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The House gave final approval Monday to a bill that would redraw the state鈥檚 eight congressional districts, following an exhaustive four hours of passionate, sometimes personal debate.
The House passed by a vote of 99-37 that broke mostly Del. Sheree Sample-Hughes (D-Lower Shore) joined 36 Republicans voting against the measure.
The bill now heads to the Senate, where it is expected to stall. Senate President Bill Ferguson (D-Baltimore City) and the Democratic majority in the chamber have long said they are opposed to redistricting in the middle of a decade, and fear it could backfire on Democrats seeking an advantage in this fall鈥檚 elections.
Even so, House Speaker Joseline Pe帽a-Melnyk said she hopes Ferguson will soften his stance. She pointed to Republican states that have redistricted already in an effort to get a leg up in this fall鈥檚 congressional elections.
鈥淚 have spoken to the Senate president respectfully,鈥� Pe帽a-Melnyk said during an appearance on MSNOW with Gov. Wes Moore (D), moments after the vote. 鈥淚 have told him that Florida is next. They have already called a special session for April, and this is simply the right thing to do. We must meet the moment.鈥�
But the bill is likely to be assigned to the Rules Committee in the Senate. Most of the committee members are also part of Ferguson鈥檚 leadership team. The committee holds no hearings, does not meet regularly and has no staff. It serves as a legislative island of misfit toys for late-filed or unwanted bills.
Pressure on Ferguson and Senate Democrats by redistricting supporters has intensified over the last week, with Moore and Lt. Gov. Aruna Miller calling and texting senators in recent days.
Ferguson is expected to meet with reporters Tuesday morning. His spokesperson declined comment Monday following the House vote.
That vote followed hours of debate in the House, when each side reiterated its position on the bill: Republicans call it nothing more than a 鈥渞igged鈥� process to eliminate the one GOP-held seat in the state鈥檚 congressional delegation, Democrats saying that the new map is both more fair and a necessary response to partisan redistricting in other states being driven by President Donald Trump (R).
Ferguson has repeatedly said he believes approval of a new map would not pass judicial muster. Additionally, he said he believes passage would reopen a 2022 court case that led to the state鈥檚 current map, where Democrats enjoy a 7-1 advantage.
That compromise came after a successful legal challenge, led by Del. Kathy Szeliga (R-Baltimore County), to a map that would have made all eight congressional districts in the state favorable to Democratic candidates. A state judge rejected that map, calling it a product of聽 鈥渆xtreme partisan gerrymandering.鈥�
On Monday, Szeliga said she would go back to court if the current proposal becomes law.
鈥淭he Maryland courts already condemned intentional discrimination, voter dilution and retaliation based on a political party,鈥� Szeliga said during the House debate.
鈥淏ut you know what? Maryland Republicans, we won鈥檛 be erased,鈥� she said. 鈥淲e will not be silenced, and we will not accept this. We will see you in court, and once again, the Maryland Constitution will uphold our position and strike down this bill.鈥�
Moore, in response to questions about the legal sufficiency of the proposed map, said 鈥渨e have been working with lawyers and working judges.鈥�
His office did not respond to a reporter鈥檚 question regarding judicial involvement, but the聽comment drew swift rebukes from House and Senate Republicans.
鈥淕overnor Moore鈥檚 admission on national television that he is trying to persuade judges to back a partisan gerrymander is extraordinary and inappropriate,鈥� said Senate Minority Leader Stephen S. Hershey Jr. (R-Upper Shore).
Ex parte communication with judges, especially in cases that could come before them, is typically frowned upon.
In 2002, then-Senate President Thomas V. Mike Miller Jr. called two judges on what is now called the Supreme Court of Maryland to discuss a pending challenge to the state鈥檚 legislative redistricting maps at the time. The incident was reviewed by the Maryland Attorney Grievance Commission. Miller, an attorney and the longest-serving Senate president in state history, was not sanctioned but later told reporters he attended a class on professional conduct.
鈥淚f Governor Moore believes his map is lawful, he should defend it openly and, on its merits, 鈥� not pressure the judiciary behind the scenes,鈥� Hershey said. 鈥淢arylanders deserve a governor focused on the people and the process, not one auditioning for national political favor at the expense of our institutions.鈥�
House Minority Leader Jason C. Buckel (R-Allegany), who is an attorney, said such contact is inappropriate by potential litigants.
鈥淚t鈥檚 an absolute no-brainer. You cannot communicate with judges when they hear the case, regardless of what your posture is,鈥� Buckel said. 鈥淚f you do, the only remedy is for them to recuse themselves.鈥�
