as many voters in current districts as possible while the MCRC opted to not consider existing districts at all when drawing up maps.

“Maryland’s geography is unique, and our population is varied,” Senate Majority Leader Nancy J. King (D-Montgomery) said Wednesday. “Taking all that into consideration, I am confident that this map is a fair one, and one that reflects the lived experience of Marylanders.”

Just one Democratic lawmaker in either the House of Delegates or the Senate voted to sustain Hogan’s veto: Del. Gabriel T. Acevero (D-Montgomery). Acevero said in an interview that “gerrymandering is wrong no matter the party.”

Acevero said that, despite his objections to the LRAC map, he didn’t find the Maryland Citizens Redistricting Commission map any better.

“The commission was pretty much chosen by Hogan,” Acevero said. “It’s not independent.”

Acevero said all lawmakers and Hogan should support the federal For The People Act, which would require nonpartisan redistricting commissions across the country. That legislation, sponsored by Maryland Rep. John P. Sarbanes (D), passed the U.S. House of Representatives earlier this year but has been blocked by Republicans in the Senate.

“What we need is both parties calling on the U.S. Senate to abolish or reform the filibuster and pass the Freedom to Vote Act, which does away with partisan redistricting,” Acevero said. “I believe in democracy and I think the democratic thing to do is for senators to do their job.”

Asked if he had received or worried about blowback from his fellow Democrats, Acevero replied, “Come on, man. I’m always going to do what I think is the right thing.”

The General Assembly isn’t done with redistricting, either: Lawmakers will tackle state legislative redistricting when they return for their regular session in January. As with congressional redistricting, lawmakers will weigh proposals from both the MCRC and the LRAC.

The LRAC hasn’t released a legislative redistricting proposal yet.

Like the MCRC’s congressional proposal, that panel’s legislative redistricting proposal received an “A” rating from the Princeton Gerrymandering Project, which scored the plan based on competitiveness, partisan fairness and geographic features. The LRAC congressional map received an “F” based on those criteria. Democratic lawmakers took issues with Princeton’s scoring system because it doesn’t factor in Voting Rights Act compliance.

Constitutionally, Hogan can’t veto the General Assembly’s legislative maps, but his proposed maps become law if the General Assembly doesn’t pick an alternative within the first half of the 2022 legislative session.

By Bennett Leckrone, Josh Kurtz, and Danielle E. Gaines

Hogan-Aligned Group Announces Plans for Lawsuit Against Just-Approved Congressional Redistricting Plan

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An organization with ties to Republican Gov. Lawrence J. Hogan Jr. announced Wednesday that it will seek to overturn the congressional redistricting plan approved by the Democratic supermajority in the General Assembly.

The announcement, from Fair Maps Maryland, came just moments after the state Senate followed the House of Delegates in voting to accept a map drawn by a legislative panel made up of four Democratic leaders, two Republican leaders and a non-voting former top staffer.

Under that map, crafted by Legislative Redistricting Advisory Committee (LRAC), Democrats would maintain electoral advantages in seven of the state’s eight congressional districts.

Many of those districts would be abstractly shaped, in keeping with the long practice of both parties to maximize the once-a-decade map-drawing process for maximum benefit.

The biggest changes from the state’s current congressional map involve the Eastern Shore-based 1st District, represented by Rep. Andrew P. Harris (R), a Trump-aligned conservative. It was refashioned by the Assembly to pull in portions of Anne Arundel County, giving it a roughly equal number of Republicans and Democratic voters.

The congressional map adopted by the Legislative Redistricting Advisory Commission. Screenshot from the Maryland General Assembly website.

In announcing its plan to sue, Fair Maps Maryland spokesman Doug Mayer said, “this level of gerrymandering is voter suppression.”

According to Maryland State Board of Elections voter registration statistics, about 55% of Maryland voters are Democrats and 24% are Republicans.

“It’s a sad day in Maryland,” said Mayer, a Hogan strategist and former communications director, in a statement. “The General Assembly has ignored the will of the overwhelming majority of Marylanders.”

He said the organization has hired attorneys to pursue “suits on both the state and federal levels that will prosecute the obvious Voting Rights Act and many other illegal partisan partisan gerrymandering violations.”

Many courts have been reluctant to wade into the politically charged districting process — and while Maryland’s districts may be ungainly, success in court is far from guaranteed.

“A lot depends on how willing courts are going to be to create new causes of action and how — I’ll be frank — how politicized the courts are,” said Michael Li, senior counsel for the Brennan Center’s Democracy Program. “Some courts are more willing to be honest brokers and some are very partisan.”

In January, Hogan created the Maryland Citizens Redistricting Commission (MCRC), made up of three Republicans, three Democrats and three independents. Lawmakers held a hearing but didn’t vote on the panel’s proposal, and rejected GOP amendments to replace the legislature’s map with the MCRC proposal.

Because Democrats have long had lopsided advantages in both chambers of the legislature, it has been a forgone conclusion for years that they would have the votes to do as they please when the once-a-decade process of redrawing the state’s congressional districts rolled around.

Cognizant of that reality, Republicans in the General Assembly have been plotting their post-session strategy for some time. Their hope is to find something in the LRAC map that violates state or federal law.

In an interview on Tuesday, House Minority Leader Jason C. Buckel (R-Allegany) conceded that the Supreme Court’s refusal — in Benisek vs. Lamone — to strike down Maryland’s 2011 redistricting plan creates challenges.

“Under the Benisek decision, you don’t really have partisan gerrymandering claims in federal court that are cognizable under the Equal Protection Act or other clauses,” he said. “But I think it’s an open question whether you do under Maryland law — under our free and fair elections clause, which really has never been interpreted in this context.”

