From Ballotpedia

Maryland
General Information
Process:	Legislative
Deadline:	1st Day of 2012 Session
Total Seats to be Drawn
Congress:	8
State Senate:	47
State House:	141
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This page is about redistricting in Maryland. In addition to the eight Congressional seats the state had going into 2010, nearly 200 legislative seats are in play.

Process

Maryland employs two distinct processes for legislative and Congressional redistricting. With respect to Congressional redistricting, the Maryland General Assembly bears primary responsibility, proposing and passing the redistricting plan as ordinary legislation. As such, the Governor of Maryland has the power to veto the plan. For legislative redistricting, the Governor is responsible for drafting plans and submitting the new maps to the General Assembly. The Governor appoints an advisory commission to assist in this task. Once the Governor submits a plan, chamber leadership must introduce the plan as a joint resolution. The General Assembly may then adopt the plan or pass another. If a plan is not adopted by the 45 day of the session, the Governor's plan becomes law.^[1]

Leadership

2011 advisory committee membership

2011 membership on the Governor's Redistricting Advisory Committee includes:^[2]

• Chair, Jeanne D. Hitchcock, Esq., Secretary of Appointments
• Thomas Mike Miller, Jr., Senate President
• Michael E. Busch, Speaker of the House
• James King, Former House Member
• Richard Stewart, President and CEO, Montgomery Mechanical Services Incorporated

2001 advisory committee membership

2001 membership on the Governor's Redistricting Advisory Committee included:

• Secretary of State, John T. Willis , Chair
  
• Senate President, Thomas V. Mike Miller
  
• Speaker of the House of Delegates, Michael Erin Busch
  
• Montgomery County Commissioner, Isiah Legget
  
• Worcester County Commissioner, Louise L. Gulyas

Public hearings

The Redistricting Advisory Committee will hold 12 public hearings between July 23 and September 10 around the state. The schedule can be found on the Committee's website.

Census results

At 9%, Maryland's overall growth was just below the national average. Within the state, white residents shrank by 128,000 while minorities, especially Hispanics, grew. Hispanics, in fact, doubled - to 8% of the state. Whites fells from 62% to 55%. Minority growth among blacks and Asians occurred largely in the suburbs of Washington, DC.

Specific counties also experienced individual growth rates, as high as 28%, that dwarfed the state and national averages^[3] Other, like Baltimore, shrank.

Counting prison inmates

Governor O'Malley's signed a bill requiring prison inmates to be counted at their last known address prior to incarceration in April 2010 - the first of its kind in the U.S. His law, however, would not even make it to one year. Backed by 13 Senators and over 80 Delegates, the "No Representation without Population Act" presented itself as a remedy to rural counties, which houses most of Maryland's prisons, having artificially high population counts.^[4]

Various Maryland agencies signed off on adjustments made to population figures after the February 2011 delivery of Census data.^[5] However, when the state asked prison officials to provide detailed information on the previous addresses of current inmates, the Federal Bureau of Prisons refused, citing privacy violations. Maryland immediately appealed directly to the U.S. Justice Department in a bid to get that information.

If Maryland's Department of Planning, leading the appeal, gets its way, rural counties will take a hit. Somserset's population will be dropped 10% while Allegany and Washington will each lose around 3%. Among the winners in such a scenario would be the counties that were home to many current inmates, such as Baltimore.^[6]

Congressional maps

Democrats may weaken Republican seats

As attention turned to the summer redistricting process, it also turned to Maryland's two Republican Congressmen - and specifically to Andy Harris of the 1st district. Asked if the Democratically dominated state legislature would target Harris, the leader of Maryland's U.S. House delegation confirmed, saying, "I think there's an opportunity there. I think the answer to that is yes."^[7]

Harris replied that, "I'm waiting, like everyone else, to see what the powers that be in Annapolis...I spend my time taking care of my district."^[8]

