LWVMD Testifies for Redistricting Standards
POSTED BY Beth Hufnagel· March 5, 2021
Hearings on Constitutional Amendments to Strengthen Redistricting Standards
Congressional Redistricting Standards
A hearing on setting standards for the Congressional redistricting process, HB410 Congressional Districts – Standards (Anti-Gerrymandering of Maryland’s Congressional Districts) was held on February 22, 2021. You can watch the presentation by the sponsor, Delegate Malone, the witness testimony and legislator discussion here, starting at about 25 minutes into the hearing. HRU Committee Session, 2/22/2021 #1 - YouTube
The standards in this bill are the same as those the Maryland constitution already applies to legislative districts, and we think that they are equally appropriate for Congressional districts. Adjoining and compact districts give the voters a much better opportunity to know their representatives and to engage in political discussions. Setting territorial standards in the redistricting process would help to restore the faith of voters in their elected officials.
Maryland Legislative Redistricting Standards
At the same time, the Committee also held a hearing on HB339- Legislative Districts – Standards. You can watch the presentation by the sponsor, Delegate Malone, the witness testimony and legislator discussion here, starting at about 25 minutes into the hearing. HRU Committee Session, 2/22/2021 #1 - YouTube
Election maps are adjusted every ten years after the Census to account for population shifts and ensure each district has substantially equally populations. However, since 1812 US politicians on both sides of the aisle have also used the redistricting process to provide their party with an advantage in elections for the coming decade. Using our current technology, politicians today can achieve this with unprecedented precision. This bill would attempt to remove that temptation by removing consideration of political affiliation of voters from the process.
Hearing on Disciplinary Records
A hearing on the first of the 5 Reforms that LWVMD is supporting, SB 178 - Public Information Act - Personnel Records - Investigations of Law Enforcement Officers (Anton's Law) was held on January 21st. You can watch the presentation by the sponsor, the witness testimony and legislator discussion here.
This bill would amend Maryland’s Public Information Act (MPIA) which prohibits disclosure of disciplinary files. It would change the law to state that investigation of misconduct by a law enforcement officer, including an internal investigatory record, a hearing record and records relating to a disciplinary decision would not be considered personnel records and therefore remove police discipline files from the “shall deny” section of the Maryland Public Information Act (MPIA) and put them in the “may deny” section of the MPIA. This would allow the possibility of investigating how a complaint of police misconduct was handled.
Future Hearing on Mental Health Services in Schools
The next hearing on one of our priority bills: HB 496 Primary and Secondary Education - Mental Health Services - Expansion (Counselors Not Cops Act) will take place on Wednesday, February 3 in the House Ways and Means Committee. You can watch the hearing live, or wait until I send you the link to the exact portion of the hearing that addresses this bill. It would divert the $10 million dollars that the state now gives to local school districts to hire armed police officers to work in schools on a regular basis and instead require that those funds be used to contract with school psychologists, social workers and counselors or to expand the availability of other mental and behavioral health services.
Pre-K to 12 Public Education Funding and Reforms
Over the past several years, education funding in Maryland has fallen below what is needed to provide an adequate and equitable education for all students. While evident before, the Covid-19 pandemic has exacerbated these inequities and raised awareness of how differences in access to learning resources diminish the opportunity to learn.
In 2016, the Maryland General Assembly created the Kirwan Commission to provide recommendations on how to rewrite Maryland’s school funding formula and provide policy proposals for improving education. After hearing from experts and gathering information on best practices, the commission recommended investments in early childhood education, high quality and diverse teachers and leaders, college and career pathways, more resources to ensure student success (a guaranteed base for all students, increased amounts for students at risk who need tutoring and wrap-around services) and an accountability system. Strong Schools Maryland provides a graphic description of the Kirwan plan. HB 1300 The Blueprint for Maryland’s Future phases in these plans over a ten-year period. It passed with a veto-proof majority just before the General Assembly adjourned early due to the Covid19 pandemic but was vetoed by the Governor. The override of the veto is especially important to avoid further delay in implementation of these reforms.