Sen. Michael Hough (R-Frederick) suggested attorneys will consider asking the Maryland Court of Appeals to apply the requirement that state legislative districts be compact to congressional districts, a strategy that gerrymandering foes have pursued successfully in other states.

“That happened in Pennsylvania and North Carolina,” he said. “They basically took the constitutions of those states and applied them to the federal maps. If they used the state standards of continuity and compactness, that would be your best case of getting in front of a state court.”

“The federal courts aren’t going to get involved,” he predicted.

Buckel also conceded that race-based challenges under the federal Voting Rights Act are unlikely to succeed. “It tends to neither unduly pack [voters of color] so you’re isolating them… and they’re also not cracking those communities,” he said of the map lawmakers approved.

At Monday’s public hearing on the dueling redistricting proposals, Del. Kathy Szeliga (R-Baltimore and Harford counties) asked LRAC Chair Karl Aro and a legislative staffer to disclose who guided them through the map-drawing process.

“Someone had to put their finger on the mouse,” the former House minority whip said. “Who did that?”

“We have various staff,” senior legislative analyst Michelle Davis replied.

In an interview, Szeliga said Republicans will seek to determine, through litigation, the motives used to craft the legislature’s map.

“Everything that they said in that hearing, I’m sure there will be depositions that will further investigate what the people [in the Department of Legislative Services] did to create these maps,” she said.

“We will find out about the computer program they used,” Szeliga added. “We will find out who clicked the mouse.”

By Bruce DePuyt

House Democrats Advance Congressional District Map Opposed by Hogan, Republicans

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Maryland’s House of Delegates advanced a congressional district map drafted by a legislative advisory panel on Tuesday evening, over objections from Gov. Lawrence J. Hogan Jr. and the Republican caucus.

The 97-42 vote came after nearly an hour of floor debate and just hours after Democrats in the chamber predictably rejected an amendment that would have replaced the Legislative Redistricting Advisory Commission’s map with one put forward by the Maryland Citizens Redistricting Commission established by Hogan.

The legislative panel’s proposal would create seven districts likely to favor Democrats and would move the solidly Republican 1st District into tossup territory.

The congressional map adopted by the Legislative Redistricting Advisory Commission. Screenshot from the Maryland General Assembly website.

House Minority Leader Jason C. Buckel (R-Washington) introduced the amendment that would have switched the Legislative Redistricting Advisory Commission’s proposed congressional map in House Bill 1 with the map proposed by the multi-partisan panel Hogan created.

“It’s really very compact, and it’s really very contiguous, and it represents communities of interest,” Buckel said of the Maryland Citizens Redistricting Commission map.

Buckel, one of two Republicans on the seven-member Legislative Redistricting Advisory Commission (LRAC), said he opposes the maps that commission created because the districts aren’t compact.

Buckel’s amendment was ultimately voted down, largely along partisan lines, 93-43.

In a joint committee hearing Monday, lawmakers advanced the LRAC proposal and didn’t vote on the Maryland Citizens Redistricting Commission proposal.

The LRAC was created by Senate President Bill Ferguson (D-Baltimore City) and House Speaker Adrienne A. Jones (D-Baltimore County). Jones and Ferguson are both members of that panel alongside two other Democratic legislative leaders, the two Republican legislative leaders and Karl Aro, the commission chair and former head of the nonpartisan Department of Legislative Services.

Compactness of U.S. House districts has been a key aspect of the debate on the state’s next set of congressional maps. Republicans have highlighted the fact that the Maryland Citizens Redistricting Commission sought to minimize county splits in drawing their congressional proposal, but at the Monday committee hearing on both map proposals, Aro said compactness isn’t as important a factor in congressional maps compared to population equality and compliance with the federal Voting Rights Act.

Del. C.T. Wilson (D-Charles) defended the Legislative Redistricting Advisory Commission map during the Tuesday morning floor debate on Buckel’s amendment, and said panelists focused on preserving communities of interest, protecting the voting power of people of color and keeping as many people as possible in their current districts over compactness. Wilson added that the LRAC map still marks a “dramatic change” because it is more compact than current maps, but also said Maryland’s borders don’t lend themselves to neatly drawn districts.

“The shape of Maryland isn’t pleasing to the eye,” Wilson said. “It’s misshapen and out of proportion.”

House Majority Leader Eric G. Luedtke (D-Montgomery) urged lawmakers to reject Buckel’s amendment, and said that if Hogan and Republicans in the General Assembly oppose gerrymandering they should support the federal For The People Act, which would require nonpartisan redistricting commissions across the country. That legislation, sponsored by Maryland Rep. John P. Sarbanes (D), passed the U.S. House of Representatives earlier this year but has been blocked by Republicans in the Senate.

Luedtke noted that Hogan recently took credit for the bipartisan infrastructure bill that recently passed Congress and was signed into law by President Biden, and sarcastically wondered why Hogan wouldn’t do the same for the Sarbanes bill if he was so concerned about gerrymandering.

“If he’s that influential in the [U.S.] Senate, I would urge him to call for the passage of the For the People Act,” Luedtke said.

Other House Republicans took issue with the partisan breakdown of the proposed LRAC map and the state’s current congressional districts. Current maps create a 7-1 partisan breakdown favoring Democrats, and with the 1st Congressional District redrawn to be much more competitive, the LRAC’s proposal could result in an 8-0 partisan breakdown.

“There’s definitely more Democrats than Republicans in the state of Maryland, but it’s not 7-1,” said Del. Matthew Morgan (R-St. Mary’s). He noted that after the 1990 Census, Maryland had a 4-4 partisan split in its congressional delegation, which moved to 6-2 in favor of Democrats following the 2000 Census.

