Tag Archives: Baltimore County

Baltimore County Proposes New Council District Map: Is It Voting Rights Act Compliant?

Baltimore County’s Proposed New Map

In the wake of a federal court granting an injunction against the new map for Baltimore County Council districts due to likely Voting Rights Act violations, Maryland Matters reports that Baltimore County has submitted a new map to the federal court.

The new map still contains only one majority Black district (District 4). However, District 2 has been altered to increase its Black population from 29.6% to 41.2%. Whites no longer form a majority but still are a plurality of 45.8% in the new version of District 2.

Despite Whites outnumbering Blacks in the new District 2, it may satisfy the requirements of Section 2 of the Voting Rights Act and provide Black voters a meaningful opportunity to elect the candidate of their choice. The federal court will have to assess whether that’s the case.

As Blacks tend to participate at a higher rate than Whites in Democratic primaries, Blacks may form a majority in the Democratic primary despite being only 41.2% of the population. If the Black-preferred candidate receives sufficiently high Black support (or additionally gains enough non-Black support), the candidate can win the primary.

In the general election, the Black-preferred Democratic nominee can win as long as enough Black voters support the candidate and sufficient numbers of non-Black, mostly White, voters also vote for the candidate. If enough Whites vote as a bloc for the Republican, the Black candidate could still lose, particularly if White turnout exceeds Black turnout.

These questions about voting behavior are not matters of pure speculation but can be examined. However, the plaintiffs in the lawsuit complained in a brief filed yesterday that Baltimore County had, as of the evening of March 7th, “withheld the data necessary to assess whether the map complies with the Court’s order.” (See the brief embedded below or click on this link.)

Baltimore County should provide the analyses needed to assess the ability to elect in order to show compliance with the court’s order. They should also make available the data to the plaintiffs so that they can conduct their own separate analyses, especially since the answers to these questions are not clear.

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Did Baltimore County Violate the Voting Rights Act? My Guess is Yes.

Baltimore County approved its new councilmanic district map on Monday. Here it is:


And here are the existing districts:

The ACLU of Maryland tweeted that it plans to file a lawsuit challenging the new plan under the Voting Rights Act (VRA). The Baltimore NAACP has already done so. Do they have a case? My educated guess is yes, though one would need to a more thorough analysis of the jurisdiction to be sure and to gather evidence needed for a successful VRA lawsuit.

The Supreme Court established a three-prong test in Thornburg v. Gingles (1986) that still sets the key conditions for proving a violation of Section 2 of the VRA.

First, plaintiffs need to prove that you could draw a “sufficiently large and geographically compact to constitute a majority in a single-member district.” The Baltimore Sun reports that map opponents have already shown that either the First or Second Districts, which are around 30% Black, could be converted into a Black majority district. The Fourth District is 72% Black; it could shed several predominantly Black communities and remain majority Black.

Second, plaintiffs must show that the minority group is “politically cohesive,” which just means that they need to show that Blacks in Baltimore County tend to vote together. This can usually be easily shown through analysis of election returns.

Third, and most crucially, plaintiffs must show that racial bloc voting usually defeats the minority group’s preferred candidate, usually referred to as a “candidate of choice.” Preferred candidates are those who win the vote in the Black community with candidates of the same race considered most probative evidence in a VRA lawsuit. However, non-Black candidates who defeat a Black candidate with the support of Black voters are also considered useful to examine for the purposes of a lawsuit.

In Baltimore County, no Black candidate has been elected to the Council except from the sole majority Black district. In the last state legislative elections, two Black state senators won in Baltimore County—both in majority Black districts. Four Black delegates also won election from majority Black districts. Excluding the district that is mostly in Howard County, the only Black Baltimore County state legislator who represents a non-Black majority district is Del. Carl Jackson but he was appointed in 2019, not elected.

Again, one would need to look more closely and further back to do a proper analysis, but all Black councilmembers and state legislators elected in 2018 won in Black majority districts (excluding Del. Terri Hill who represents the district predominantly in Howard).