Since the 1970s Maryland League members have been concerned about adequate and equitable funding of public education. Our studies show that because of differences in local wealth, some counties have a harder time raising the money needed to provide a well-rounded education for all students. Our State Constitution says that “The General Assembly…shall by Law establish throughout the State a thorough and efficient System of Free Public Schools; and shall provide by taxation, or otherwise, for their maintenance.” Over the years, many commissions have recognized the inequities and inadequacies of school funding and recommended funding formulas that required a base amount per pupil (the foundation), adjustments for special needs and a larger state contribution for low-wealth counties.
LWVMD education advocacy is based on several positions. Our Financing Education position recognizes that the primary responsibility for funding public elementary and secondary education lies with the state. We support:
- A foundation program based on a weighted per pupil formula supported from general state revenues at a level high enough to eliminate inequities.
- Some local leeway to provide additional funding for education.
- Continuation of local control over the schools.
- The encouragement of increased federal funding for education.
Our Children’s Services position supports a comprehensive range of child-centered services to ensure all children a chance to grow toward stable, productive adulthood. Under our Competent Teachers position, we support the state aiding local school systems in attracting and retaining competent teachers. And the state should ensure that students have an opportunity to pass high school graduation tests.
For the 2021 General Assembly, legislators must override the Blueprint veto.
We are a member of the Coalition for the Blueprint for Maryland’s Future which supports legislation that makes technical fixes to ensure that the Blueprint funding phase-in and implementation timelines are not delayed, clarifies certain provisions and improves equity. We will provide more detail when bill(s) are introduced.
The League is also a member of the Maryland Education Coalition (MEC) which supports a “Companion Bill” that would address other education problems, especially those caused by the Covid-19 pandemic. For example, schools need relief from the effect declining enrollment could have on education aid. The pandemic highlighted the effect of the digital divide, caused by affordability for devices and internet connections in urban areas and lack of infrastructure in rural areas.
In addition to passing new legislation, we will need to carefully examine the Governor’s budget to be sure that it includes the funds needed for the Blueprint and technical fixes.
Challenges to Passing This Legislation
One challenge is the House of Delegates’ plan to hold only virtual hearings until mid-February when they will convene and consider veto overrides. That leaves less time to enact technical fixes and other companion legislation. The other of course, is revenue. The Governor vetoed several new taxes intended to pay for the Blueprint. Since costs are projected to be almost $4 billion more per year by year ten of the phase-in of the Blueprint, it is also important to override these vetoes. See our Action Blog on Progressive and Adequate Fiscal Policy.
LWVMD believes that we must support the Blueprint for Maryland’s Future to prepare our children for the 21st century workforce, strengthen Maryland’s economic future and have an educated workforce to attract business to our state.
Election bills have always been of keen interest to the League. We were established in 1920 to help newly enfranchised women use their ballots effectively, and we have a long tradition of supporting laws that remove barriers to voting.
Dozens of election-related bills have already been pre-filed, and we anticipate more to come. Some of the topics that were addressed in bills considered during the 2020 session of the General Assembly have been reintroduced, including:
- Voting by mail
- Increasing access to voting for students and other under-served groups
- Facilitating voter registration for people newly released from prison and those in custody pending trial or for misdemeanor convictions who are still eligible to vote
- Special elections to fill vacancies in the General Assembly
- Nonpartisan elections for Circuit Court judges
- Employers’ obligations to give time off for voting
- Restricting who may return an absentee ballot on a voter’s behalf
None of these bills passed last year, in part due to the abbreviated session. For certain bills, concerns were raised that may be addressed in the revised versions submitted this year.
In general, the League will be supporting bills that make voting easier and more accessible and opposing bills that would impose constraints on voters. Increasing voter participation is not sufficient, however — it is also essential to maintain the operational safeguards protecting the integrity and security of elections and the privacy of voters. Another consideration is the fiscal impact of implementing a particular bill, which can be a hurdle to passage by the General Assembly. Along with submitting formal testimony, the League can provide useful information to legislators as they draft or evaluate bills.
We will provide more detailed information on selected bills through blog postings as well as through action alerts. Information on all bills is available directly from the General Assembly website at https://mgaleg.maryland.gov/mgawebsite/
A budget is a policy document that reflects priorities and allocates scarce resources. The challenge for 2021 is twofold: 1) The State starts with a “structural deficit,” and 2) the Covid-19 pandemic has placed unique pressures on the budget, both in terms of revenues and expenses. The Constitution of Maryland, unlike the Federal government, requires a balanced budget:
Maryland League members have, since the 1950s, understood the importance of the relationship between various revenue sources available to state government and the services provided by those revenues. Promoting a sound economy and maintaining an equitable and flexible system of taxation are among the League’s basic principles. The hallmarks of the LWVMD’s position are: 1) a progressive tax system, and 2) an equitable and efficient fiscal structure.
