Tag Archives: redistricting

Is Maryland like Georgia and Wisconsin?

By Barry Rascovar

June 26, 2017—Taken together, developments in Georgia (special election) and Wisconsin (redistricting lawsuit) have been read by some Maryland Republicans as positive indicators that things finally are moving in their direction in a state overwhelmingly controlled by Democrats.

Retaining a Republican House seat in Georgia indicates to this state’s GOP that there’s been no mudslide erosion of support within the party from President Trump’s erratic behavior.

Getting the Supreme Court to jump into the Wisconsin redistricting lawsuit means Maryland Republicans might get their state’s gerrymandered, Democratic-leaning congressional districts thrown out, too.

Yes, hope springs eternal, but a closer look at these two developments paints a far less rosy picture for Maryland’s minority party, outnumbered 2-1 by Free State Democrats.

Expected Victory for GOP

The Georgia special election should have not been close. This is a solidly Republican district in the growing Atlanta suburbs that hasn’t had a Democratic congressman in almost 40 years.

In 2014, Republican incumbent Tom Price won by nearly 24%. Yet this year the GOP’s winning margin plunged to 4%.

That shrinkage mirrors similar special elections in Montana and Kansas where the Republican candidates won but not by landslide margins of prior years.

The Trump factor is largely to blame. His controversial early months in office have roiled much of the electorate, even in safe GOP districts. The public’s distaste for Trump hasn’t reached the tipping point yet, which is good news for Republicans.

In Maryland, that’s especially true for Gov. Larry Hogan as he begins to chart his re-election course. The last thing Hogan needs is the Trump albatross around his neck.

This explains Hogan’s unexpected decision to criticize the Senate Republican health-care bill. Polls show nearly two-thirds of Americans dislike Republican health-reform proposals and Hogan doesn’t want to be standing by Trump on the wrong side of this issue.

It’s hard to imagine that a newly elected president could become so unpopular so quickly. Trump in just five months has seen his popularity ratings drop into in the mid-30s. Some recent polls have him in the high 20s.

At this rate, imagine what the voting public will think of the incumbent president when they go to the polls in November 2018.

So while the results of the Georgia special election on the surface look good for Republicans, the narrowness of the victory should scare GOP incumbents in marginally Republican districts, such as the Miami and Philadelphia suburbs.

It underlines Hogan’s delicate balancing act in Maryland: retain absolute loyalty from rank and file Republicans while appealing to independents and moderate Democrats.

So far, Hogan has done a magnificent job avoiding GOP erosion while not losing his broader appeal.

Still, if 2018 becomes a “message election” in which voters across the country let Trump know they don’t like his bizarre performance, Hogan could struggle to win a second term. Separating his own political persona from Trump’s is key.

Gerrymandering Meanders into Court

Meanwhile in Wisconsin, a redistricting case involving gerrymandered state Assembly districts has made it to the Supreme Court. Republicans in Maryland have their own gerrymandering case in federal court.

Would a victory over gerrymandering in the Wisconsin case mean a huge GOP win in the Maryland case?

That may not be the logical conclusion.

Maryland’s redistricting maps, while grotesque in geographic design, don’t come close to carrying out one-party gerrymandering the way the GOP did in Wisconsin.Is Maryland Like Georgia and Wisconsin?

That state is marginally Republican. Barack Obama captured the Dairy State in 2012 by 7%, but Republican Gov. Scott Walker won reelection in 2014 by 6%. Last year, Republicans won the presidential vote in Wisconsin by less than 1%.

The 2011 state legislative redistricting map Republicans enacted packed Democratic voters into a small number of districts in the state’s two urban areas – Milwaukee and Madison. That allowed the GOP to create Republican majorities in nearly two-thirds of the state’s Assembly districts –a “baked in majority” of 20 seats. In recent elections, Republicans have gained 15% more seats in the legislature—despite the almost-even split in statewide races.

A district court and an appeals court agreed this sort of gerrymandering goes too far. Now the Supreme Court will hear arguments in the fall.