In a lawsuit, Baltimore County might well argue that the new version of the First District is a second majority-minority district. In order to win on this basis, the defendants would need to show that the First District provides meaningful opportunity to elect the Black community’s preferred candidate. While it lacks a White majority, Whites form a strong plurality.

Even if plaintiffs win a VRA lawsuit, Baltimore County might not need to draw a second new Black majority district. Just because you need to show that you can draw a Black-majority district to bring a Section 2 lawsuit doesn’t mean that a new Black-majority district must be drawn to satisfy the VRA.

The standard is whether the district provides a meaningful opportunity to elect the minority’s preferred candidate. Since Black voters cast ballots disproportionately in the Democratic primary, they often comprise a majority of Democratic primary voters even when they do not in the voting-age population. This can allow a Black candidate to win the primary even without any White support.

If a Black candidate supported by the Black community can win the Democratic nomination in such a district, and the district is sufficiently Democratic that the nominee would win the general election, that district would still satisfy the VRA even though it is not a Black-majority district.

[Sidenote: If most Blacks voted for a Republican, then the Republican candidate would be the minority preferred candidate. I refer to the Democrats here because the reality is that the Democratic Party usually gets the great majority of the Black vote in Baltimore County and Maryland. But it’s all about the preferences of the voters.]

So why didn’t Baltimore County draw a second district that provides an opportunity for Black voters to elect their preferred candidate? That’s a story for another day.

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SEIU Targets Senator Shirley Nathan-Pulliam for Defeat

By Adam Pagnucco.

The Service Employees International Union (SEIU), one of Maryland’s most powerful labor unions, has targeted District 44 Senator Shirley Nathan-Pulliam for defeat by running one of their own against her.  Aletheia McCaskill, a rank-and-file leader in SEIU Local 500, is announcing her challenge to the incumbent on Saturday.  Nathan-Pulliam has antagonized SEIU and several other progressive organizations by dragging her heels on last session’s sick leave bill, which she ultimately voted for.

Several things make this race interesting.

1.  SEIU has a record of defeating Senate incumbents, including Nat Exum and David Harrington (Prince George’s County), Rona Kramer (Montgomery County) and George Della (Baltimore City). Their negative mail against Exum was particularly devastating.

One of at least seven anti-Exum mailers from SEIU.

2.  Nathan-Pulliam has not had a truly competitive election in her entire career. She walked into her current Senate seat after the incumbent retired and had five straight cakewalk House races before that.  She is also not a great fundraiser, raising $77,695 in the 2006 cycle, $72,363 in the 2010 cycle and $124,732 in the 2014 cycle.  She reported $33,533 in the bank in January.  Those are easy numbers for a big organization like SEIU to overcome.

3.  Many labor organizations have supported Nathan-Pulliam over the years, including AFT Maryland, MSEA, the Fire Fighters, the Police, UFCW Local 400, several building trades local unions, the AFL-CIO and SEIU. Those unions have given her more than $30,000 over the last four cycles.  How many of them will follow SEIU’s lead and dump the incumbent?

SEIU endorses Nathan-Pulliam in 2014.

4.  Nathan-Pulliam has not represented many of her current constituents all that long. True, she has been in office since 1994.  But her district has changed substantially since then.  District 44 now includes a portion of the western part of Baltimore City along with Lochearn, Woodlawn, Catonsville and the areas around US-40 and I-70 in Baltimore County.  Prior to that, Nathan-Pulliam represented District 10.  During the 2000s, District 10 did not include any part of the City and during the 1990s, the City portions it did include are not part of today’s District 44.  This somewhat erodes the advantage a decades-long incumbent would normally have.

5.  At age 78, Nathan-Pulliam could decide not to fight SEIU and simply retire.

We reprint McCaskill’s kickoff announcement below.