Others have speculated that Republican District 6 may be a target for redistricting. Democrats may be able to shift Republican areas from the 6th to the 1st, concentrating Republicans in the 1st and weakening them in the 6th.^[9] Another approach may be to move Democratic voters from Montgomery County (the county includes parts of Districts 4 & 8) into District 6. 10-term Rep. Roscoe Bartlett (R) currently represents District 6.^[10] During a July public hearing, several Democrats argued for the latter approach.^[11]

Hoyer's district to shrink

Given new population data from the 2010 Census, Congressman Steny Hoyer's (D) district is now the most overpopulated in the state. This data indicates strong growth in Maryland's DC suburbs. Rep. Elijah Cummings's (D) district is now the most underpopulated. Ultimately, Hoyer's District 5 seat will need to shed around 47,000 residents.^[12]

GOP releases redistricting plan

The Maryland GOP has released a "good-government" redistricting plan aimed at creating districts which do "what is best for Maryland residents, not career politicians." Specifically, the plan aims at creating compact, contiguous districts and a third minority-majority district. In a more partisan move, the plan pairs Democratic Congressmen Dutch Ruppersberger and John Sarbanes. Ultimately, the plan is unlikely to significantly impact the outcome of Maryland's redistricting efforts. Only one of the advisory commission's members is a Republican.^[13] The full plan can be found here.

Democratic plans

The Baltimore Sun obtained copies of two maps being considered by Democrats in the end of September. Assistant professor of political science at St. Mary's College of Maryland Todd Eberly was critical of both proposals. "One thing's clear: There is nothing about reflecting population change. There is no attempt to respect existing boundaries or neighborhoods. It's totally about maximizing Democratic votes, nothing else," he said.^[14]

Committee releases proposal

The Governor’s Redistricting Advisory Committee released its recommended map on October 3. Republicans criticized the proposal for separating like-minded communities while joining areas with few commonalities. Democrats currently hold a 6-2 advantage in the U.S. House of Representatives and all signs point to them trying to turn that into 7-1. The proposed map targets Republican 6th District Rep. Roscoe Bartlett, who has served since 1992, adding Democratic voters to his district.^[15]

A few Democrats were also critical over adding conservative areas to the African-American majority 4th District, which is currently represented by Donna Edwards, a black woman.^[16] She stated, “I understand and share the political interests that are at stake, both nationally and in our state. Nonetheless, I cannot support this plan in its current form given that minority representation interests appear to have been sacrificed for these political interests.”^[17] Montgomery County Council President Valerie Ervin (D) said the proposal "looked like gerrymandering" and "African American voters were taken for granted once again."^[18]

The newly formed Detroit-based Fannie Lou Hamer Political Action Committee^[19] has threatened to file suit against the state if the current plan is enacted, alleging racial gerrymandering. A spokesman for the PAC said they are working with the GOP to create a third African-American majority district.^[20]

Meanwhile, members of Maryland's tea party movement are planning to hold a rally on October 18 in Annapolis to protest the proposal.^[21]

The public had seven days to comment on the proposal prior to its introduction to the legislature, which is expected to occur October 17.^[22]

Special session

Republican state Delegate Michael Hough announced on October 12 that he would be introducing “The Maryland Fair Representation Congressional Plan” during the special session. The plan includes three minority districts, echoing the desires of the Fannie Lou Hamer Political Action Committee.^[23]

Hough stated, "The Maryland Fair Representation Congressional Plan does not divide minority populations and geographic areas and will therefore provide accurate and fair representation for all the citizens of Maryland. The plan put forward by the Governor's Council is simply a partisan gerrymandered mess that divides communities and disenfranchises voters across the state."^[19]

The special session got underway on October 17. Delegate Hough and Sen. E. J. Pipkin introduced the map endorsed by the Hamer PAC, which would create the third majority minority district while combining all rural areas in the state. Fellow Republicans Sen. Nancy Jacobs and Del. Anthony O'Donnell introduced a map endorsed by the state GOP.^[24] Meanwhile, Maryland Congresswoman Donna Edwards created a proposed map to create a third majority minority district, which Del. Ana Sol Gutierrez promised to introduce.^[25]

