Note: Redistricting takes place every 10 years after completion of the United States Census. The information here pertains to the 2010 redistricting process. For information on more recent redistricting developments, see this article. |
Redistricting in Maryland | |
General information | |
Partisan control: Democrat | |
Process: Legislative | |
Deadline: 1st Day of 2012 Session | |
Total seats | |
Congress: 8 | |
State Senate: 47 | |
State House: 141 |
This article details the timeline of redistricting events in Maryland following the 2010 census. It also provides contextual information about the redistricting process and census information.
During the 2010 redistricting cycle, Maryland employed two distinct processes for legislative and Congressional redistricting. With respect to Congressional redistricting, the Maryland General Assembly held responsibility by proposing and passing the redistricting plan as ordinary legislation. The Governor of Maryland had the power to veto the plan. For legislative redistricting, the Governor was responsible for drafting plans and submitting the new maps to the General Assembly. The Governor appointed an advisory commission to assist in this task. Once the Governor submited a plan, chamber leadership was required to introduce the plan as a joint resolution. The General Assembly then chose to adopt the plan or pass another. If a plan was not adopted by the 45th day of the session, the Governor's plan would become law.[1]
The Maryland Constitution didnot directly address Congressional redistricting. The General Assembly, with the authority of Congress, redistricted Congressional seats.[2]
Authority for legislative redistricting was provided to the Governor of Maryland in Section 5 of Article III.
The members of the Governor's Redistricting Advisory Committee were:[3]
The members of the Governor's Redistricting Advisory Committee were:
The Redistricting Advisory Committee held 13 public hearings between July 23 and December 22 across the state.[4]
At 9 percent, Maryland's overall growth was just below the national average. Within the state, the white population shrank by 128,000 residents while minority populations, particularly Hispanics, grew. The percent of Marylanders that were Hispanic doubled to 8 percent of the total state population. The portion identified as white fell from 62 percent to 55 percent. Minority growth among Black and Asian populations occurred primarily in the suburbs of Washington, DC.
Some counties also experienced individual growth rates that exceeded the state and national averages, reaching as high as 28 percent[5]
Governor O'Malley signed a bill requiring prison inmates to be counted at their last known address prior to incarceration in April of 2010 - the first of its kind in the U.S. Backed by 13 Senators and more than 80 Delegates, the No Representation without Population Act was presented as a remedy to rural counties, which housed most of Maryland's prisons, having artificially high population counts. The federal government stopped the law’s implementation a year later.[6]
Several Maryland agencies signed off on adjustments made to population figures after the February 2011 delivery of Census data.[7] 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 appealed directly to the U.S. Justice Department to get that information.
If Maryland's Department of Planning, which led the appeal, successfully implemented its plan, rural counties would have lost population compared to the official counts. Somerset County's official population figure would have dropped 10 percent, while Allegany and Washington Counties would each have lost around 3 percent. The counties that would have benefited from the act were the ones that were previously home to many inmates.[8]
The Maryland Republican Party released a redistricting plan it said would do "what is best for Maryland residents, not career politicians." Specifically, the plan aimed at creating compact, contiguous districts and a third minority-majority district. In a more partisan move, the plan paired Democratic Congressmen Dutch Ruppersberger and John Sarbanes in the same district. However, only one of the advisory commission's members was a Republican.[9] The full plan can be found here.
The Baltimore Sun obtained copies of two maps considered by Democrats near the end of September 2011.[10]
The Governor’s Redistricting Advisory Committee released its recommended map on October 3, 2011. Republicans criticized the proposal for separating like-minded communities while joining areas with few commonalities. The proposed map added traditionally Democratic voters to the 6th District, represented by Rep. Roscoe Bartlett (R), who had served since 1992.[11]
A few Democrats were also critical of the addition of conservative areas to the African-American majority 4th District, then represented by Donna Edwards.[12] Edwards said, “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.”[13] Montgomery County Council President Valerie Ervin (D) said the proposal looked like gerrymandering and that "African American voters were taken for granted once again."[14]
The newly formed Detroit-based Fannie Lou Hamer Political Action Committee[15] threatened to file suit against the state if the plan was enacted, alleging racial gerrymandering. A spokesman for the PAC said they were working with the GOP to create a third African-American majority district.[16]
The public had seven days to comment on the proposal prior to its introduction to the legislature. Members of Maryland's Tea Party movement rallied on October 18 in Annapolis to protest the proposal.[17]
Republican state Delegate Michael Hough announced on October 12, 2011, that he would be introducing The Maryland Fair Representation Congressional Plan during the special session. The plan included three minority districts, echoing the desires of the Fannie Lou Hamer Political Action Committee.[18]
Hough said, "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."[15]
The special session began on October 17. 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 Republican Party.[19] Rep. Donna Edwards (D) introduced a proposal to create a third majority minority district, which earned the support of Del. Ana Sol Gutierrez prior to the session.[20]
The governor's plan advanced in the state Senate, and, after about an hour of debate, passed 33-13.[21][22]
All 12 Republicans voted against the map, along with 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,” Muse said.[23]
The House took up the map on October 19 and passed it 91-46. All 41 Republicans, along with 5 Democrats, voted against it.[24] All five dissenting Democrats were from the Washington, D.C., 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.[25] Less than 24 hours later, the Fannie Lou Hamer Political Action Committee and a group of legislative Republicans called on the Justice Department to investigate the maps for possible racial gerrymandering.[26]
On March 5, 2012, U.S. District Court Judge William Quarles rejected the final legal challenge to the plan, saying plaintiffs failed to show it violated the state constitution and statutes.[27]
In mid-July 2012, the Maryland State Board of Elections announced that opponents of the map had collected a sufficient number of signatures in order to place the issue on the November 6 ballot. Opponents of the map needed 55,736 signatures in order to qualify their petition. Supporters of the petition drive argued that the map was gerrymandered in order to favor Democrats.[28] The Referendum, if approved, would have overturned the congressional redistricting plan.