*****

Event: Working Families Democrat and SEIU Union Leader Aletheia McCaskill announces a Democratic primary challenge in Maryland’s 44th State Senatorial District

Date:  September 9, 2017, 2:00-4:00

Where: Karate Family Center 1101 N. Rolling Road, Catonsville, MD 21228

Aletheia McCaskill is a wife, mother, activist and advocate who has owned her own small business providing early learning child care services to the residents of West Baltimore and Western Baltimore County for over 20 years.  She got involved on issues of economic justice such as the fight for fair wages and earned sick leave legislation because of the reality she saw in the lives of the families whose children she provided care for.  She has been the Statewide Political Member Leader for the largest Maryland local in the Service Employees International Union and has been a leader in the fight in Baltimore and Annapolis to pass the Women’s Economic Security Agenda- a package of bills aimed at  providing some measure of economic stability for the working families of the 44th.  Aletheia believes that the 44th District deserved a choice, she wants to be our voice in Annapolis fighting for stronger schools and for finally giving our Seniors the services and facilities WITHIN the 44th, that they deserve.

https://www.mccaskill44.com/

For Press or scheduling, please contact:

Mark Jason McLaurin, Political Director

SEIU Local 500

901 Russell Avenue, Suite 300

Gaithersburg, MD 20879

(301) 740-7100 – Voice

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Top Nine Young Guns in The Baltimore Suburbs

1. Caitlyn Leiter-Mason – Originally from Frederick, Caitlyn has been a fixture in western Baltimore County since arriving at UMBC. She was the longtime President of the UMBC College Democrats and is currently managing rising star Baltimore County Councilman Tom Quirk’s reelection bid. She previously worked for Del. Anne Kaiser–a super star rising in the House leadership. There are certainly great things in Caitlyn’s future.

2. Zach Fang – In my opinion, Zach is now the top field director in the State of Maryland. With a DCCC Pedigree, Zach has returned to the Free State more dangerous than ever. Doug Gansler lucked out hiring this guy.

3. Ashley Harden – According to someone on Gansler’s senior staff, this Northwest Baltimore County field organizer is Doug’s best in the state. One Baltimore based Field Operative told me she’s probably the best seen in the Baltimore suburbs since at least 2006.

Anonymous: She’s way too good to stay in Baltimore County, but she just might anyway.

Anonymous: The next Ann Beegle.

4. Tommy Underwood – Tommy is a genuinely nice, decent guy–which is far too rare in politics. He’s done a great job so far managing O’Malley speechwriter Nick Stewart’s state house run and has a very bright future. This guy could be the Executive Director of the Democratic Caucus in 2018.

Anonymous: He’s not only a plugged-in guy with a very easy-going personality, but he’s also one of the hardest workers I’ve come across and sharp politically.

5. Jahantab Siddiqui – Jahantab (more frequently known as JTab) comes from the politically active Siddiqui clan of Howard County. With an extensive resume that extends statewide, I have no doubt that the next Muslim State Legislator in Maryland will be Jahantab. He may have taken a pass this cycle, but he has District 9 State Senator written all over him.  He could be a credible candidate in MD-03 down the line, or statewide. Smart. Charismatic. Handsome. When he runs you can add unbeatable to that list.

Anonymous: Mt. Airy (on the HoCo side) statewide college coordinator with O’Malley ’06 campaign, Field Director of Ulman’s ’06 campaign, Mikulski Staffer, Ruppersberger’s ’12 campaign, and currently with MoCo govt.

6. Dylan Goldberg – I will admit that I was for a time skeptical of Dylan. How could someone always be this happy? This isn’t California, so it had to be an act. It isn’t. His incredible work ethic and that same infectiously happy personality are sure to carry him far. Howard County Executive by 2026 or Bust.

AnonymousHe’s a bit of a superstar in Howard County, having worked for the state delegation in Annapolis for a couple years after working some local and state races in 2010 (That year, he received the MD Democratic Party’s James W. Rouse Community Service Award). He’s now field director for Courtney Watson’s county executive campaign. He previously worked for Councilwoman Mary Kay Sigaty.

Anonymous: He stepped up to lead Watson’s campaign and has done a fantastic job (with a great but not very warm and fuzzy candidate).

7. Marc Szczepaniak – Harford County Young Dems President, UMBC Student and Rachael Rice protege has a terrific future ahead of him, whether in Annapolis or on the campaign trail. Limitless upside and lucky find in one of the tougher county for the Democrats.