Maryland’s redistricting lawsuit is quite different. Plaintiffs face an uphill battle in spite of the Wisconsin court rulings. That’s because the voter registration numbers don’t appear to support the GOP’s contention that political gerrymandering severely discriminates against Republican voters.

The GOP complains about the 6th Congressional District, which used to be represented by Republican Roscoe Bartlett until Democrats re-drew the boundaries by attaching Democratic parts of Montgomery County to Republican Western Maryland.

Suddenly a district that elected Bartlett with 59% of the vote in 2010, swung Democratic, electing John Delaney in 2012 with 59% of the vote.

Yet that large Democratic advantage didn’t hold up two years later, when Delaney won by just 1.5% of the 6th District vote.

Last year, facing a weaker Republican nominee, Delaney won with 56%.

The voter registration in that district (based on the 2010 Census) is fascinating: 43% are Democrats, 31% are Republicans and the rest, 26%, unaffiliated, Green Party or Libertarian.

It’s a competitive district. If Delaney decides at the end of July to run for governor, the race for his congressional seat could be wide open.

That’s hardly a winning court argument against gerrymandering.

The 6th District also is fairly compact, even with the addition of the Montgomery County precincts (instead of moving directly east the district turns due south).

Moreover, there’s precedent for turning Western Maryland and Montgomery County into a single congressional district: For decades, this was the case with Republicans J. Glenn Beall Jr. and Charles “Mac” Mathias from Western Maryland representing the combined areas – without a peep about unfair gerrymandering.

Republicans also complain about the 3rd Congressional District’s weird shape (like “a winged pterodactyl” according to an appeals court judge). The GOP says this illustrates Democratic efforts to dilute GOP strength, since only 25% of registered district voters are Republicans and 55% are Democrats.

The litigants have a point on the complete lack of compactness. Their argument falls apart, though, over the dilution of GOP strength. It turns out the 3rd District’s party split (55-25%) almost precisely mirrors Maryland’s party split (55-26%).

Republicans may be at a disadvantage in all but one Maryland congressional district. However, that’s due to the GOP’s 2-1 voter registration deficit statewide.

Still, it would be in the public’s best interest for the Supreme Court to get involved, once again, and clearly delineate general rules for redistricting after the 2020 Census.

There always will be political manipulation – by either party. But if the high court rules that all districts must be compact, contiguous and respectful of neighborhoods and natural boundaries, it would go a long way toward straightening out the extreme gerrymandering that plagues far too many states.

###

Gerrymandering: Here to Stay

By Barry Rascovar

October 5, 2015 – Good intentions and wishful thinking will not get advocates of redistricting reform very far. They fail to grasp that the process is 100 percent political. The sweeping changes they seek won’t happen.

Reporters, editors and editorialists are strongly on the side of the reformers. So are political science academics and supporters of “good government.”

None of that matters one iota.

Ever heard of a homeowner relinquishing ownership of half his acreage so his neighbor can construct an obnoxious tennis court and swimming pool that increases the neighbor’s property value but decreases yours?

Ever heard of a politician putting his reelection in grave jeopardy by giving away his most loyal precincts?

Self-protection is a natural human response. Asking someone to place his or her career in harm’s way – especially a politician – is counter-intuitive.

Gerry’s Salamander

From the inception of political parties in this country, redistricting has been ruled by each major party’s burning desire to gain every conceivable advantage to win elections.

Thus in 1812, Massachusetts Gov. Elbridge Gerry (pronounced with a hard G) re-drew state senate districts to help his Democratic-Republican (Jeffersonian) Party. One of Gerry’s distorted Senate districts wrapped around Boston like a salamander.

At least that’s how the Boston Gazette depicted it in a now-famous cartoon, giving birth to the conjoined name, “gerrymander.”

Gerrymandering: Here to Stay

Famous redistricting cartoon from 1812 turning Gerry’s new state Senate district into a salamander.

The scheme worked, keeping the state Senate in Democratic-Republican hands.

Over 200 years later, little has changed.

