Maryland’s highest court began hearing arguments Wednesday in the gerrymandering case that has shaken up the state’s elections calendar, with Republicans arguing that about a dozen recently redrawn legislative districts are politically, demographically or racially unfair.
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Del. Mark N. Fisher (R-Calvert) and Del. Nicholaus R. Kipke (R-Anne Arundel), who are among those who filed suit to challenge the map, argued in court testimony against the district boundaries that cross county lines. Such redrawing, they said, would allow senators and delegates from outside Calvert and Anne Arundel to weigh in on issues specific to their respective counties.
Asked to describe District 33, which is partly in Anne Arundel County, Kipke said, “It’s hard to explain how it is, because it’s so jagged.”
Maryland court delays state’s primary until July amid redistricting challenge
The map, approved by the Democratic-controlled General Assembly in December, dictates the boundaries for state Senate and House districts. Under the state constitution, each legislative district is supposed to consist of adjoining land, be compact and have a substantially equal number of residents. The map must give “due regard,” it says, to natural boundaries and the boundaries of political subdivisions.
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Political analyst Sean P. Trende, testifying for the plaintiffs, which include Republican lawmakers and voters in Republican districts, called one district spanning Howard and Anne Arundel counties a “serial offender” because it did not meet most of the constitutional requirements. Only 95 of the more than 13,000 legislative districts in the country were worse, he said. Attorneys from the state attorney general’s office, which is defending the work of the Democratic-controlled legislature, attempted to undermine Trende’s credibility as an unbiased witness.
None of the lawmakers who participated on the Maryland Legislative Redistricting Advisory Commission will testify in the proceedings, which are led by retired Court of Appeals judge Alan M. Wilner, who is serving as special magistrate. In earlier court action, a motion was denied to obtain information about the commission’s process because of legislative privilege.
The Court of Appeals will decide whether the current map is legal and should stand or must instead be thrown out and redrawn. The court could also order that another redistricting map, drawn by a citizen commission appointed by Gov. Larry Hogan (R) and presented to legislative leaders this year, should replace the map approved by the legislature.
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“For decades, the Maryland General Assembly has done everything in their power to control who wins, who loses, and who gets power, but that time is coming to an end,” Doug Mayer, a spokesman for Fair Maps Maryland, had said last month. “Voters rightfully hold that power, not politicians wheeling and dealing in backrooms.”
Last week, Chief Judge Joseph M. Getty ordered a delay in Maryland’s primary election — moving it from June 28 to July 19 — to allow his court time to resolve the legal challenge. In 2002, Getty, who was then a Republican member of the House of Delegates, was one of the petitioners who successfully challenged the legislative map presented by Gov. Parris Glendening (D) and approved by the General Assembly.
The State Board of Elections this week announced several changes to the upcoming election in response to Getty’s delay. Early voting now will run from July 7 to July 14. The deadline to register to vote in the primary is June 28, and July 12 is the new deadline to request a mail-in ballot.
The three-week postponement, which affects all federal, state and local Maryland races, was celebrated by some candidates in the crowded governor’s race who plan to use the additional time to share their vision for the state. Other candidates raised concern that the change, in the middle of summer vacation season, could cause confusion and disenfranchisement.
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“We continue to work with the local boards to review any possible logistical issues resulting from the change to the election calendar, including the availability of early voting centers and election day polling places, recruitment of election judges for early voting and election day, and equipment allocation,” Linda Lamone, the state elections board administrator, said in a statement.
The current Court of Appeals trial comes as an Anne Arundel County circuit court judge weighs a separate decision on a redrawn congressional map, which was the subject of a recent week-long trial.