House Republicans renewed their criticism of the LRAC map at the Tuesday evening floor session: Del. Haven N. Shoemaker Jr. (R-Carroll) was particularly critical of the 1st District, which in the proposed map crosses the Bay Bridge to include parts of Anne Arundel County with the Eastern Shore, and the 8th District, which as in current maps runs from the state’s border with D.C. to the border with Pennsylvania, although it would include more of Carroll County in the LRAC proposal.

“Just because something is legal doesn’t necessarily make it right,” Shoemaker said.

Susan W. Krebs (R-Carroll County) pushed back on the idea that county boundaries aren’t important in congressional maps.

“We have county delegations,” Krebs said. “We have county school boards. We do everything by counties in Maryland.”

Luedtke said Tuesday evening it isn’t that counties don’t matter — but that there are a slew of different considerations that need to be considered in redistricting, including keeping voters in current congressional districts to the extent possible and complying with the Voting Rights Act.

“There should not be any single factor that governs everything we do on these maps,” Luedtke said.

Del. Jheanelle K. Wilkins (D-Montgomery) noted that recent U.S. Census data showed that Maryland is among the most diverse states in the country, and said the LRAC proposal reflects that growing diversity.

“When I look at this map, something that I believe is absolutely critical is that we have a map that represents that diversity … and what I see here is a map that increases our diversity in several really critical congressional districts,” Wilkins said, adding that the proposed congressional map is more compact than the current one.

She noted that the number of Black residents increases in Districts 4, 5 and 7 in the LRAC map. Districts 4 and 7 would be majority Black in the LRAC proposal, and District 5 would include a Black plurality.

The Maryland Citizens Redistricting Commission map minimizes county splits and received an “A” from the Princeton Gerrymandering Project, which evaluated the proposal based on geographical features, competitiveness and partisan fairness. The Legislative Redistricting Advisory Commission’s final proposed congressional map received an “F” based on those same criteria from analysts at Princeton. Luedtke on Tuesday morning questioned Princeton’s rating system during the floor debate because it doesn’t include Voting Rights Act compliance.

The LRAC proposal is now set to be taken up by the decennial Senate Standing Committee on Reapportionment and Redistricting on Wednesday morning before heading to the Senate floor.

By Bennett Leckrone

On Special Session’s First Day, Lawmakers Advance Democratic Congressional Map

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On the first day of a special session, the Maryland General Assembly took steps to advance a congressional redistricting proposal that is likely to replicate the current split in the state’s U.S. House delegation — seven Democrats and one Republican.

After more than two hours of public testimony, the House Rules Committee voted 18-6 on Monday in support of House Bill 1, setting the stage for further action later in the week.

HB1 was crafted by the Legislative Redistricting Advisory Commission (LRAC), a panel made up of House and Senate leaders — four Democrats, two Republicans and a non-voting chairman, a former top staffer.

The congressional map adopted by the Legislative Redistricting Advisory Commission. Screenshot from the Maryland General Assembly website.

In its current form, the measure would make a series of noticeable changes to the state’s current — and controversial — congressional map. But like that map, in use since 2012 and the subject of much litigation, several districts wander the state in circuitous fashion.

Republicans and gerrymandering foes have criticized the proposal, saying it still comes off looking like a map drafted by politicians in search of electoral advantage.

Undaunted, House Majority Leader Eric G. Luedtke (D-Montgomery), a member of the LRAC, told his colleagues the proposal represents an improvement over the current map.

“This map is more compact and contiguous and continues our decades-long commitment to diverse representation…,” he said. “Six of the eight districts under this map are more competitive than they are under the current map.”

Luedtke also said HB1 (and the companion Senate Bill 1) “keeps significant majorities” of voters in their current districts.

Karl Aro, former head of the Department of Legislative Services and the chair of the LRAC, said voters “don’t necessarily like current lines, but they do like their current representation.”

The full House could act on the measure as early as today.

Monday’s vote in House Rules followed a joint hearing with the Senate Reapportionment and Redistricting Committee. The lopsided nature of the vote reinforced the strong hand that Democrats hold in the politically charged process of redrawing the state’s congressional districts.

Republicans — including Gov. Lawrence J. Hogan Jr. — have acknowledged for weeks that Democrats have the numbers to work their will at this stage in the process. If the map preferred by legislative leaders and their allies in Congress is to be stopped, it is likely to be in the courts, GOP officials have said.

A map crafted by a second panel, the Hogan-created Maryland Citizens Redistricting Commission (MCRC), differed greatly from the legislature’s.

The nine-member MCRC consisted of an equal number of Democrats, Republicans and independents and adopted a start-from-scratch approach. Their proposal, House Bill 2/Senate Bill 2, contains districts that are far more compact and intuitive.

Stanford University law professor Nathaniel Persily, a nationally-recognized redistricting expert who assisted the MCRC, praised the panel for the way it went about its business — and the map it ultimately produced.

At Monday’s meeting he said the panel’s maps achieved Voting Rights Act compliance “without having to sort of draw contorted districts” and minimizing county splits.

“It is refreshing to see this kind of bipartisan and independent work being done in the public interest,” he said. “It really is a model for how this work could be done in the future.”

House Bill 2 did not receive a vote on Monday. Members of the Senate Republican Caucus told reporters that they intend to introduce the MCRC alternative as a substitute when the legislature’s preferred bill reaches the Senate floor later this week.

In an interview, Senate President Bill Ferguson (D-Baltimore City), who served on the LRAC, appeared unmoved by complaints that the commission’s work product isn’t “pretty.”