Rules laid out by the courts require equally populated districts after each Census and due regard for forming majority-minority districts when feasible. In each state, local courts and laws set out additional mandates for state legislative districts, such as respect for geographic boundaries and communities of interest.

But ever since the early 1800s, one thing has remained constant in the United States: the political imperative of the party in power to tilt redistricted lines heavily in their favor every ten years.

Each Party is Guilty

In Republican-dominated states like Texas, that means grossly distorted political boundaries that throw most elections to Republican candidates. In Democratic Maryland, it means the reverse.

Maryland Democrats used their dominance in Annapolis to re-draw congressional lines in some weird ways after the 2010 Census.

Maryland's Current Congressional Districts

Maryland’s current congressional districts. Rep. John Sarbanes’ gerrymandered district is the one shown in light green.

Republicans were packed heavily into one district dominated by the Eastern Shore and conservative parts of Harford, Carroll and Baltimore counties.

Meanwhile in sparsely populated Western Maryland, dominant Republicans found themselves outnumbered in a new district that joined them to heavily Democratic and urbanized Montgomery County.

All the other congressional districts were tailor-made to keep Democratic incumbents in office. Not surprisingly, Democrats won seven of Maryland’s eight congressional seats (although the margin in the Western Maryland-Montgomery district last time was razor-thin).

The same tactics were used by Democrats in Annapolis in re-drawing General Assembly districts.

Is Reform Possible?

Maryland Gov. Larry Hogan, Jr., has made a big deal about reforming the redistricting process. What he really wants to do is elect more Republicans and contort future redistricting maps in the GOP’s favor.

He’s got a redistricting commission holding hearings across Maryland, listening to disgruntled citizens and interest groups seeking a more equitable system. They’re also hearing from Republican outsiders who want to get inside the political tent.

The panel’s work is for naught.

Democratic leaders in the General Assembly won’t listen to recommendations for an impartial redistricting process. There is no hope of changing their minds.

Hogan understands this reality, but he knows a good political theme when he sees one. He’s happy to campaign for “fair elections” and point to the prime example of horrendous redistricting – the bizarre congressional boundary lines Rep. John Sarbanes helped draw for himself.

Hogan has a winning campaign pitch with no effective push-back from the other side.

Still, Senate President Mike Miller and House Speaker Mike Busch aren’t about to commit political hari-kari to satisfy Republican Hogan and redistricting reformers.

They hold the high cards in this game of brinkmanship.

What to Do?

There’s no getting around the fact that Maryland’s congressional districts are Exhibit A in what’s wrong with gerrymandering.

That could be overcome if Hogan drops the pretense that he can achieve a redistricting revolution and instead starts dealing realistically with the two Mikes.

Instead of trying to achieve the impossible, why not see if there’s common ground for removing the most flagrant abuses of redistricting?

Why not agree on a panel of six representatives – two pragmatic Republicans and four pragmatic Democrats – with the goal of producing for the governor and legislative leaders new congressional lines that eliminate salamander-like boundaries, that keep districts as compact as possible and that don’t hopscotch all over the state?

The results might be the same – six or seven Democrats and one or two Republicans – because that’s roughly the breakdown of the two party’s voter-registration strength in Maryland.

Yet giving voters compact districts that no longer divide communities three or four ways would help immensely. People might actually know, when asked, who represents them in Congress.

A similar gubernatorial-legislative panel could help the competing parties draw more sensible state legislative district lines.

The idea should be to eliminate the worst aspects of redistricting. That’s doable. Eliminating gerrymandering entirely in Maryland is a non-starter.

2020 Census

In the next redistricting fight after the 2020 Census, Hogan (if he’s still in office) could create headaches for Democrats, especially if Republicans win enough General Assembly seats in 2018 to uphold Hogan’s veto threat.

But Democrats are not going to give away the farm. They won’t sacrifice their built-in advantages.

What we have now is sanctimonious comments from the governor on the need for redistricting reform and support from shiny-bright, good-government supporters and Republican hardliners looking for a way to do in Democrats.

Lots of sound and fury signifying very little.