House Bill 50 was introduced in January 2011 and would have extended 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 the Lower Shore of the Chesapeake Bay, met the existing requirement by drawing larger districts without each county having its own delegate.[29]
The Governor’s Redistricting Advisory Committee released a proposed map of new legislative districts on December 16, 2011. The plan increased the number of majority Black districts from 10 to 12 and asked the governor to consider creating a Hispanic majority district in Montgomery County. Officials held a public hearing on the map on December 22, 2011.[30]
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.[31]
Republicans called the plan divisive and 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 owned. Gov. Martin O'Malley (D) said Stewart never informed him of his legal troubles and would have no further role in the redistricting process.[32]
O'Malley formally presented the new map to the Maryland General Assembly on January 11, 2012. Legislators had 45 days to approve the plan or pass an alternative map. If they did not pass an alternative plan, O'Malley's proposal would automatically become law.[33][34]
The Fannie Lou Hamer Political Action Committee said it would sue the state if the map was approved by the legislature. The group argued that the plan violated the federal Voting Rights Act by purposely reducing Black influence and violated state laws by splitting more boundaries and counties than was necessary.[35]
With O'Malley's map set to become law on February 25, 2012, House legislators put forth five alternative plans, but none of them were 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.”[36]
A spokesman for Busch said that without consensus on an alternative plan hearings were unlikely and the chamber's time could be spent better. No alternative plans were presented in the Senate, but both chambers filed bills that would change the redistricting process in the future.
O'Malley's plan for new legislative districts became law on February 24, 2012, after the House and Senate declined to vote on it.[37]
In Harford County the Republican-controlled County Council ruled that the Democratic Party was a fringe party -- meaning it would not be allowed to participate in the redistricting process. In the previous election, Democrats only garnered 12 percent of the total votes, which was below the county-established 15 percent figure in order to be eligible to sit on the redistricting committee. Republicans argued that to make an exception for Democrats would open the door for third parties (Green Party, Libertarian Party, etc.) to file similar complaints.[38][39]
On Thursday, March 10, 2011, Democrats filed suit, seeking to stop any recommendations of the redistricting committee from being considered. 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 said the meaning of the charter changed over time. They based 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.[40]
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 diluted the "voting power of agriculture-related electorates" in the 6th Congressional District and was gerrymandered.[41] The suit asked the court to assume jurisdiction and redraw the map.[42]
On January 19, 2012, U.S. District Judge William D. Quarles dismissed the suit, ruling against all of Gorell's arguments.[43]
On November 10, 2011, nine citizens filed a joint lawsuit in federal court, charging the state with civil rights violations as a result of the recently approved Congressional districts. 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.[44]
The Maryland Republican Party supported the lawsuit. 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.”[45]
The lawsuit won an initial victory on November 21, when U.S. District Judge Roger Titus ruled the suit could be heard by a three-judge panel.[46] 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.[47]
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 had to be sent out by February 17. The start argued that a delayed ruling could have jeopardized the state’s ability to print up ballots in time.
On December 23, 2011, 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 wrote, "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."[48]
The panel also said plaintiffs failed to show the map was a partisan gerrymander.[49] 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.[50] On January 20, 2012, the group filed a notice of appeal. Attorney Jason Torchinsky said the appeal focused on the law counting prisoners in their home districts, rather than where they are imprisoned. They did not appeal other arguments in the case, but planned to argue that all states should count population in the same manner for congressional reapportionment.[51]
If they did not succeed in appealing, opponents of the approved plan said they might start a petition drive to put the issues before voters in a fall referendum.[52]
Frederick County Commissioner Paul Smith filed suit against the state's new congressional plan on November 22, 2011, alleging the state failed 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 was divided into two congressional districts - something that had not happened for 200 years.[53]
The Maryland Court of Appeals rejected the case on procedural grounds on January 10, 2012.[54]
A referendum petition to overturn Maryland's congressional redistricting plan passed in October 2011 was on the November 6, 2012 ballot. Del. Justin Ready announced on March 27, 2012, that the referendum would move forward with collecting signatures. In order to qualify for the ballot supporters were required to collect a minimum of 55,736 valid signatures before June 1.
Under the new map, the number of Carroll County delegates was reduced from four to three. Ready said, "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."[55]
The referendum was certified for the ballot in July and on July 26 the Maryland Democratic Party filed a lawsuit seeking to overturn the petition drive. Many of the signatures were collected through an online process that automatically filled in most of the information required on petitions. According to the suit, this process violated the law by filling out petitions with voter information. It also argued that at least 5,000 signatures that were certified as valid were in fact invalid. Striking these signatures would bring the total number below the required number to get the issue on the ballot.[56]
The following timeline was provided by the Maryland Department of Planning.[57]
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[58] | 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 a joint resolution to the Maryland General Assembly on first day of Maryland's 2012 legislative session. |
April 3, 2012[59] |
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. |
2000 Population Deviation[60] | |||||||
---|---|---|---|---|---|---|---|
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 percent, 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 and representation by Congressional district, 2010[61] | ||||||||
---|---|---|---|---|---|---|---|---|
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. |
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