Code of Maryland Regulations (Last Updated: April 6, 2021) |
Title 01. Executive Department |
Subtitle 01. EXECUTIVE ORDERS |
Chapter 01.01. Executive Orders |
Sec. 01.01.2021.02. Maryland Citizen Redistricting Commission
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A. There is a Maryland Citizen Redistricting Commission (the Commission).
B. Membership.
1. The Commission consists of the following members appointed by the Governor:
a. One registered with the Democratic Party;
b. One registered with the Republican Party;
c. One not registered with either the Democratic Party or the Republican Party; and
d. Six selected from a public application process, apportioned as follows:
i. Two registered with the Democratic Party;
ii. Two registered with the Republican Party;
iii. Two not registered with either the Democratic Party or the Republican Party.
2. Each member shall be a voter who, for at least three years immediately preceding the date of appointment, has been registered in the State continuously with the same political party or continuously with neither the Democratic Party nor the Republican Party.
3. No member may be:
a. A representative or candidate for representative in the U.S. Congress;
b. A member or candidate for member of the General Assembly of Maryland;
c. An officer or employee of a political party or political committee;
d. A member of staff of the Governor, Maryland General Assembly, or U.S. Congress; or
e. A current registered lobbyist.
4. The selection of members shall be intended to produce a Commission that is independent from legislative influence, impartial, and reasonably representative of the States diversity and geographical, racial, and gender makeup.
5. The Governor shall appoint one or more members to chair the Commission.
6. A vacancy may be filled in the same manner that the initial appointments are made.
C. Duties.
1. The Commission shall prepare one plan for Marylands state legislative districts and one plan for Marylands congressional districts, in conformance with the following:
a. The plans shall:
i. Comply with all State and federal constitutional and legal requirements, including the Voting Rights Act;
ii. Comply with all applicable judicial direction, rulings, judgments, or orders;
iii. Respect natural boundaries and the geographic integrity and continuity of any municipal corporation, county, or other political subdivision to the extent practicable; and
iv. Be geographically compact and include nearby areas of population to the extent practicable;
b. The plans shall not account for:
i. How individuals are registered to vote, how individuals voted in the past, or the political party to which individuals belong; or
ii. The domicile or residence of any individual, including an incumbent officeholder or a potential candidate for office;
c. Congressional districts shall:
i. Equal the number of representatives in the U.S. Congress that have been apportioned to the state; and
ii. Be equal in population to the extent practicable; and
d. Legislative districts shall be:
i. As nearly equal in population as is feasible given due regard for natural boundaries and the boundaries of political subdivisions;
ii. To the extent possible and consistent with the Commissions other duties and responsibilities, subdivided into single-member delegate districts; and
iii. Numbered consecutively commencing at the northwestern boundary of the state and ending at the southeastern boundary of the state.
2. The Commission shall conduct its business with integrity and fairness.
3. The Commission shall exercise judgment that is impartial and that reinforces public confidence in the integrity of the redistricting process.
D. Procedures.
1. A majority of the members of the Commission shall constitute a quorum for the transaction of any business.
2. The Commission shall:
a. Conduct open and transparent proceedings that:
i. Enable full public consideration of and input as to the establishment of legislative and congressional districts; and
ii. Encourage citizen outreach and broad public participation in the redistricting process;
b. Hold meetings at such times and such places as it deems necessary, provided that the meetings are accessible to the general public in accordance with the Maryland Open Meetings Act or other applicable law;
c. Conduct regional summits to allow citizens to offer comment on the boundaries of the congressional and legislative districts;
d. Provide an electronic portal for citizens to review redistricting data and submit their comments about redistricting; and
e. Undertake any other activities it deems appropriate to further increase opportunities for the public to observe and participate in the redistricting process.
3. The Commission may adopt such other procedures as may be necessary to ensure the orderly transaction of business, including the creation of committees.
4. The Commission may designate additional individuals, including interested citizens, educators, or specialists with relevant expertise, but excluding individuals identified in Section B(3), to serve on any committee.
5. The Commission may consult with units of State government and outside experts to obtain such technical assistance and advice as it deems necessary to complete its duties.
6. After receiving sufficient comment, input, assistance, and advice from the public, experts, units of State government, committees, and other interested persons, the Commission shall:
a. With at least seven affirmative votes of the members, approve and certify proposed redistricting plans that separately set forth district boundary lines for state congressional and legislative districts;
b. Approve and certify proposed maps that correspond to the redistricting plans;
c. Publicize the proposed plans and maps in a manner reasonably designed to achieve broad public availability and access; and
d. Accept and review comments about the proposed plans and maps.
7. After publicizing, reviewing, and making any appropriate adjustments to the proposed plans and maps, the Commission shall:
a. With at least seven affirmative votes of the members, approve and certify final redistricting plans for state legislative and congressional districts;
b. Approve and certify final maps that correspond to the redistricting plans;
c. Submit the final plans and maps to the Legislative Office of the Office of the Governor; and
d. Issue a report that explains the basis for the Commissions decisions and includes definitions of the terms and standards used for each plan.
E. The Office of the Governor shall prepare and transmit the final certified redistricting plans and maps for introduction in the General Assembly.
F. Membership of the Commission shall not be compensated, but members are entitled to reimbursement for expenses as provided by law.
G. The Office of the Governor shall provide the Commission with staff and consultants as necessary and feasible.
H. The public records of the Commission are subject to inspection pursuant to the Public Information Act.
I. All units of State government subject to the supervision and direction of the Governor shall cooperate with and assist the Commission in carrying out its responsibilities.