Governor's map advances, becomes law

The governor's plan, despite criticism from many sides, advanced in the state Senate,^[26] and, after about an hour of debate, was passed 33-13.^[27]

All 12 Republicans voted against the map, along with lone Democrat C. Anthony Muse. "I believe it pits the party against the people -- against a minority population that has down through the decades been the party's most loyal supporters, and yet we stand at this moment in history determined to reward that loyalty by diluting their political power, weakening their voices and shrinking their districts,” he said.^[28]

The House took up the map on October 19, passing it 91-46. All 41 Republicans, along with 5 Democrats, voted against it.^[29] All five Democrats were from the Washington area. Due to technical changes the Senate had to reconvene the following day to take a final vote to correct typographical errors in the bill. Following the vote, Gov. O'Malley signed the new districts into law.^[30] Less than 24 hours later the Fannie Lou Hamer Political Action Committee, along with Republicans, called on the Justice Department to investigate the maps for possible racial gerrymandering.^[31]

On March 5, US District Court Judge William Quarles rejected a challenge to the plan, saying plaintiffs failed to show it violated the state constitution and statues. It was the final challenge to the map.^[32]

Legislative maps

Lower shore growth

One of the first things to become apparent after the release of detailed Census data was that the lower shore grew significantly. This means its districts will need to shed population, becoming smaller and more compact.^[33]

House Bill 50

At the local level, politicians were quick to see other districting problems. House Bill 50 would extend the Constitutional mandate that each of the 47 Districts has one Senator and three Delegates by additionally requiring each county to have at least one Delegate. Lacking this provision going into 2001, sparsely populated Districts, usually on on the Lower Shore of the Chesapeake, met the existing requirement by drawing exceptionally large districts without each county having its own delegate.^[34]

Baltimore to lose influence

Due to a loss of around 30,000 residents, Baltimore is set to lose some of its legislative clout via redistricting. The city must at least forfeit a portion of one of its six legislative districts. Since the 1970s, the city has dropped from 44 legislative seats to 24. ^[35]

Committee releases map

The Governor’s Redistricting Advisory Committee released a proposed map of new legislative districts on December 16. The plan increases the number of majority black districts from 10 to 12 and asks the governor to consider creating a Hispanic majority district in Montgomery County. Officials held a public hearing on the map on December 22. Governor Martin O'Malley (D) will submit the final version of the plan to the General Assembly in January.^[36]

Senate President Mike Miller (D) called the plan "a fair and balanced proposal," while Speaker of the House Michael Busch (D) said it "ensures every Marylander will have a voice in Annapolis."^[37]

Republicans initially criticized the plan for being divisive and highly partisan, but went on to question the integrity of the entire plan after it was discovered that Richard Stewart, one of five members of the Redistricting Advisory Committee, pleaded guilty the prior week to failing to pay nearly $4 million in taxes connected with a business he owns. The governor said Stewart never informed him of his legal troubles and would have no further role in the redistricting process.^[38]

Sent to Assembly

Gov. Martin O'Malley formally presented the new map to the General Assembly on January 11, 2012. Legislators have 45 days to approve the plan or pass an alternative map. If they do not pass an alternative plan, O'Malley's proposal automatically becomes law.^[39]

The Fannie Lou Hamer Political Action Committee, a black activist group, says it will sue the state if the map is approved by the legislature. The group argued that the plan violates the federal Voting Rights Act by purposely reducing black influence and violates state laws by splitting more boundaries and counties than is necessary.^[40]

Alternative maps

With O'Malley's map set to become law on February 25, House legislators put forth five alternative plans, but none of them have been scheduled for committee hearings. Del. Susan Krebs (R) said, “There should be hearings for all the alternatives, and they all should be considered. We believe our plans should have the courtesy of a hearing.”^[41]

A spokesman for Speaker Michael Busch (D) said that without consensus on an alternative plan hearings were unlikely and the chamber's time could be spent better. While both sides have criticized the plan, they are mostly focused on other issues at this point, such as same-sex marriage and the budget. No alternative plans were presented in the Senate, but both chambers have filed bills that would change the redistricting process in the future.