“I don’t think that pretty is a standard in any statutory or constitutional authority,” he said. “What it is about is ensuring that communities of interest are protected and that Marylanders are accurately reflected in the maps that are passed.”

Many of the people who testified on Monday said they prefer the tighter, cleaner approach taken by the MCRC.

“The citizens commission did a fantastic job defining a fair map for everyone,” said Deb Rey, a former Republican state delegate from St. Mary’s County. “It’s bipartisan. They quickly responded to citizen input. The districts are compact, keeping all but five counties whole and in one district. And each district total is within one person. I am amazed by that.”

District 1’s Bay Watch

The most high-profile change the LRAC map makes is the inclusion of parts of Anne Arundel County in the 1st District, the seat currently held by conservative Rep. Andrew P. Harris (R).

The LRAC’s 1st District has a 51% edge for Democrats and has the potential to make Harris’s re-election bid more competitive. A Trump-aligned conservative, he is the lone Republican in the Maryland congressional delegation.

A handful of 1st District residents told lawmakers they should include even more of Anne Arundel County in the 1st Congressional District, to create a true Bay-centered district.

“The eastern shore has a lot more in common with Annapolis… than some of those northern areas that are close to Pennsylvania,” said Louise Miller, a Chestertown resident, a reference to the district’s current lines.

She said she regularly visits Annapolis and noted that many Eastern Shore residents commute there.

Luedtke insisted that the LRAC proposal has a lot going for it:

  • Western Maryland’s 6th District, which he dubbed a “Potomac district,” “would pull in more of Frederick County while uniting communities along the river.
  • Anne Arundel and Baltimore Counties would be split into three ways, instead of the current four.
  • The lines in Baltimore City “are significantly more functional.”
  • Fast-growing Howard County “becomes the center of a newly-drawn 3rd District” and Columbia is united into a single district.
  • Prince George’s County dominates two districts.

“County lines drawn by colonial surveyors 300 years ago simply aren’t an accurate reflection of how people live their lives in modern-day Maryland,” Luedtke said.

By Bruce DePuyt, Bennett Leckrone, and Josh Kurtz

Once-in-a-Decade Congressional Redistricting Effort Will Be the Focus at Special Session

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Lawmakers will take swift action on new congressional district boundaries when the General Assembly convenes today in Annapolis for a rare December special session.

Partisan tension is expected to run high, as legislators deliberate maps crafted by commissions convened by Republican Gov. Lawrence J. Hogan Jr. (R) and Democratic legislative leaders — and consider whether to override the governor’s vetoes of more than 20 bills passed earlier this year.

Democrats hold wide majorities in the legislature, and are likely to have enough support to enact their preferred congressional map, even over a likely veto from Hogan — though an override of the redistricting plan may not happen until the 2022 regular legislative session begins in January.

Republican lawmakers have charged that the redistricting map released by the Legislative Redistricting Advisory Commission created by Senate President Bill Ferguson (D-Baltimore City) and House Speaker Adrienne A. Jones (D-Baltimore County), is a partisan gerrymander. Their complaints have been bolstered by Hogan, online ads from his political action committee, and Fair Maps Maryland, an advocacy group populated with Hogan allies.

The proposal from the legislative advisory committee — a Democratic-majority panel that included leaders from both parties in Annapolis — would smooth the edges of some of the state’s currently twisty and contorted district lines, and set districts with the possibility of electing only Democrats to Capitol Hill.

In the proposed map, the 1st Congressional District, home to the state’s sole Republican in Congress, Rep. Andrew P. Harris, would shift from solidly Republican to tossup territory by crossing the Chesapeake Bay at the Bay Bridge and incorporating part of Anne Arundel County.

The Princeton Gerrymandering Project — which graded the legislative panel’s proposal as an ‘F’ and Hogan’s as an ‘A’ — said the legislature’s congressional map would create a near-equal partisan split, with 50.9% Democrats and 49% Republican, for the 1st District.

The map created by the Maryland Citizens Redistricting Commission and favored by Hogan would likely create a 6-2 Democratic partisan advantage.

The map approved by lawmakers this week will guide congressional elections in the state for the next decade. And lawmakers will decide which map to approve against a backdrop of a slim Democratic majority in the U.S. House and an evenly divided U.S. Senate. Throughout the country, maps in Republican-controlled states have strengthened that party’s advantage. Republicans are in control of more than 180 districts nationwide, compared to about 75 districts controlled by Democrats, according to Nathan L. Gonzales, the editor and publisher of Inside Elections, which provides nonpartisan political analysis of state and national campaigns.

Maryland Democrats are under some pressure to add to the party’s congressional tally, while Hogan has vowed to veto the legislative commission’s “disgracefully gerrymandered” maps.

Dozens of residents signed up to testify during a brief 35-hour sign-up period last week.

A joint hearing on two congressional redistricting plans is set for 12:30 p.m.

For the first time since the start of the COVID-19 pandemic, members of the public will be allowed to watch floor sessions in the State House galleries, though seating is limited. Committee hearings will remain virtual during the special session.

While redistricting is the marquee topic for the special session, the General Assembly’s days will be full. Lawmakers have been told to prepare for long days on the floor on Monday, Tuesday and Wednesday. The session is expected to end by Friday, though extended deliberation could push the meeting into the weekend.

Among the vetoed bills under consideration are measures that would remove the governor from the state’s parole process, allowed tiered county-level income tax rates, expand collective bargaining rights for community college professors and employees.

Lawmakers are unlikely to pass emergency bills proposed by Hogan that he said are intended to curb violence in the city of Baltimore.

