Tag Archives: Frederick

Does the Frederick Donut Violate the Constitution?

Proposed Frederick County Legislative Districts

Maryland Matters reports that one Republican legislator has raised questions regarding whether the legislative districts proposed for Frederick County would pass constitutional muster:

Del. Jason C. Buckel (R-Allegany), the House minority leader and a member of the Legislative Redistricting Advisory Commission, questioned whether the new proposed District 4 would pass muster for compactness. The proposed District 4 would encompass much of Frederick County around the city of Frederick, which is contained within District 3, creating what Buckel described as a “donut effect.”

Del. Buckel is almost certainly wrong. The donut does not exist in spite of the Maryland Constitution but to comply with it. Ironically, this is for the same reason that I expressed concern in yesterday’s post about whether District 17 can survive a constitutional challenge: the requirement of “due regard” for “the boundaries of political subdivisions.”

This same provision indicates that the City of Frederick ought to be kept in a single legislative district if possible unless it conflicts with other requirements. At this point, the population of the City and its surrounding suburbs is sufficiently high as to easily meet the population for a legislative district, resulting in a more compact shape than the existing plan in which District 3 extends to the Virginia border.

Putting most of the rest of Frederick County into a surrounding legislative district is the logical consequence of same provision requiring “due regard” of administrative divsions as it avoids unnecessarily extending District 4 into another county.

Del. Buckel’s point reflects that the Maryland Constitution also says that legislative districts should “be compact in form.” But it’s not clear that extending District 3 to the Montgomery County line would improve the compactness of either Districts 3 or 4. It might lengthen the perimeters of both Districts 3 and 4 and reduce compactness according to measures that have been commonly used in past redistricting litigation. One would have to look to be sure either way but I doubt it would be nearly enough to cause a court to second guess the legislature’s approach.

Bear in mind also that District 3 is not an independent enclave trapped by its neighbor. It’s not Lesotho. Enclosing District 3 in District 4 doesn’t make it impossible to leave District 3 without a passport. The City of Frederick isn’t being deprived of a seaport.

Others might wonder about why a bit of District 2 extends into Frederick County.

Proposed Western Maryland Legislative Districts

That’s easily explainable by the State’s geography and population changes. District 1 must start in Garrett County, take in all of Allegany County and then the western part of Washington County to pick up enough population.

Currently, District 2 neatly comprises the remainder of Washington County with the Washington-Frederick border serving as its eastern boundary. That’s no longer possible. The western three counties continue to lose population relative to the rest of the state, so the districts encompassing them move east with each redistricting cycle. At this point, they must extend into Frederick.

The good news is that Frederick has grown sufficiently that the ripple effect stops there. Unlike under the existing plan, none of the proposed districts traverse Frederick’s border with Carroll County.

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To the Numbers: Pre-Election Turnout by Party & County

Today’s stats include both early voters and returned absentee ballots, so we can get an overall sense of who has already voted. There are some substantial changes in county rankings from when I ran these numbers just yesterday.

Specifically, Prince George’s has gone from being towards the bottom of the pack to virtually the same as the state average. St. Mary’s has fallen several places from being 14th to 20th in turnout out of the state’s 24 jurisdictions.

However, Talbot continues to lead the pack with just under 30% of its voters have done their civic duty compared to just 7.3% in placid Allegany. Overall, 15.3% of registered Marylanders have voted as of the end of the seventh day of early voting.

Next up are statistics by party and county:

Democrats have a 3.3% lead (difference from math based on the chart due to rounding) over Republicans in participation in early voting and returning absentees.

Montgomery Dems continue to lead the way for their party with Democrats out voting Republicans by 7.1%. One might attribute this to MCDCC having gotten their organizational act together and the weak organization of local Republicans.

Is there also a Ficker Factor? Ficker is a peripatetic one-man band but not well organized or supported. State Republicans seem unenthusiastic with Larry Hogan avoiding him at a recent rally and Kathy Szeliga failing to include him on a list of key races in her email blast. As Adam Pagnucco noted, Republican primary voters have repeatedly rejected Ficker when given the opportunity.

In Howard, it has gotten more imperative for Allen Kittleman to turn out election day voters as Democrats have out participated Republicans in by 6.3%. In Frederick, Democrats are 5.9% ahead of Republicans, which can’t hurt County Executive Jan Gardner and Sen. Ron Young’s reelection bids. Democrats are also notably ahead by 4.5% in Anne Arundel where Republican County Executive Steve Schuh is facing surprisingly strong competition and Sarah Elfreth hopes to win John Astle’s open seat.

Here is the share of Democrats and Republicans among people who have already voted sorted from most to least Democratic:

Among the state’s 24 jurisdictions, exactly one-half have more Democratic than Republican voters and vice-versa. Notice, however, that all of the state’s really large jurisdictions are in the top portion of the chart and have substantially heavier Dem turnout.

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Setting the Record Straight: the Post Got it Wrong in their Anti-Elrich Editorial

The Washington Post sure has done a number on Marc Elrich.

In a second editorial endorsing David Blair for county executive, the Post quoted Elrich stating “I prefer to put jobs in Frederick” as proof that he “wants to focus employment elsewhere” – seemingly a damning charge against a candidate for Montgomery County executive.

Setting the Record Straight

The quote is taken from the Greater Greater Washington (GGW) blog post arguing that “Marc Elrich is not the right choice for Montgomery County Executive.”