The General Assembly’s Spending Affordability Committee is charged with making recommendations for state spending, new debt authorization and state personnel levels. In December 2020, the Committee examined the most current projections. Their Report reveals that the State was in a stronger position than imagined when the pandemic first hit, which is not to say that there are not significant budget strains. Their recommendation would leave about $1 billion in the reserve fund at the end of the 2022 fiscal year, an amount equal to 5 percent of state general fund revenues. Traditionally, 5 percent of revenue has been reserved in the Rainy-Day Fund, but recently the state has been holding 6 percent.
Relevant Events in 2020
Two Constitutional ballot questions that passed in 2020, and several Gubernatorial vetoes will impact both 2021 and out years.
Question 1 authorized the Maryland General Assembly to increase, decrease, or add items to the state budget if such measures do not exceed the total proposed budget submitted by the governor. This will not take effect until FY 2024. At that time, it will reshape the process and end the Governor’s status of wielding the strongest control of the purse of any colleague in the country. The LWVMD supported this amendment.
Question 2 authorized sports and events wagering with the revenue intended to fund public education. In 2021 how this is implemented will be a legislative consideration.
Gubernatorial Vetoes to Follow
The Governor proclaimed he would veto legislation that mandates an increase in spending or taxes, especially considering the pandemic. One critical bill he vetoed was designed to continue implementing the Kirwan Commission educational reforms, the "Blueprint for Maryland's Future" LWVMD has been a strong supporter of the Blueprint.
The legislature also passed several new taxes to pay for the Blueprint plan. These taxes included a tax on digital downloads such as Netflix and video games; a corporate tax change intended to bring in tens of millions each year; a new tax on vaping products and a doubled tax on cigarettes. They also passed a first-in-the-nation proposal to tax the targeted digital advertising on giant online platforms such as Facebook and Google. All these tax bills were vetoed.
At some point during the 2021 session the General Assembly will vote on overriding the vetoes. An override required two-thirds majority of both houses. The potential overrides will be a major event during the session.
Legislation to Follow in 2021
As indicated, the potential override of The Blueprint veto will be a major issue in which the LWVMD will be involved through its membership in the Maryland Education Coalition and the Coalition for the Blueprint for Maryland’s Future.
The future of the Blueprint will largely depend upon revenues. The LWVMD collaborates with the Maryland Fair Funding Coalition. We share many but not all views in common regarding a progressive and efficient tax system. As critics say:
Do not tax you. Do not tax me. Tax the guy behind the tree.
One man’s “loophole” is another man’s legitimate deduction.
The areas up for consideration for major tax legislation will fall in the following areas:
- Closing Corporate Loopholes – Combined Reporting and “Pass-through” businesses
- Ending Ineffective Business Subsidies – Enterprise Zone tax credits
- Fair Share – estate tax on multi-millionaires, capital gains treatment, and “carried interest”
- Digital Tax
Whether it is a household or a state budget, the balancing of revenues and expenses – especially during a pandemic – is a challenge. Already, much of our overall service level has been hollowed out. There will be a demand for specific services, education through the Blueprint being a major one. Where it ends up and how the services might be paid for will be major considerations during the session.
As the current Covid-19 crisis has demonstrated, multiple functioning transportation systems are important elements that help keep our state operating for essential workers, are key to environmental justice, and oil our machinery of democracy. The League has long advocated for systems of transportation that address our concerns of protecting the environment and preserving natural resources while encouraging the coordination of governments at multiple levels all with emphasis on equity among populations.
Issues of transportation are woven throughout action of LWVMD. Transportation is not just about cars, buses, trains, trucks, pedestrians and bikes. It is about voting and how people get to polls to cast their ballots, how lines are drawn for redistricting, where houses are built and the land that is used for development, how money is spent for transportation and if funds from the trust fund are involved, whether all portions of our population are given equitable access to our economy, educational opportunities, healthcare, and of course the impact on our environment.