The brief session could also bring substantial change to the legislative chamber – Economic Matters Chair Dereck E. Davis (D-Prince George’s) is favored to win a secret ballot election as the state’s new treasurer, following the retirement of Nancy K. Kopp, who has held the position for nearly two decades.

Davis was recommended for the position by a Special Joint Legislative Committee to Select the State Treasurer that met late last month.

By Danielle E. Gaines

Congressional Redistricting: A History of Jumping the Bay

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The Legislative Redistricting Advisory Commission, created by legislative leaders to draw up congressional and legislative maps for the General Assembly to consider, proposed a 1st Congressional District that would cross the Chesapeake Bay Bridge to include portions of Anne Arundel County with the Eastern Shore.

The 1st District currently loops north through Harford County, but crossing the Chesapeake Bay in congressional maps is nothing new. Prior to the current maps, the 1st District crossed the bay into either Anne Arundel County or southern Maryland for decades.

Proponents of such a configuration argue the Eastern Shore and Anne Arundel County are intrinsically connected via the Chesapeake Bay Bridge, since many commute daily between the two regions for work and shopping.

“Both regions have the same economic and environmental interest in protecting the Bay,” Anne Arundel County resident Marnette Finn said at a Nov. 15 Legislative Redistricting Advisory Commission virtual hearing.

Many who testified at that statewide virtual public hearing in November also urged lawmakers to draw a more competitive 1st District to challenge incumbent Rep. Andrew P. Harris, the state’s lone congressional Republican, citing his vote against certifying the 2020 election results after the Jan. 6 insurrection at the U.S. Capitol.

Wayne T. Gilchrest, a Republican former congressman who represented the 1st District from 1991 until 2009, said the 1st District proposed by the Legislative Redistricting Advisory Commission is “very similar” to the districts he represented, which also included parts of Anne Arundel County.

“I think they’re connected by the Chesapeake Bay Bridge,” Gilchrest said, “And yes, they are contiguous if you want to look at it that way.”

Gilchrest noted that the Eastern Shore of Maryland doesn’t have a high enough population to justify its own congressional district.

He was ousted by Harris in the 2008 primary elections. Harris subsequently lost to Democratic contender Frank Kratovil, but ran again and won in 2010 by a wide margin.

The 1st District was redrawn to be more solidly Republican in 2012, with Democratic lawmakers opting to draw a Democratic-leaning 6th District in Western Maryland at the time to achieve a 7-1 advantage. Harris has handily won reelection in the current 1st District since.

Under the congressional map proposed by the Legislative Redistricting Advisory Commission, however, the 1st District is slated to become significantly more competitive, though it doesn’t favor Democrats as much as another configuration the panel was mulling. According to the Princeton Gerrymandering Project, which gave the map an “F” grade, the proposed 1st District favors Democrats by a thin margin, roughly 51% to 49%.

In the congressional map proposed by Maryland Citizens Redistricting Commission, which was created by Gov. Lawrence J. Hogan Jr. (R), the 1st District does not cross the Bay at Anne Arundel County but instead includes Harford County and northern Baltimore County.

Here’s a brief history of the 1st Congressional District’s boundaries and when they’ve crossed the Chesapeake Bay in the past. All maps were provided by the Maryland Department of Planning.

1966-1970: The first crossing

The 1966 congressional map marked a shift away from districts that strictly adhered to county boundaries in Maryland following Maryland Citizens Committee for Fair Congressional Redistricting v. Tawes, a court case influenced by the 1964 Wesberry v. Sanders U.S. Supreme Court case, in which justices ruled that U.S. House of Representatives districts need to be roughly equal in population.

Congressional districts had been held steady for decades before that court case. The 1st District had long included only the Eastern Shore, starting with Cecil County in the north and extending south to the border with Virginia. In the consequential 1966 map, the Eastern Shore was kept whole but a large portion of Anne Arundel County, alongside all of Calvert and St. Mary’s counties, were added to the 1st District.

1972-1990: Southern Maryland with the Eastern Shore

In the two subsequent rounds of redistricting, Anne Arundel County was kept with portions of Prince George’s County and the 1st Congressional District crossed at Calvert County rather than at the Chesapeake Bay Bridge.

Between 1972 and 1990, Calvert, Charles and St. Mary’s counties were kept whole and included with the Eastern Shore. Harford County was entirely included with the Eastern Shore in the 1972-1980 map, while just roughly the western half of the county was included in the 1st District between 1982 and 1990.

1992-2000: Crossing returns to Anne Arundel County and parts of Baltimore City

In 1992, Democratic U.S. Rep. Steny H. Hoyer’s 5th District began to take on its current, familiar shape, encompassing all of southern Maryland and looping up to include the area around College Park in Prince George’s County. It also took in large portions of western Anne Arundel County and parts of southern and eastern Prince George’s County.

The portion of the 1st District on the western shore was drastically reduced, including parts of central and northern Anne Arundel County and a small portion of far southern Baltimore City. This configuration included Harford County with the 2nd District as opposed to with the Eastern Shore.

As recently as 2000, this map resulted in a 4-4 partisan breakdown, with the 1st, 2nd, 6th and 8th districts electing Republicans.

2002-2010: The most recent crossing at Anne Arundel County

The 2002 map included even less of Anne Arundel County with the 1st District. The 1st District also began to take in more of northeastern Maryland, snaking through central Harford County and reaching portions of Baltimore County, where Harris resides.

This map favored Democrats 6-2.

2012-present

The current map is the first to not cross the Chesapeake Bay at Anne Arundel County in decades, and instead includes a larger portion of northeastern Maryland. A large portion of Harford County, parts of Baltimore County and the northern and eastern portions of Carroll County are all included in the 1st District as it is currently drawn.