Broadly, Elrich isn’t convinced Montgomery County needs to add many new homes or residents, or jobs. Many people with jobs in Bethesda or DC are now living in Frederick County and other outlying areas and driving through Montgomery to get to work. We asked Elrich what he’d do for these folks, and his answer was, “I prefer to put jobs in Frederick.” He’d encourage the growth of both households and jobs to happen there, and in Prince George’s County, and elsewhere.

I listened to the GGW interview with Elrich and the quote is taken out of context and utterly distorts the record. Marc makes clear that he wants economic growth, indeed that it is vital to the county’s future because our current budget trajectory is not sustainable into the future. If there is no money, he realizes that there will be no way to pay for efforts to do more to help people in poverty and others try to get a leg up.

So what did Marc Elrich mean when he said “I prefer to put jobs in Frederick”?

It was part of a much larger discussion of housing policy but the broader point was that it would be good to have jobs in many locales, including Frederick City, so the people up there don’t have to commute so far, which would also help alleviate traffic in Montgomery – an enormous concern – and help the environment.

He’d like to see more people have shorter commutes and more jobs near them around the region. That includes Montgomery, where many people suffer in traffic on the American Legion Bridge every day and probably would just assume not live their life stressing about whether traffic on the bridge is going to prevent them from picking the kids up. Moreover, the discussion was taking place in the context of the regional Council of Governments’ goal for housing and jobs around the region, which unsurprisingly includes plans for more of both in Frederick.

More broadly, Elrich doesn’t see economic activity as a zero-sum game where Frederick’s gain is necessarily Montgomery’s loss. Ironically, the Post has repeatedly lamented that DC, Maryland and Virginia didn’t come together on a bid for Amazon, an idea in the same vein, so I would have thought they’d appreciate this bow toward regional cooperation. The late Kevin Kamenetz didn’t bid for Amazon because he thought it belonged in Baltimore City and that Baltimore County would nevertheless benefit.

Both the Post and GGW have distorted the record. They clearly think Elrich is wrong for Montgomery County. But they shouldn’t twist his words out of all recognition to make their argument. It just undermines their case.

George Leventhal’s GGW Problem

Voters would find many of the ideas that GGW pushes hard in their interview far more shocking than Marc’s points. GGW’s version of “smart growth” doesn’t focus primarily on areas close to transit hubs and stations but promotes much higher density at almost any location with a bus line or they deem bikeable.

The heavily trafficked River Road Corridor is a prime example of where they’d like to see far more housing units built. They’d like to have seen far more density at Westbard, and to extend the Purple Line down the Capital Crescent Trail there. Previously, they’ve attacked the Kentlands as insufficiently dense, so their vision of “smart growth” is quite different from what many argue is good suburban development.

They also want Elrich to support allowing people to sell single-family homes to be torn down for high density buildings. Elrich sensibly pointed out that people who buy homes want some security in the neighborhood and that people who don’t want to move just end up next to a tall building with super high property taxes that they can’t pay. My guess is that GGW’s platform would not exactly get people to flock to their endorsed candidate, George Leventhal.

Most bizarrely, while smart growth advocates heavily pushed for more density around Metro and the Purple Line because there is no more room to build, GGW turns that on its head in its post inveighing against Elrich, claiming that he would open up far too little of the county to development. In my view, that’s not smart growth. It’s just development writ large.

Elrich’s Growth Agenda

Elrich’s promotion of a bus-rapid transit system for the county is probably the most pro-growth and pro-smart growth initiative launched in recent years, which makes GGW’s opposition all the stranger. My hope is that it would help start to break the Gordian knot of conflict between civic associations and developers by providing a real transit system for Montgomery that addresses transportation issues even as we grow.

GGW touts Leventhal as a proponent of “real” BRT because he wants it wholly in separate lanes, which would require more property takings, make it much more expensive, and therefore unlikely to happen. Marc argues sensibly for reversible BRT lanes, as there is no need for a separate lane going against rush hour traffic. That’s spending smart, something our government badly needs.

Just four years ago, I watched George Leventhal taking a passive aggressive negative approach towards Elrich’s BRT proposal without outright opposing it during a debate. He also lambasted now Council President Hans Riemer for the seemingly mild proposal to spend more on and improve Ride-On Bus service, an idea that David Blair now wants to put on steroids. I understand GGW applauds George for his staunch Purple Line support. But as on the minimum wage, he has been highly changeable on taking their transit vision into the future.

Conclusion

We have a lot of excellent candidates for county executive beyond  David Blair and Marc Elrich, including former Rockville Mayor Rose Krasnow, Councilmember Roger Berliner and Del. Bill Frick. There are excellent cases for all of them and plenty of room to critique Elrich’s housing and other policies. I haven’t voted yet and am still looking closely at them. Let the debate continue but based on their actual records and positions.

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UPDATE: Hough Announces Primary Challenge

The battle for Republican purification by Tea Party in Frederick County commences. As expected (see here and here), Del. Michael Hough has announced a primary challenge to incumbent Sen. David Brinkley. Sure enough, Hough is already calling Brinkley a RINO–John Wagner at the WaPo has the story.

Will it make it harder to get these done in the session? Democrats have huge majorities in both chambers. But the challenge incentivizes Brinkley to be not just oppositional but intransigent as Hough will attack any compromise as a heretical betrayal. Result: the Republicans get even less than usual.

For the Maryland GOP, this vote boils down to whether they even want to be relevant in a state hostile to their ideas.

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