Maryland Transit Administration – Funding has been pre-filed in both the House and Senate. MTA funding impacts specifically the Baltimore area plus many other parts of the state and advocacy will be continued as in past years. This bill, and others that may be filed, encompass many aspects of equity and accessibility to the greater economy. Of the 50 largest transit agencies in the country, Baltimore is the only area that is governed and operated by a state agency without a board of directors.
The Public Private Partnership agreement to expand I-495, the American Legion Bridge, and I-270 has been hotly contested. LWVMD advocated in the past for a number of bills that would add oversight, better define agreements, or create equal treatment around the state, but all outcomes of advocacy would promote a cleaner environment. Decisions about this very large project are made at the state level and the legislature has little input, but several bills have been put forward to increase accountability. I-495 and I270 Public-Private Partnership - Partnership Agreement – Requirements is again being proposed. League has long advocated for a strong code of ethics with an open process that “ensures transparency, accountability, positive community impact and preservation of the common good when considering the transfer of governmental services, assets and/or functions to the private sector.”
Converting our transportation system to clean energy has been advocated for in the past and we expect more bills this year. One bill that has been proposed is Maryland Transit Administration – Conversion to Zero-Emission Buses. Since transportation is the largest emitter of greenhouse gases in our state and country, many efforts to tackle the immense challenge in reducing transportation emissions focus on electrification of a vehicle fleet. Here, as in many bills, costs of implementation are a key challenge.
Importance of requiring cooperation of the transportation sector to include and prioritize climate impacts as part of the environmental review is stressed. Solutions may include investing in better transit services, encouraging smart roadway pricing, and better syncing transportation with land use. Some of the biggest challenges in transportation can be solved through better land use. Bringing essential trips closer to where people live is a vital part of transportation. Legislation may address the alarming safety trends for pedestrians and bikes and encourage a “smart street design” where safety takes precedence over speed. Instead of shovel ready projects, investments by the state should be made into shovel worthy projects. Priorities should include rehabilitation of key assets, with a focus on transparency; address historic harms inflicted on marginalized communities; prioritize environmental justice; and our environment generally so together we may implement a smart transportation system.
The LWV of United States Impact on Issues states: ”When families or individuals cannot afford decent housing, government should provide assistance in the form of income and/or subsidized housing.”
The COVID pandemic has caused thousands to lose their jobs and be unable to pay their rent. While there is a federal moratorium on evictions through January 31, renters must prove their inability to pay is as a direct result of loss of income, and it does not prevent other actions by landlords that can cause a family or individual to lose their rental home. Marylanders also have some protections under an order by Gov. Lawrence J. Hogan Jr., which put a halt to certain evictions for those who took a financial hit due to the coronavirus pandemic. That order will be active as long as Maryland’s state of emergency continues.
The state allocated $30 million in federal relief funding toward eviction prevention and rental relief earlier this year, but advocates have warned that it’ll take much more than that to curb evictions. The second Federal COVID relief package recently passed contains $25 Billion in rental assistance but it will take time for that assistance to filter down to states and to those who need it.
Up to 204,000 Maryland households are at risk of eviction, according to estimates from the Chicago-based consulting firm Stout. While tenants are protected by state and federal stays on certain evictions, some are still losing their homes. Over 115,000 eviction cases were filed from July to November in Maryland, and Maryland District Court Judge John P Morrissey said there were about 2,571 evictions in Maryland during that time period..
Renters United Maryland said 36% of Black households are not current on their rent, compared to 14% of white households. About 30% of households earning less than $50,000 are also behind compared to just 10% of those earning more than $75,000.
Housing bills will most likely be heard in the House Environment & Transportation Committee, and the Senate Judicial Proceedings Committee.
A Housing Justice Package of 5 bills for the upcoming session was unveiled Dec. 28 by a statewide coalition of rental housing advocates and state representatives:
- Eviction Diversion and Defense, sponsored by Baltimore City Del. MelissaWells and Sen. Charles Sydnor requires pursuing early rental assistance before suing to evict. It establishes a formal, two-phase proceeding and Eviction Diversion Program, which enables renters and landlords to engage financial and legal services. This proposed bill provides renters time to seek counsel, to raise a defense and to prepare for trial — also giving judges broader power to delay eviction in emergency situations, according to the package.