This represents the state’s current 7-1 partisan breakdown after the 6th District was redrawn to favor Democrats.

Bonus: Every congressional map in Maryland’s history

Here’s every congressional map Maryland has ever had. Note that the number of U.S. Representatives has varied over the years.

By Bennett Leckrone

Legislative Redistricting Advisory Commission Releases Four ‘Concept’ Congressional Maps for Public Comment

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The Legislative Redistricting Advisory Commission released four draft concept congressional maps Tuesday evening.

The redistricting panel, convened by Senate President Bill Ferguson (D-Baltimore City) and House Speaker Adrienne A. Jones (D-Baltimore County) is tasked with drawing up congressional and legislative maps for the General Assembly to consider. Lawmakers are set to return to Annapolis on Dec. 6 for a special session to handle congressional redistricting.

The four conceptual congressional maps are available online alongside information about the population and racial makeup of each district — but not the partisan political breakdown. Some of the configurations are vast departures from current maps, including two draft maps of a 1st District that crosses the Chesapeake Bay Bridge to include portions of Anne Arundel County alongside the Eastern Shore.

LRAC congressional plan 1

LRAC congressional plan 2

LRAC congressional plan 3

LRAC congressional plan 4

 

Commission Chair Karl Aro, a former head of the nonpartisan Department of Legislative Services, said in a statement that the conceptual maps are a baseline for public comment and based on testimony the commission has received in their public hearings so far.

“The approach that this commission has taken is to create a set of four Congressional map concepts for public comment,” Aro said. “It is our belief that Marylanders should see and comment on more than just a single map. Each of these four concepts represent a starting point for an approach that was grounded in testimony the commission heard.”

Aro added that, “to the extent practicable,” the maps aim to keep Marylanders in their current congressional districts.

“Portions of these districts have remained intact for at least 30 years and reflect a commitment to following the Voting Rights Act, protecting existing communities of interest, and utilizing existing natural and political boundaries,” Aro said. “It is our sincere intention to dramatically improve upon our current map while keeping many of the bonds that have been forged over 30 years or more of shared representation and coordination.”

Dave Wasserman, the House analyst for the nonpartisan Cook Political Report tweeted Tuesday that the four congressional maps include “two that would essentially leave Rep. Andy Harris (R) safe and two weak gerrymanders that could still give him a path to reelection.”

Wasserman wrote that the third map proposal would flip Harris’ 1st District from “Trump +20 to Biden +10 — about as blue as Virginia.”

“That’s pretty surprising, considering MD Dems could easily make it Biden +15 or more and have shown little restraint gerrymandering the state in the past,” Wasserman wrote.

The General Assembly, where Democrats hold a veto-proof majority in both the House of Delegates and the state Senate, will have the final say over redistricting in Maryland.

Marylanders who testified at the Legislative Redistricting Advisory Commission’s previous public meetings have urged the commission to release draft maps to the public, arguing that the public should have a chance to weigh in before the proposal heads to the General Assembly.

“It seems rather difficult for people to comment on the basis of a blank map,” Jacqueline Coolidge of the League of Women Voters told the panel at an online hearing in early October.

Ferguson and Jones issued a joint statement on Twitter after the release of the maps and said they were pleased the maps were released now, “providing the public with several weeks for input and reaction.”

“Continuing our open and transparent process, we encourage all Marylanders to provide testimony and feedback on these concepts during our upcoming statewide virtual hearing this Monday at 6 p.m. and through the LRAC email address in the coming weeks.”

Gov. Lawrence J. Hogan Jr. (R) created a separate panel, the Maryland Citizens Redistricting Commission, to draw up congressional and legislative maps that he will propose to the General Assembly. That commission, which included three Republicans, three Democrats and three unaffiliated voters, finalized its redistricting proposal earlier this month.The congressional and legislative maps proposed by the Maryland Citizens Redistricting Commission are available online.

Hogan can veto congressional maps, and previously said he would oppose maps from the General Assembly that “don’t follow what the Citizens Redistricting Commission has come up with.” While Hogan could veto the congressional maps, Democrats easily overrode his vetoes on several measures during the 2021 legislative session.

Commission members will hold a statewide virtual public hearing at 6 p.m. Monday, Nov. 15. Email testimony may be sent to testimony_LRAC@mlis.state.md.us.

By Bennett Leckrone and Danielle E. Gaines

Md. Citizens Redistricting Commission Finalizes Congressional, Legislative Maps

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The Maryland Citizens Redistricting Commission, created by Gov. Lawrence J. Hogan Jr. (R) to draw up maps that he will propose to the General Assembly, finalized its redistricting proposals at a Wednesday evening meeting.

Commission members voted 8-1 to approve of congressional maps and unanimously to approve legislative maps at the meeting. Those maps, which are available online, are vastly different from the state’s current configuration because commissioners started from scratch and didn’t use existing districts to begin with.

Commission members weren’t allowed to consider partisan district makeup when creating the maps, but their congressional maps received high marks for partisan fairness from the Princeton Gerrymandering Project. The congressional map creates six Democratic and two Republican districts as opposed to the current 7-1 configuration, according to the Princeton Gerrymandering Project’s Redistricting Report Card. That report also rated the commission’s state senate maps highly in October, although panelists have since made changes to the legislative map and the group hasn’t reviewed the finalized version yet.

The commission is composed of three Republicans, three Democrats and three unaffiliated voters, and has been conducting public hearings on redistricting since June. Hogan has said he will submit the commission’s maps to the General Assembly, where Democrats hold a veto-proof majority in both the House of Delegates and the Senate. Lawmakers have formed their own redistricting panel, the Legislative Redistricting Advisory Commission, to conduct public hearings and draw up congressional and legislative maps.