Plan becomes law

Gov. Martin O'Malley’s (D) plan for new legislative districts became law on February 24 after the House and Senate declined to vote on it.^[42]

Legal issues

Harford County lawsuit

In Harford County the Republican-controlled County Council determined that the Democratic Party is a "fringe" party -- meaning it would be shut out of the redistricting process. In the previous election, Democrats only garnered 12 percent of the total votes, which is below the county-established 15 percent figure in order to be eligible to sit on the redistricting committee. Democrats have been outraged, while Republicans have argued that to make an exception for Democrats would open the door for third parties (Green Party, Libertarian Party, etc...) to file similar complaints.^[43][44]

On Thursday, March 10, 2011, Democrats filed suit, seeking to stop any recommendations of the redistricting committee from being considered, thus making good on their threat to sue if two or more of their members weren't seated on the advisory commission charged with redistricting. While Harford's Charter explicitly contains the 15% threshold to be considered a major party and to be eligible for sitting on advisory committees, Democrats say the meaning of the charter has changed over time. They will likely base part of their legal argument on the fact that, if only the election results for the City Council President were removed and the polling percentage of Democratic candidates were reweighted, they would have pulled in 21.5% of the vote and thus would have exceeded the threshold.^[45]

Dilution of agriculture-related electorates

Maryland resident Howard Gorrell filed suit over the new congressional redistricting map in U.S. District court on October 27, 2011, arguing that it unnecessarily dilutes the "voting power of agriculture-related electorates" in the 6th congressional district and is gerrymandered.^[46] The suit asked the court to assume jurisdiction and redraw the map. ^[47]

On January 19, 2012, U.S. District Judge William D. Quarles Jr. dismissed the suit, ruling against all of Gorell's arguments.^[48]

Citizen/GOP lawsuit

On November 10, 2011, nine Maryland citizens filed a joint lawsuit in federal court, charging the state with civil rights violations as a result of the recently approved Congressional districts. Expected to cost over $250,000, the suit will be largely financed by the nonprofit Legacy Foundation of Iowa, with money from Republican Congressmen Roscoe Bartlett and Andy Harris. The plaintiffs put forth four main arguments alleging civil rights violations: the 5th Congressional District should be a majority-minority voting district, Districts 4 and 7 should have a stronger black vote, Districts 2 and 3 were politically gerrymandered, and the Equal Protection Clause of the 14th Amendment was violated in Montgomery County.^[49]

Throwing the Party's support behind the suit, Maryland Republican Party Chairman Alex Mooney said, “We join the Fannie Lou Hamer PAC, the Legacy Foundation, Marylanders for Fair and Coherent Representation, and citizens from across Maryland to reaffirm our belief that redistricting should not be done solely on partisanship or incumbent preference. We are eager to see the Governor’s map remedied so that the rights of all Marylanders, regardless of race, geography or political affiliation, are not denied.”^[50]

The lawsuit won an initial victory on November 21 when U.S. District Judge Roger Titus ruled the suit could go ahead and should be heard by a three-judge panel. The move was a blow to Maryland Attorney General Doug Gansler, who argued the case should be dismissed.^[51] On November 29, 4th U.S. Circuit Court of Appeals Judge William Traxler, Jr. announced a three-judge panel consisting of Judge Paul Niemeyer, Judge Alexander Williams and Judge Roger Titus to hear the case.^[52]

Arguments were presented before the court on December 20. That same day the Attorney General's office filed pleadings asking the court to issue an opinion by the end of the week. Maryland's primary was April 3, 2012, with the deadline for congressional candidates falling on January 11. Under federal law, overseas ballots must be sent out by February 17. A delayed ruling could jeopardize the ability to print up ballots in time.