- Court Fee Reform bill, sponsored by the Attorney General's Office, establishes an eviction surcharge that effectively raises Maryland courts’ rock-bottom $15 court fee for evictions to the national average of $120.The idea would be that a surcharge creates further incentive for landlords to work with renters on payment plans, while also lowering the state’s volume of eviction litigation. It could also relieve state courts and free up tax revenue to be used on court infrastructure or services, according to the package. The proposed legislation would prohibit the pass-through of that eviction surcharge onto renters, and it directs the surcharge revenue to funds for civil legal services.
- Right to Counsel sponsored by Del. Wanika Fisher and Sen. Shelly Hettleman would provide low-income renters with the right to an attorney in eviction cases. The package argues right to counsel largely reduces housing displacement and stands to save the state "significant costs." One study cited showed an investment of $5.7 million in right to counsel in evictions, in Baltimore City, would save the state $18.1 million in Medicaid and foster care spending alone.
- COVID-19 Eviction Relief Act of 2021 sponsored by Del. Jheanelle Wilkins and Sen. Will Smith expands and extends the Hogan/CDC orders to protect renters from eviction throughout 2021.It provides financial relief for landlords through a statewide program that matches state/county funds. It prohibits lease non-renewals without a good cause, rent delinquency and lease expiration are not considered good causes for lease termination. It prohibits late fees, interest charges, and rent increases throughout the emergency.
- Emergency Homeowner Protections sponsored by Del. Vaughn Stewart and Sen. Jill Carter would extend a foreclosure moratorium through the state of emergency, for both homeowners and small landlords, across state and federally-backed mortgages. The proposed bill requires mortgage servicers to grant forbearance relief through the state of emergency and — for both homeowners and small landlords who have exhausted forbearance options — to establish a default repayment option such as deferring missed mortgage payments to the end of the loan. Late fees would be banned. Prompt notice would be required of all the rights to homeowners and landlords. A private right of action would be created for homeowners to sue servicers who violate the law. For a year following the emergency, servicers could not furnish negative credit information to consumer reporting agencies related to mortgage payments.
Following the video recorded death of unarmed George Floyd who was killed during an arrest in Minneapolis in May of 2020, thousands of protestors took to the streets in cities all across the nation to call for an end to the long legacy of racial injustice and police brutality experienced by people of color in our nation.
On June 25, 2020 at the National Convention of the League of Women Voters of the United States the following resolution that was proposed by 47 state and local Leagues was adopted nearly unanimously: The League of Women Voters shall advocate against systemic racism in the justice system and, at a minimum, for preventing excessive force and brutality by law enforcement. We also call for prompt actions by all League members to advocate within every level of government to eradicate systemic racism, and the harm that it causes. We resolve second, that the League help our elected officials and all Americans recognize these truths to be self-evident; that Black, Indigenous and all people of color (BIPOC) deserve equal protection under the law; and that we demand solutions for the terrible wrongs done, so that regardless of race, ethnicity, religion, disability, and gender identity or sexual orientation we may truly become a nation "indivisible, with liberty and justice for all.
In 2015 the ACLU released a report on deaths during police encounters in Maryland from 2010 to 2014. Key findings of that report included:
1) At least 109 people died in police encounters in Maryland between 2010-2014. These deaths were dispersed throughout the state in 17 counties and Baltimore City.
2) Sixty-nine percent of those who died in a police encounter (75 people) were Black. Blacks make up 29 percent of Maryland’s population.
3) Five Black people died for every White person who died, when the size of the Black and White populations were taken into account. Put another way, the rate at which Blacks died by a police encounter (deaths per population size) was five times that of Whites.
Following the death of Freddy Gray in 2015, numerous pieces of legislation to address the issue of policing were introduced in the 2016 and subsequent sessions of the General Assembly. A summary of those pieces of legislation was presented in a briefing to the Workgroup to Address Police Reform and Accountability in Maryland. However, these modifications to the law were not getting to the heart of the problem which is why House Speaker Jones appointed the work group.
Meanwhile a group of advocates that included individuals and family members who have been impacted by police violence, civil rights activists, religious leaders, law centers and advocates for a whole host of marginalized groups, came together to agree on five reforms that they believe would make a significant improvement to police practices in Maryland. These reforms were widely circulated and nearly 100 organizations, including the League of Women Voters of Maryland, signed on to support them.