8. Nick Stewart – Nick was a speechwriter for Martin O’Malley first as Mayor and later as Governor. He also worked in O’Malley’s press office. He is currently a litigation attorney with the prominent firm Saul Ewing LLP. His next move? Running for delegate in Howard/Baltimore County Based District 12. While the field is large, Stewart is a strong candidate. He would be one of the youngest members of the the General Assembly, but nowhere near the least experienced.

Anonymous: one of 10 Democrats vying for the three District 12 delegate nominations, Nick is a former O’Malley speechwriter/press assistant in City Hall and the State House. He now is a lawyer at Saul Ewing in Baltimore. Lives in Arbutus, raised in Timonium. He also clerked for Judge Glenn Harrell. Just this week named to the Daily Record’s 20 in Their Twenties list

9. Shayla Adams – For the last several years, Shayla has run a 501(c)3 called RemixEducation (whose influence extends from Maryland all the way to North Carolina. She’s also a former Teacher with degrees from Wellesley (Undergraduate) and Duke (M.A.T.).  As education disparities between different jurisdictions in the state come into focus, her influence can only grow.  Plus, she makes up one half of a Young Gun Power Couple (the other is Prince George’s Young Gun Larry Stafford).

Anonymous- Really active in the African American community of Howard. Runs a non profit program. She’s cool with Elijah Cummings and he’s speaking at her scholarship banquet.

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Redistricting 2020

MD LD Plan 2012

Maryland’s Current Legislative District Plan

Is it ever too early to discuss the next cycle of redistricting?

The first elections for this decade’s plan are just being held this year since the 2010 elections occurred prior to the decennial redistricting wrangling.

But here at Seventh State, it’s never too early to look ahead, so I’ve taken a peek at the Maryland Department of Planning’s current population estimates for 2020. These estimates can only be taken as a rough basis not just because they’re estimates but because Maryland reallocates prisoners back to their home address for redistricting purposes.

Maryland has been at the forefront of addressing prison-based gerrymandering. The location of a large prison artificially boosts the population of an area even though none of its residents can vote. In Maryland, the allocation of prisoners from prisons in rural areas, such as from the three prisons in Allegany County, just happens to benefit Baltimore City.

Long the center of political power in Maryland, Baltimore City’s representation has declined rapidly in recent decades. The addition of prisoners from the City back into its population for redistricting purposes helps slow its steady loss of seats in the General Assembly.

Having mentioned these very large caveats regarding the reliability of the population estimates, here is what a look at the projected populations suggests for representation in the General Assembly in 2022:

Baltimore City will drop to five legislative districts. The City will gain people over the decade but at a slower pace than the rest of the State. Not enough to staunch the loss of political power. In other words, the new Baltimore City delegation will continue the City’s never ending game of political musical chairs, despite its mighty efforts not to cede representation.

In contrast, Frederick will gain enough population to incorporate the rest of District 4–its second district.

Montgomery will deserve more representation (roughly one-half of one delegate) but will remain close enough to eight districts that the number probably will remain unchanged. The big question is whether Rockville and Gaithersburg will be too large to stay together in one district. The law prohibits unnecessary violations of municipal boundaries, so this could necessitate redrawing the County’s whole map.

Prince George’s will lose roughly 40% of a delegate–almost exactly the share that neighboring Charles will gain.

While Calvert will see little change, St. Mary’s will come very close to no longer having to share a district with another county.

Howard should gain roughly 50% of a delegate–very close to the share than next door Baltimore County will lose.

Western Maryland (Garrett, Allegany and Washington) will retain its two districts with few changes.

Very little change for the nine counties on the Eastern Shore (Caroline, Cecil, Kent, Queen Anne’s Talbot, Dorchester, Somerset, Wicomico, Worcester).

Surprisingly, the numbers also project little change for the Baltimore exurbs of Carroll and Harford.

Remember that State law constrains the drawing of districts that violate too many county and municipal boundaries, except to satisfy the requirements of the federal Voting Rights Act. This limit will prevent any attempt to save Baltimore City’s political weight by drawing pizza pie districts out into the County that remain dominated by the City. The State tried this tactic during the 2000 round but the map was overturned in court.

Of course, these are really just guesstimates at this point. But it’s fun to peek ahead to Maryland’s political future.

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