On December 23, the panel dismissed the suit, stating that the plaintiffs failed to meet the burden of proof for any of their claims. In regard to the allegation that the map discriminated against African-Americans by failing to create a third majority-black district, the court said the residents of the additional proposed district were not shown to be a single community of interest.

Judge Paul Niemeyer explained, "The crucial weakness in the plaintiffs' evidence is that it concerns residents of their proposed congressional district in general, and not minority residents specifically. In the absence of this kind of specific evidence, we may not accept bare assertions that the area's African-American residents share the same characteristics, needs and interests."^[53]

The panel also said plaintiffs failed to show the map was a partisan gerrymander.^[54] Representatives of the Fannie Lou Hamer Foundation Political Action Committee said they would take the case to the United States Supreme Court if they could find the resources.^[55] On January 20, 2012, the group filed a notice of appeal. Attorney Jason Torchinsky said the appeal focuses on the law counting prisoners in their home districts, rather than where they are imprisoned. They will not be appealing other arguments in the case, but plan to argue that all states should count population in the same manner for congressional reapportionment.^[56]

If they do not succeed in appealing, opponents of the approved plan say they may start a petition drive to put the issues before voters in a fall referendum. In order to achieve that, organizers would have to collect 55,736 valid signatures, including 18,579 by May 31.^[57]

Commissioner Smith lawsuit

Frederick County Commissioner Paul Smith filed suit against the state's new congressional plan on November 22 for failing to design contiguous and compact voting areas. Smith filed the suit in the Maryland Court of Appeals and in Anne Arundel County Circuit Court, hoping for an expedited ruling. Under the approved map Frederick County is divided into two congressional districts - something that has not happened in some 200 years.^[58]

The case in the Maryland Court of Appeals was rejected on procedural grounds on January 10. The case in Anne Arundel County Circuit Court is still pending.^[59]

Possible referendum

A referendum petition to overturn Maryland's congressional redistricting plan passed in October 2011 may appear on the November 6, 2012 ballot. Maryland Delegate Justin Ready, who is spearheading the move, announced on March 27, 2012 that the referendum would move forward with collecting signatures. In order to qualify for the ballot supporters are required to collect a minimum of 55,736 valid signatures.

Under the new map, the number of Carroll County delegates is reduced from four to three. Ready stated, "The map, which passed in October, takes Carroll County out of its traditional pairing with Western Maryland and splits us into two congressional districts. So, Taneytown is in the same district as Ocean City and Westminster is connected to Silver Spring in a district that is shaped like the country of Thailand."^[60]

Citizen Activism

On August 24, 2011, a coalition of minority groups led by the NAACP asked Gov. Martin O'Malley (D) to release proposed congressional redistricting plans 30 days prior to the special legislative session slated to commence on October 17. While O'Malley has scheduled 12 public hearings across the state, the NAACP said those settings only allow the public to provide general comments, not specific ones. More time is needed, they say, to ensure the lines are not drawn in such a way that would dilute the minority vote. The groups also asked the governor to release legislative redistricting plans 60 days prior to the beginning of the regular session in January.^[61]

In a letter to O'Malley, Maryland NAACP President Gerald Stansbury stated, “Releasing these plans early ensures that citizens have an opportunity to review the redistricting plan that will be debated in the General Assembly, and gives citizens a chance to express their concerns to the governor, the Redistricting Advisory Committee and their representatives in the state legislature.”^[62]

Timeline

In order to provide candidates with time to campaign for the 2012 elections, Maryland's General Assembly plans to meet October 17, 2011 for a brief special session.^[63] That session is anticipated to be dedicated to Congressional Districts since legislative seats are not up for election again until 2014. The early plan is to dedicate a separate session, perhaps in 2012, to those boundaries.^[64] Sometime before then, Democratic Governor Martin O'Malley is to name a special advisory committee for redistricting.^[65]

The following timeline was provided by the Maryland Department of Planning.^[66]