Currently legislators are working with advocates to finalize language for bills for the 2021 session of the General Assembly to enact these reforms. When the bills have been assigned bill numbers and sponsors, an update will be sent out to interested readers of this report.
These are the five areas of change in policy that are being sought by legislation:
- Repeal the Law Enforcement Officer’s Bill of Rights: The Law Enforcement Officer’s Bill of Rights (LEOBR) is the state law that governs the process for police discipline in Maryland. It gives special rights to police officers that other state employees to not have and it prevents communities form investigating misconduct that could lead to discipline. Maryland was the first state to pass such a law. While some states have similar laws on the books, most states do not. Maryland’s law is considered one of most extreme in the country. Because of LEOBR it is very rare for complaints about police conduct to result in consequences.
- Restore Control of the Baltimore City Police Department to the residents of the City of Baltimore Since the 1860’s the Baltimore Police Department has been under control of the state of Maryland, not the city of Baltimore. The residents of Baltimore have the right to a police department that is accountable to them, not the state. Local officials lack the authority to enforce accountability and policing reforms, some of which were mandated by the Justice Department following the death of Freddie Grey.
- Increase Transparency in the Investigations of Police Misconduct If an individual files a complaint of police misconduct, they do not have the right to know how the complaint was investigated. They are only informed of the outcome of the investigation and whether any disciplinary measures were imposed. The public does not know whether the investigation was thorough. For example, what evidence did they look at, who was interviewed, did they review body camera footage? Secrecy about investigations is undermining the trust that police are being held accountable for their actions.
- Remove law enforcement from our children's schools. Studies have shown that police presence in schools does not reduce school shootings or school-based violence. National studies show that students in schools with a police officer are five times more likely to be arrested for disorderly conduct and twice as likely to be referred to law enforcement for infractions such as fist-fights than students in schools without a police presence. The state allocates approximately $10 million annually to help subsidize School Resource Officers. We are supporting legislation to reallocate that funding to provide behavioral and mental health specialists in schools.
- Limit the use of force by law enforcement Maryland is one of only nine states without a statewide use of force law. However, no state or federal law meets international standards for police use of force. Use of force in Maryland is governed by two Supreme Court cases. In 1989, the court authorized use of force when it is “objectively reasonable.” The other authorizes lethal force to prevent a person who is incarcerated from escaping if there is probable cause to believe the suspect poses a significant threat of being violent. There needs to be a clear definition of lethal and non-lethal force and the circumstances under which they may be used.
One of the challenges to passing this legislation is the perception that it is anti-police. However, the coalition recognizes that the vast majority of police officers are committed to performing their duties in a professional and ethical manner. These reforms will hold those police who are guilty of misconduct accountable and possibly remove them from policing. In turn, that will increase confidence and trust in police and thus make their jobs easier. Another concern is that these reforms will reduce safety. Even if school resource officers aren’t assigned to be in schools on a regular basis they can still be called if a serious incident warrants their intervention. However, instead resorting to law enforcement as a first resort, it will require schools to apply more appropriate approaches first.
As was mentioned in the opening of this article, policing in America has had a troubled history of discrimination and abuse. At last, the public is waking up to the fact that tolerating practices that further the inequalities in our society must not be tolerated. Police have enormous power and authority which must be used in a responsible and ethical way. We must make sure that policing is equitable, transparent and democratic.
After much consideration and deliberation about the most effective way to inform and engage our supporters on the issues before the Maryland General Assembly that are of interest to members of the League of Women Voters, we have decided to retire the publication Report from State Circle (RSC).
The RSC was created by LWV volunteers more than four decades ago to provide citizens who wanted to follow Maryland legislation with a way to access information about the General Assembly proceedings and documents. At that time, only by having a physical presence in the capitol could citizens obtain copies of bills and witness hearings and floor debate. Since that time, the General Assembly has created and continually upgraded its online platform to allow the public to track the progress of bills and watch or listen to committee hearings and floor sessions in real time -- thanks to grassroots advocacy LWVMD has participated in. In addition, numerous other publications have emerged to help inform us about legislative activity and social media allows users to get breaking news within minutes.Read more