The Maryland General Assembly has called a special session for the purpose of drafting a constitutional amendment for consideration by the voters on the issue of “congressional redistricting.” In other words, the legislature is returning to Annapolis (at a not-so-insignificant cost to the taxpayers) to eliminate Rep. Andy Harris from the congressional delegation and ensure that the Republican Party has no representation in Maryland whatsoever. One of the two major parties in Maryland will have zero representatives in Congress. Of note, Republican and independent voters combined represent roughly half of the voters in Maryland, but the Democrats in Annapolis hope to enshrine in the Constitution that only Democrats can win congressional seats. There may be more flowery language used in this process, but that is exactly what is happening.
I understand why Maryland has made this decision. Political gerrymandering has been happening for time immemorial, but President Donald Trump took this idiocy to a new level when he demanded that Texas pursue mid-decade redistricting. The Lone Star State gleefully complied, followed by California with a governor all too eager to show his MAGA-fighting bona fides. Most other states fell like pathetic dominoes, Democrats and Republicans alike, all along knowing that they were doing something very, very wrong.
Maryland held strong for a while. Senate President Bill Ferguson, conscious that these actions across the nation were doing great damage to an already-fragile democracy, stood against the partisan tide. He was correct on the law, and he was equally correct on the principle. But as states continued to rush headlong to do the wrong thing, it was difficult to stand against the hyper-partisan fervor. What came next was brilliant but short-lived. Ferguson and his counterpart from Indiana, a Republican, decided to stand firm together. A wash. Don’t do the wrong thing here in Maryland and the Hoosier state will do likewise, thereby eliminating the only real argument, which boils down to “the other party did it so we have to do so as well.” It worked for a brief moment, but Trump couldn’t leave well enough alone, and he made sure to oust the Indiana Republicans who had dared to defy him. Down went Indiana. Now down goes Maryland. It would have been a great story but for these crazy partisan times.
Let’s be clear. No one can tell you that this is a “good idea” with a straight face. This is not about saving democracy or preserving our institutions or whatever nonsense has been said to date. This is about eliminating the one Maryland seat in Congress that has more Republican voters than Democratic voters so that Harris is forced into political retirement. And whatever you may think of the voting patterns of Harris, it’s a bad idea to completely disenfranchise one of the major parties, just as it was a horrible idea to do it in all of the other states. Trump started this latest round of redistricting stupidity, and now we are jumping into the clown car.
So, what can be done? Let me first say that I am not optimistic at all. This issue screams for a federal response, and Congress has a unique ability these days to do absolutely nothing of substance. The idea that Democrats and Republicans in Washington can get together and iron out real redistricting reform is a pipe dream. But here are nine ideas worth considering. The first idea, opening the primary elections to all voters, is perhaps the most important of these ideas.
This latest round of redistricting madness, combined with the outcomes of primary elections across the country, has clearly shown that we need to open primary elections now. Small fractions of primary voters from both parties elect ultra-fringe candidates. Independent voters, the fastest-growing sector of the voting public (and a quarter of Maryland voters), are completely left out of the process. Candidates increasingly appeal to only the craziest fringe elements of their party and ignore the ideas and voters who don’t share those views. Open primaries permit everyone to participate, and voters are free to choose whichever candidate they wish. Simply allowing independent voters to choose one of the two parties is insufficient and absolutely wrong. No one should be forced to associate with a private organization in order to exercise a constitutional right. Independent voters are citizens like everyone else, and they deserve the opportunity to vote like every other citizen. The Founding Fathers never sought to give a legal monopoly to private political parties, and they warned against such factionalism. As political parties seek to brazenly enshrine their dominance in actual law through this redistricting madness, it has never been clearer that the growing voice of the independent voters must be heard. We must open up the primary elections now. Of all potential reforms, opening the primary elections to all voters in an Alaska-style jungle primary is perhaps the most critical.
Here are eight more ideas worth considering:
1. The law should remove map-drawing from state legislatures and mandate an Independent Redistricting Commission for each state. Members may not be current or former elected officials, lobbyists or have any affiliation with a party. The commission must be independent to the greatest extent possible. 2. The commission should draft maps with clear and enumerated criteria, including contiguous districts, compactness, preserving communities of interest, competitiveness and keeping counties and cities together. Partisan information and individual addresses may not be a consideration. 3. Maps may not be drawn with the use of partisan data, including party registration or election results. 4. The map-making process must be transparent to the public with the prior release of maps and citizen input. That input may not include partisan issues. 5. The maps must have measurable standards in the criteria enumerated above, including compactness, communities of interest, etc. 6. The map-making process should use technology to create different maps, and partisan information must be specifically banned in these generated maps. 7. The courts of each state should have automatic review of the maps before the maps take effect. But courts may not participate in the process of drawing actual maps from the bench. Courts should rule on whether the maps drawn meet the enumerated criteria, including compliance with the Voting Rights Act, and that the maps are free of partisan influence. 8. Mid-decade redistricting is prohibited.
As the legislature returns to Annapolis to spend millions of taxpayer dollars in order to eliminate all Republican representation for Maryland, it is worth taking a second to really think about our democracy. Although I understand the impulse to do this as everyone else has jumped off of the proverbial bridge, it is worth thinking through the real and lasting damage that this is doing.
Out of the potential reforms to address this problem that I’ve presented, the most pressing is expanding the vote. If any politician waxes poetic about “saving democracy,” make sure to ask them to support giving all voters the right to vote and not just the ones that vote for them. Open the primary election. Open it now.
Bobby Zirkin is a columnist at The Baltimore Sun and a partner at Zirkin and Schmerling Law in Baltimore. He represented Baltimore County in the General Assembly for 21 years as a Democratic state senator and delegate. He can be reached at bz@zandslaw.com.
