Tag Archives: Jason Buckel

District 3, District 4, Frederick County, redistricting, Western Maryland

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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Adam Pagnucco, Republicans

Maryland Delegate Questions Criticism of Roy Moore

By Adam Pagnucco.

In a Facebook post in the wake of Alabama Senate candidate Roy Moore’s defeat, a Maryland GOP Delegate is questioning those who have criticized Moore’s history with teenage girls and the actions of other sexual harassers.  That history was key to Moore’s loss.

Republican Delegate Jason Buckel (R-1B), who represents Allegany County, wrote on Facebook:

I’ve not said a word about the Alabama Senate election or the swirling world of accusations, admissions, rumors and varying degrees of bad behavior by men– from the clearly criminal to the truly appalling to the unambiguous acts of poor taste to the fairly innocuous and easily overblown. I think that trying to litigate in the court of public opinion what did or did not happen 20, 30, 40 or more years ago in momentary, fleeting encounters or relationships and then view those allegations through the light of modern prism, as opposed to the conventions and norms of the time in which they occurred, is fraught with danger, although clearly rape, physical sexual assault, and pervasive, consistent, degrading sexual harassment have never been and never could be acceptable under any circumstances at any time by anyone.

Buckel went on to praise the policies of the Trump administration while bashing Steve Bannon, Moore and other GOP candidates.

In a comment later on his post, Buckel said, “But who knows – While girls Roy Moore stopped by a mall to say hi to 40 years ago are national figures, 99.9% of Americans have no idea who Doug Jones is and chances are his senatorial career will be exceedingly brief.”

Let’s review the allegations against Moore.  His first accuser, Leigh Corfman, described how he sexually assaulted her when he was 32 and she was 14.  Another woman, Beverly Young Nelson, said Moore locked her in a car and tried to force her into oral sex when she was 16.  Six of the eight women who came forward were under the age of 18 at the time that Moore pursued them.  These incidents were not in keeping with the “conventions and norms of the time” as the girls and their families were disturbed by Moore’s actions and he was banned from stalking girls at the Gadsden Mall.

Right now, there is a national debate going on about differing degrees of sexual misconduct and what levels of punishment are appropriate.  That debate will be playing out for a while before it is settled – IF it’s settled.  But the allegations about Moore’s behavior with teenage girls are far outside the boundaries of any gray areas, past or present.  He was not “saying hi” as Buckel stated above.  Elected officials who appear to make excuses for the likes of Moore should beware the voters next November.

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Allegany County, District 1, Western Maryland

D1, Pt. II: Allegany County

D1BDistrict 1B in Allegany County

This is Part II in a two part series about District 1 in Western Maryland. While Part I focused on the Garrett County portion of the district, this post centers on Allegany County.

All of District 1B’s population lives in Allegany. Frostburg and a northern section of Cumberland are located in 1B. District 1C is split between Allegany and Washington Counties with 55% in Allegany. The remainder of Cumberland and all of the smaller town of Hancock in Washington County are located in 1C.

Allegany County has been heavily Republican in federal contests. Mitt Romney received 64% of the vote in 2012. Rep. Roscoe Bartlett received 55% of the vote in Allegany even as he went down to defeat to John Delaney with just 37% of the total vote in the entire Sixth Congressional District.

Lately, Allegany has also been quite lopsided in its support for Republicans in statewide contests. Bob Ehrlich won 57% in 2006 and 61% in 2010 in Allegany. Notice that Ehrlich increased his share of the vote in Allegany even as his statewide margin declined. The last Democratic gubernatorial candidate to carry Allegany was Parris Glendening in 1998 with 52% of the vote.

Allegany District 1B has been one of the most hotly contested delegate seats over the past several decades. Incumbent Democratic Del. Kevin Kelly won reelection in 2010 with just 51% over Republican Mary Beth Pirolozzi, a Cumberland City Councilmember.

Kelly originally won his seat in 1986 when he was one of two Democrats elected from a two-member district located entirely in Allegany. He easily won reelection in 1990.

In 1994, Kelly lost the Democratic primary in the newly redistricted single-member District 1B, receiving 43% as opposed to 57% for Del. Betty Workman, his colleague in the former two-member district. But Kelly turned the tables in 1998, winning the primary over Workman by 59% to 41% and then went on to win the general with just 51% of the vote. Kelly beat his Republican opponent with a more comfortable 56% of the vote in 2002 and 2006.

This year, Kelly has no primary opposition but faces Jason Buckel, a member of the Allegany County Republican Central Committee, in the general election. In January, Buckel had just $2.6K in his campaign account compared to $18K for Kelly, though Buckel could raise money during the session while Kelly could not.

Allegany Central

Central Allegany County Partisanship
(Source: Dave’s Redistricting, More Orange is More Republican)

Though Kelly has a long history in this district, no Democrat can ever take anything for granted. Despite its Republican lean, 1B contains some of the less Republican precincts in Allegany located in Frostburg and Cumberland (see above), which should aid Kelly.

D1C

District 1C in Allegany and Washington Counties

District 1C is perhaps best known as the district that unseated the sitting Speaker of the House in 2002. Democratic Speaker Cas Taylor, who brought enormous amounts of state funds home and worked relentlessly to aid Western Maryland’s economy, lost his reelection bid by 76 votes.

Redistricting was more the culprit than the fickleness of Allegany voters. Prior to 2002, 1C was contained entirely within Allegany County. District 1 grew more slowly than the the State as a whole in the 1990s and had to expand east, so 1C had to take in sections of Washington County. While Speaker Taylor won 61% in his home stomping ground of Allegany, he garnered just 29% in the new, extremely Republican Washington portion of the district.

Del. LeRoy Myers, who defeated Speaker Taylor, is retiring after three terms. Two Republicans, Ray Givens and Mike McKay, are competing for the GOP nomination, while Democrat Nick Scarpelli has no opposition within his party.

Swept in as part of the tea party wave in 2010, Mike McKay serves as President of the Allegany County Board of Commissioners. He’s the CEO of a company with six dry cleaning locations. McKay has the support of sitting Del. Myers.

Perhaps because actually having to run a government tends to moderate extreme views on all sides, McKay is now being tea-party challenged from the right by Givens. A Hancock resident, Givens has never held office but was very active in opposition to Gov. O’Malley’s gun safety legislation and supports fracking.

Givens has served in the military, and worked in corrections and law enforcement. In January, McKay reported $15K cash on hand as compared to $10K for Givens.

As McKay lives in Allegany and Givens is from Washington, this primary could well turn into a classic friends-and-neighbors contest that depends on the level of support and ability to turn out voters within each candidate’s home base. Del. McKay should benefit from his experience in office as well as his endorsement by Myers. But Givens could gain energy from gun rights advocates.

Meanwhile, as unlikely as it may sound, Republican 1C is one district where the Democrats hope to make a pick up. Cumberland City Councilman Nick Scarpelli is a local magnate with investments in chains of funeral homes and shoe stores as well as real estate.

Scarpelli is very conservative for a Democrat–he is pro-gun, pro-life and pro-fracking. His major goal is to join the majority caucus and be part of the fine tradition of bringing home the bacon to this long economically challenged region. Scarpelli can self fund and plans to advertise on television–a lot cheaper in the Hagerstown media market than elsewhere in Maryland.

His chances likely depend at least partly on who wins the GOP primary. Scarpelli would have a stronger shot against Givens than McKay. Regardless, he will make this a much more interesting race than one would expect in this mostly Republican part of the world.

District 1B Rating: Toss-Up (Slight Edge to Kelly).
District 1C Rating: Lean Republican (Slight Edge to McKay in the primary).

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