Opponents of the governor’s legislative redistricting plan took their final shot yesterday at persuading Maryland’s highest court to toss out or revise the map, arguing it divides communities so often as to be unconstitutional.
“This plan does so much violence to established communities … that it must not stand,” said Paul D. Raschke, an attorney for residents and politicians from Anne Arundel and Baltimore counties. “The plan shifts power from Baltimore County to Baltimore City in a way that is unprecedented.”
But Deputy Attorney General Carmen M. Shepard said Gov. Parris N. Glendening’s plan meets legal requirements. Those include that districts be within 5 percent of their ideal population and that minorities have a fair chance at getting elected where possible.
“It’s very difficult to draw plans that don’t cross boundaries,” Shepard said. “This is a lot harder than it looks. If [the opponents] could have submitted a plan … that would have fixed all the problems, they would have.”
Several members of the Court of Appeals indicated through their questions that they are considering changes to the map.
The judges sharply questioned Shepard about Eastern Shore districts and the way Baltimore City and Anne Arundel and Baltimore counties are divided.
“Most citizens want their representatives to live in the same county they live in,” said Judge John C. Eldridge. “I suspect if you put this governor’s plan on the ballot, it would lose 2 to 1.”
Lawyers said they expect the court to issue its finding quickly, perhaps as soon as today.
Because of the legal challenges, the deadline for General Assembly candidates to establish residency in their districts has been extended until July 1, and they have until July 8 to file for the fall election.
The plan also is being challenged in federal court for failing to create enough opportunities for minorities.
Glendening’s map for redistricting – a process required once a decade to reflect the latest census data – shifts two state Senate districts from the Baltimore region to the fast-growing Washington suburbs. It affects all 188 legislators. The map automatically took effect on the 45th day of this year’s General Assembly session when lawmakers failed to make any changes to it.
Yesterday’s 5 1/2 -hour hearing focused on the report of retired Judge Robert L. Karwacki, who heard testimony on the 14 legal challenges as a special master appointed by the appeals court. He rejected all but one.
No mention was made of attempts by several Democratic lawmakers to contact members of the court, which prompted ethics and legal complaints from the state Republican Party.
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The only change Karwacki recommended was that Somerset County be joined with Worcester and Wicomico counties to restore the lower Eastern Shore district of Republican Sen. J. Lowell Stoltzfus. Members of the court appeared to support that finding yesterday.
Several judges were openly skeptical of other portions of the map – particularly the decision to join two precincts of southeastern Baltimore County to an Anne Arundel district by crossing the Patapsco River.
They also questioned the number of districts that cross into Baltimore County but have a majority of residents living in other jurisdictions.
When the court ruled that Maryland’s redistricting plan from the 1990 census was constitutional, the majority wrote that it came “perilously close” to being illegal because five city districts crossed into the county.
“Since then, there’s been a shift of 140,000 residents,” said Judge Alan M. Wilner. “The fact you had five crossings then doesn’t mean if you have five now, that’s OK.”
Despite some apparent misgivings, judges noted that they must act quickly and wondered whether it’s too late to make significant changes.
“The time is running all the time,” said Chief Judge Robert M. Bell.
Lawyers disagreed on how quickly new maps could be drawn. Opponents said new districts could be completed within days. But Shepard said that none of the critics has come up with a constitutionally permissible, more attractive alternative map, indicating that it would be difficult to make changes.