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June 22, 2025

Chestertown Spy

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2 News Homepage Archives News

Chestertown’s Voting Districts Violate Constitution, ACLU and NAACP say

January 20, 2020 by Daniel Menefee

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The ACLU of Maryland and the NAACP of Kent County have notified the Town of Chestertown to correct its malapportioned voting districts and create a ward with a “substantial plurality” of black voters.

“The existing four-ward election system in Chestertown is severely malapportioned, and also unfairly dilutes black voting strength,” said Deborah Jeon, legal director for the ACLU of Maryland, in a letter to Mayor Chris Cerino on Jan. 17.“It is imperative that the problems of Chestertown’s election system be corrected in advance of the next election.” 

Chestertown last apportioned its districts in 1995–and since then the population of Ward 3 has swelled to twice that of Ward 1.

“Thus giving individual voters of Ward 1 a disproportionate voice in local elections, and Ward 3 voters proportionately less,” Jeon said.

The Supreme Court has interpreted the Equal Protection Clause of the Fourteenth Amendment to require voting districts be equal in population to the extent possible. Any deviation between the smallest and the largest district in a jurisdiction is “constitutionally suspect” if it exceeds 10 percent.

“Since the current election plan is dated 1995, it appears that the reason for this malapportionment may be that the Town has failed to redistrict periodically to keep pace with its legal and constitutional obligations,” Jeon said.  “As a result, Chestertown’s current system violates the constitutional principle of one-person, one-vote.”

The letter from the ACLU follows a story in the Spy on Dec. 11 that reported Ward 3 had twice the number of registered voters than Ward 2. 

                                       Figure 1. The current populations of Chestertown’s four wards

The Spy sought confirmation from the ACLU on the actual population of the wards because town officials could not provide the data.

The ACLU confirmed on Jan. 4 that the wards were malapportioned based on current census data for each ward. (See Figure 1)

The population was 70 percent more than average in Ward 3 and 26 percent below average in Ward 1, an overall deviation of 96 percent, “a variation that is constitutionally unacceptable,” Jeon said.

Most recent census data puts Chestertown’s population at 5,281.

The ACLU found that most of Chestertown’s black population was split between Wards 3 and 4, causing a dilution of black voters.

Wards 3 and 4 have the largest black populations, 35 and 25 percent respectively. Jeon said it was possible to redraw the four wards to include a ward with a larger population of voting age blacks–and also achieve proportional representation.

“It is possible to rectify the problems of malapportionment and racial fairness at the same time,” she said. 

An ACLU demographer drew a draft map that accomplishes both and brings the population deviation to less than five percent. The map also keeps current incumbents in their districts. (See Figures 2 & 3)

The ACLU also recommended that town elections be held on the same schedule as state or federal elections to increase voter turnout.

When asked for comment, Mayor Chris Cerino said he may comment on the issue at the Jan. 27 council meeting.

Ward 3 Councilman Ellsworth Tolliver said, “I am sure, together with my colleagues, we will make every effort to ensure a fair and equitable playing field for all the voters in Chestertown.”

                  Fig 2. ACLU proposed redistricting map for Chestertown

                    Fig 3. Shows greater racial fairness and a population deviation across the wards of less than 5 percent

      

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Filed Under: 2 News Homepage, Archives, News Tagged With: Chestertown Spy, Elections, Voting Rights

Spy Editorial: Honor MLK, Enact The Chestertown Voting Rights Act

January 20, 2020 by The Chestertown Spy

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As the nation honors the memory of Dr. Martin Luther King, Jr., a martyr in the dark, epic battle of desegregation in the United States, The Spy urges the Mayor & Council of Chestertown to enact The Chestertown Voting Rights Act. 

Passage of the Voting Rights Act of 1965 was one of MLK’s most transformative accomplishments. The Act was adopted only after a series of Supreme Court decisions that took judicial power to decide districting cases and enforce equally apportioned districts: One Person, One Vote. The Voting Rights Act added muscle through the courts to end dilution of voting influence that steal equal opportunity from minorities to compete in elections.  

The Voting Rights Act applies to all political jurisdictions, including the Town of Chestertown. Many local jurisdictions with ward-based representation are statutorily mandated to re-examine their districts after every census. Chestertown has not undertaken reapportionment since 1995. 

How have we ignored this for a quarter-century when the ACLU has clearly pointed out that Chestertown’s voting districts are illegal? The silence from the Chestertown government is deafening. 

The Spy urges the enactment of a Chestertown Voting Rights Act, immediately, that requires the Mayor & Council to convene a racially diverse nonpartisan commission within six months following a decennial census. The ordinance should require the commission to hire an attorney at the town’s expense to advise on the process. 

Let’s honor MLK’s legacy and pass The Chestertown Voting Rights Act.

 

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The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Filed Under: 3 Top Story, Local Life, Point of View Tagged With: Chestertown, MLK, Voting Rights

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