How nice it would be if Hogan momentarily set aside his political predilections and Miller and Busch did the same. Then they might reach a common-sense compromise that straightens out – somewhat – Maryland’s gerrymandered districts.

That, at least, is a realistic possibility.

###

Redistricting Reform: Mission Impossible?

By Barry Rascovar

Aug. 17, 2015 — Reformers want to take partisan politics out of the redistricting equation. So does the governor. That may be Mission Impossible.

Maryland's Current Congressional Districts

Maryland’s Current Congressional Districts

On the surface, their goal sounds easy to achieve. Pass a state constitutional amendment empowering an impartial panel of citizens to revise Maryland’s congressional and state legislative districts every 10 years (after the new U.S. Census is taken) so the districts conform to the Supreme Court’s 1962 “one-man, one-vote” edict.

Conservative Republican Gov. Larry Hogan Jr. has joined liberal reformers in this crusade. He’s positioned himself so it looks like those mean Democrats are defiantly standing in the way.

As usual, the situation is far more complicated than the cover story.

Hogan’s Goal

The governor’s motives are hardly pure. He’s looking for political advantage for his outnumbered Republican Party. Stripping control of redistricting from the Democratic controlled General Assembly is his objective.

Right now, thanks to manipulation of redistricting maps by Democratic leaders, seven out of eight Maryland congressmen are Democrats. Hogan thinks a 4-4 split would be more like it.

Yet the current distribution isn’t far off the voter registration numbers.

Had state and national Republican organizations given Sixth District challenger Dan Bongino more financial and organizational support last year (he lost by less than 2,800 votes), the congressional split in Maryland would be 6-2, or 25 percent. That’s almost precisely what the GOP’s registered voter figure is in Maryland today.

So maybe Republicans aren’t so bad off under the current redistricting process after all.

GOP Pickup?

Hogan, though, believes creating more evenly balanced districts would benefit the state GOP, particularly in the General Assembly. He’s placing his bet on a non-partisan revision of legislative district lines in 2021 or 2022.

That premise may not be valid, either.

Republicans currently hold 30 percent of the state Senate seats in Annapolis and 35 percent of the House of Delegates seats. Both figures exceed the party’s statewide voter registration percentages.

Even under Democratic control of the redistricting process, the GOP is doing better than expected.

What skews such comparisons are the large number of unaffiliated voters — 672,000 of them statewide. They are neither Republicans nor Democrats yet they make up 18 percent of registered Maryland voters.

Winning over these independents has been the GOP’s downfall in Maryland. When a Republican candidate reaches out to these middle-roaders, like Hogan did, success is more likely.

How unaffiliated voters will react under impartially drawn redistricting maps is unknown. Nothing may change. Or everything.

Miller’s Response

Hogan knows that Democrats in the legislature will not allow him to win this redistricting fight. Senate President Mike Miller, the savviest politician in Annapolis, has said, quite bluntly, “It won’t happen.”

Miller and House Speaker Mike Busch have nothing to gain from cooperating with the governor.  They understand that Hogan will do whatever it takes to help the Republican Party, with or without a new redistricting commission. They’re not going to help him in that effort.

The best practical outcome would be a pledge by both Hogan and the two Democratic legislative leaders to turn to a group of impartial redistricting experts and citizens for their preliminary re-mapping of Maryland after the 2020 Census.

Such early guidance from non-politicians might dissuade either side from creating the kinds of grotesque districts that now dominate Maryland’s congressional boundaries. It also might lead to more sensible boundary lines for legislative districts that respect communities of interest.

Ever since the Supreme Court removed itself from most redistricting decisions, the two political parties have had a field day throughout the country twisting and turning congressional and legislative districts to their advantage. Each party has sinned mightily.

Gerrymandering is a longtime American tradition, starting with Massachusetts Gov. Elbridge Gerry in 1812.

Elbridge Gerry

Elbridge Gerry, Vice President and Mass. governor forever linked to “gerrymandering.”

Trying to remove all political partisanship from this politically sensitive process is wishful thinking.

Still, we can do better than what Maryland has now.

###