Here are a few takeaways from the Maryland Citizens Redistricting Commission’s final redistricting proposal:

 

County splits are minimized compared with current congressional maps

Keeping communities and neighborhoods intact was a common ask from residents throughout the commission’s public hearings, and commissioners said Wednesday evening that they tried to minimize county splits as much as possible in their proposed maps.

Under the state’s current congressional maps, Baltimore City is split between the 2nd, 3rd and 7th Districts. The city would be contained within a single congressional district alongside portions of northern Anne Arundel County in the commission’s proposed maps.

Commission member William Thomas (D), a Baltimore City resident, was the only commission member to vote against the congressional proposal. Thomas said he was “disappointed” that he received little feedback on the congressional maps from city residents, and added that he couldn’t be sure the map accurately reflected what Baltimore residents want in their congressional configuration. He said he would’ve preferred an east-west split for Baltimore in the commission’s maps.

Anne Arundel County, currently split between four congressional districts, would also be kept more intact: Aside from neighborhoods included in a district with Baltimore City, the county is contained within a single district with all of Howard County and a small portion of northern Calvert County in the proposed maps.

Baltimore County, which is also split between four congressional districts in current maps, would be split between two districts from north to south. The northern portions of the county are included with the Eastern Shore in the 1st District, and the southern half of the county has its own self-contained district.

Northern portions of Montgomery County are kept in a district with Western Maryland, although that district would include all of Frederick and Carroll counties. Most of Montgomery County would include a self-contained district extending from Germantown to east of Aspen Hill. The eastern portion of the county, including Silver Spring and White Oak, would be included in a district with northern Prince George’s county.

Roughly the southern half of Prince George’s County is included in a district with Charles, St. Mary’s and Calvert counties.

The legislative map includes both single- and multi-member delegate districts

In his executive order creating the commission earlier this year, Hogan said single-member delegate districts should be used in the map “to the extent possible.” After weeks of debate, panelists decided to use a mix of single- and multi-member districts based on population density.

Eighteen of 47 state Senate districts contain three-member delegate districts in the Maryland Citizens Redistricting Commission’s proposed maps.

The commission’s proposed delegate map generally includes multi-member House districts in counties with a population density of more than 2,000 per square mile, commission Co-Chair Walter Olson (R) previously said.

There are various exceptions to the use of multi-member districts in the commission’s map: Single-member districts are used as required by the federal Voting Rights Act to ensure representation of people of color, and a Senate district of fewer than 500 people per square mile that is in a county with a population density of more than 2,000 per square mile will have single-member House districts. That exclusion would affect the Agricultural Reserve in northern Montgomery County, which would include single-member districts.

Single-member House districts are also used in all districts that cross county lines except District 39, which crosses from Prince George’s County into Charles County, because the population on the Charles County side of the district is too low to “make up the core of a single-member district,” according to a previous email from Maryland Department of Planning Public Affairs Director Kristin R. Fleckenstein.

The Maryland constitution allows state delegate districts with between one and three members, and the state currently uses a mix of both single- and multi-member districts. Delegate districts must be nested within state Senate districts in Maryland, with three delegates per Senate district. Potential configurations include three single-member delegate districts within a Senate district; one single-member delegate district and a two-member delegate district; and one three-delegate district.

Multi-member districts are more widely used than single-member districts statewide in current legislative maps. Single-member districts are generally used in more rural or geographically large districts or when required by the Voting Rights Act. They are also sometimes used in current maps when a portion of a Senate district crosses county lines.

Proponents of single-member districts who testified during the Maryland Citizens Redistricting Commission’s three rounds of public hearings said they make it easier for political newcomers to challenge incumbents and create more specialized local representation, while proponents of multi-member districts have said they offer voters broader representation and helped the Maryland General Assembly outpace other states in terms of gender and racial diversity.

The MCRC maps are highly unlikely to be enacted

The General Assembly, where Democrats hold a veto-proof majority in both the House of Delegates and the Senate, will have the final say over redistricting in Maryland. Legislative leaders created their own commission, the bipartisan Legislative Redistricting Advisory Commission, to draw up their own set of congressional and legislative maps.

The legislative commission includes four Democratic and two Republican legislative leaders and is chaired by Karl Aro, the former director of the nonpartisan Department of Legislative Services. That panel kicked off its public hearings in September, but hasn’t produced congressional or legislative maps for public comment yet.

Hogan said last week that he would oppose maps from the General Assembly that “don’t follow what the Citizens Redistricting Commission has come up with.” The governor can veto congressional maps, but Democrats hold a veto-proof majority in both the House of Delegates and Senate and easily overrode his vetoes on several measures during the 2021 legislative session.

Lawmakers are planning a special session in December to tackle congressional redistricting. The Legislative Redistricting Advisory Commission is set to wrap up its hearings this month before recommending maps to the General Assembly.

By Bennett Leckrone

Md. Citizens Redistricting Panel Starts Second Round Of Public Hearings, Draws Draft Map

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The Maryland Citizens Redistricting Commission kicked off its second round of public hearings Thursday night, and drew up their first complete draft congressional map.

Commission members reviewed several draft maps of individual congressional districts drawn up by their resident redistricting expert, Nathaniel Persily, for “illustrative, instructional and potential discussion” purposes at the meeting.

Those maps mostly deal with individual regions of the state and are available online, but aren’t meant to reflect the commission’s final plans. Commission members also drew up a draft congressional map and agreed on a few general principles such as not crossing the Chesapeake Bay and creating a western Maryland district that includes Carroll County.