Maryland 2010 Redistricting Timeline
Date	Action
March 2011	Census 2010 Redistricting population counts received from Census Bureau
Spring/Summer 2011	Regional public hearings conducted throughout the state for Congressional and State Legislative Redistricting.
July 2011	Governor's Redistricting Advisory Committee appointed.
October 17, 2011[67]	Special legislative session called to adopt Congressional redistricting plan.
January 11, 2012	Governor submits State Legislative Redistricting Plan to President of Senate and Speaker of House of Delegates to be introduced as joint Resolution to Maryland General Assembly on first day of Maryland's 2012 legislative session.
February 14, 2012 April 3, 2012[68]	State primary election to include revised Congressional districts.
By February 25, 2012	Alternative state legislative district plan must be adopted by this date or the Governor's plan is adopted.
Fall 2014	State primary and general election to include revised State legislative districts.

Primary date

In 2011, lawmakers moved the 2012 primaries from February to April, giving themselves more leeway on Congressional redistricting.^[69]

History

Deviation from "Ideal Districts"

2000 Population Deviation[70]
Office		Percentage
Congressional Districts		0.00%
State House Districts		9.89%
State Senate Districts		9.91%
Under federal law, districts may vary from an 'Ideal District' by up to 10%, though the lowest number achievable is preferred. 'Ideal Districts' are computed through simple division of the number of seats for any office into the population at the time of the Census.

Partisan registration by district

2010

Partisan Registration and Representation by Congressional District, 2010[71]
Congressional District		Democrats	Republicans	Unaffiliated	District Total	Party Advantage*	111th Congress	112th Congress
1 (Eastern Shore)		196,183	196,411	78,590	471,184	0.001% Republican
2 (Baltimore area)		241,628	92,085	60,137	393,850	162.39% Democratic
3 (Baltimore area)		240,852	114,282	78,945	434,079	110.75% Democratic
4 (Washington, DC suburbs)		314,380	50,596	63,481	428,457	521.35% Democratic
5 (Prince George, Anne Arundel)		277,134	118,109	78,797	474,040	134.64% Democratic
6 (Northwest Maryland)		159,715	208,024	77,940	445,679	94.98% Republican
7 (Baltimore and Howard Counties)		283,827	64,222	55,940	403,989	341.95% Democratic
8 (Montgomery County)		243,560	81,885	91,562	417,007	197.44% Democratic
State Totals		1,957,279	925,614	585,392	3,468,285	111.46% Democratic	7 D, 1 R	6 D, 2 R
*The partisan registration advantage was computed as the gap between the two major parties in registered voters.

Constitutional explanation

With respect to congressional redistricting, the Maryland Constitution is silent. The General Assembly, with the authority of Congress, redistricts congressional seats.^[72]

Authority for legislative redistricting is provided to the Governor of Maryland in Section 5 of Article III.

See also

• State Legislative and Congressional Redistricting after the 2010 Census
• State-by-state redistricting procedures

External links

• Maryland Legislative Redistricting Home page

• 2010 U.S. Census Data on Maryland

• Interactive redistricting map at the Maryland Department of Planning and Redistricting

References

v • d • e Redistricting State Redistricting Pages Alabama · Alaska  · Arizona · Arkansas · California · Colorado  · Connecticut  · Delaware · Florida  · Georgia  · Hawaii  · Idaho  · Illinois  · Indiana  · Iowa  · Kansas  · Kentucky  · Louisiana  · Maine  · Maryland  · Massachusetts  · Michigan  · Minnesota  · Mississippi · Missouri  · Montana · Nebraska · Nevada  · New Hampshire  · New Jersey  · New Mexico  · New York  · North Carolina · North Dakota  · Ohio  · Oklahoma · Oregon · Pennsylvania  · Rhode Island  · South Carolina · South Dakota  · Tennessee · Texas  · Utah · Vermont  · Virginia  · Washington  · West Virginia · Wisconsin · Wyoming State-by-state redistricting procedures • Redistricting news desk • Redistricting lawsuits relating to the 2010 Census • Partisan balance of redistricting committees in 2011 • Redistricting Activist Organizations • Redistricting Roundup • Status of redistricting maps after the 2010 census