In addition to those principles, the draft map combines the three southern Maryland counties with southern Prince George’s County; combines most of Anne Arundel County with Howard County; keeps Baltimore City whole by combining it with portions of northern Anne Arundel County; and includes part of northern Montgomery County in the western Maryland district.

The draft map, which would add a second Republican-leaning district in western Maryland, generally features fewer county splits than the state’s current congressional maps. Baltimore is currently split between three congressional districts, and in the draft it is entirely contained within one. Anne Arundel County is currently split between four congressional districts, and is split between two in the draft map. Baltimore County also sees less splits in the draft.

The commission is still conducting public hearings and accepting map submissions for the public, so the draft map is likely to change.

The individual congressional districts included in the draft congressional map may be viewed in the pdf below.

2021-0909-individual-district-maps-for-draft-cong-plan

 

Just two speakers from the public testified at last week’s hearing: Zulieka Baysmore, a Baltimore resident who was a candidate in the 2020 Republican mayoral primary, and Reuben Collins, the Democratic president of the Charles County Board of Commissioners.

Collins noted that Charles County was one of the fastest-growing counties in Maryland, according to U.S. Census data, and said commission members should “look at amplifying opportunities for minority representation” in his county.

Baysmore urged commission members to keep districts competitive in their proposed maps rather than “fully red or fully blue.”

The commission has received 10 map submissions from the public to date, Maryland Department of Planning Director of Public Affairs Kristin Fleckenstein said at the meeting. The commission’s next virtual public hearings are set for 6 p.m. Monday, Sept. 13, and Tuesday, Sept. 14.

The Maryland Citizens Redistricting Commission was created via executive order by Gov. Lawrence J. Hogan Jr. (R) and includes three Republicans, three Democrats and three unaffiliated voters. The commission is tasked with drawing up congressional and legislative maps that Hogan plans to submit to the General Assembly.

The General Assembly, where Democrats hold a veto-proof majority in both the House of Delegates and the Senate, will have the final say over proposed maps. The Legislative Redistricting Advisory Commission announced Friday that it would hold its first public hearing at 6 p.m. Sept. 20 at Prince George’s Community College in Largo as part of its map-making process.

By Bennett Leckrone

Mid-Shore Saw Little Population Growth; QA’s County Added 2K Residents, Kent Lost 1K

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Although Maryland’s population increased nearly 7% between 2010 and 2020, population growth on the Mid-Shore was virtually stagnant. Queen Anne’s County accounted for most of the growth in the last decade; Kent County’s population decline was the highest in the region.

Census population numbers are used to “determine the number of seats each state has in the U.S. House of Representatives and is also used to distribute hundreds of billions of dollars in federal funds to local communities,” according to the U.S. Census Bureau.

The numbers are also used to draw state legislative districts and county-level districts for county council or commission and board of education where those seats are elected by district.

While much of the focus is on the congressional and state legislative districts, the 2020 population figures may require some small adjustments for county-level seats that are elected from districts.

Queen Anne’s County, with 2,000 more residents, likely will require the most adjustments for its county commission and school board seats, depending on where the new residents are distributed. Kent County does not elect members from districts for county commission or school board and will not need to make any adjustments despite losing nearly 1,000 residents.

Mid-Shore public bodies with districts include:

Caroline County — board of education, three districts;

Dorchester County — county council, five districts; board of education, five districts;

Queen Anne’s County — county commissioners, four districts, one at-large; board of education, four districts, one at-large;

Talbot County — board of education, seven districts.

The biggest battles will occur with the congressional and state legislative district maps. Maryland’s current congressional map is considered one of the most gerrymandered in the nation. Gov. Martin O’Malley and Democratic lawmakers packed Democratic areas into a western Maryland district that had repeatedly elected a Republican to Congress. The mapping process following the 201o Census also put more Republicans into the First District, which encompasses the Eastern Shore.

As a result, Maryland’s congressional representation went from six Democrats and two Republicans to seven Democrats and one Republican (the First District’s Andy Harris).

Two redistricting commissions — one appointed by Gov. Larry Hogan and another by Maryland legislative leaders — are already at work on the maps for the congressional and legislative district maps.

The state planning department offers adjusted redistricting data on its website, which also includes a link to a mapping web portal through which anyone may submit proposed redistricting maps for review by the Maryland Citizens Redistricting Commission appointed by Hogan.

Outside groups also have offered maps, with several available to view at Dave’s Redistricting, “a free web app to create, view, analyze and share redistricting maps for all 50 states and the District of Columbia, according to the site.

The website offers five notable maps — most proportional, most competitive, best minority representation, most compact, and least splitting — for congressional, state senate, and state house redistricting plans.

At presstime, the notable congressional maps for proportionality, competitiveness, and compactness would split the Eastern Shore into two districts. The First Congressional District currently includes the entire Eastern Shore from Cecil to Worcester county and portions of Harford, Baltimore, and Carroll counties.

The current most proportional and most competitive congressional map would create a district that includes Queen Anne’s to Worcester county on the Eastern Shore, the southern Maryland counties of Calvert, Charles, and St. Mary’s, and a portion of Prince George’s County. That district is seen in yellow below.

The most proportional and most competitive Maryland congressional district maps published thus far would include seven Eastern Shore counties, three southern Maryland counties, and a portion of Prince George’s County. Screenshot from Dave’s Redistricting.

The most compact congressional map has a district that includes Kent to Worcester county, the three southern Maryland counties, and portions of Prince George’s and Anne Arundel counties. That district is seen in light purple below.

The most compact Maryland congressional district maps published thus far would include eight Eastern Shore counties, three southern Maryland counties, and portions of Prince George’s and Anne Arundel counties. Screenshot from Dave’s Redistricting.