In re Legislative Districting

801 A.2d 1049, 369 Md. 601, 2002 Md. LEXIS 373
Court of Appeals of Maryland·Decided June 21, 2002·No. Nos. 19, 20 and 22-34·Published·Cited by 2 cases

Opinions

ORDER

In an Order dated June 11, 2002, the Court of Appeals of Maryland declared that, for reasons to be stated in an opinion later to be filed, significant portions of the 2002 Legislative Redistricting Plan violated the Maryland Constitution, and that the Plan was, therefore, invalid. The Court further [603] stated that it would endeavor to prepare a constitutional plan with the assistance of technical consultants which the Court subsequently appointed in accordance with its Order dated June 17, 2002.

NOW, THEREFORE, it is this 21st day of June, 2002,

ORDERED, by the Court of Appeals of Maryland, with Judge Raker dissenting, that the following legislative district-ing plan be promulgated and adopted:

GENERAL PROVISIONS

(a) The State of Maryland is divided into 47 districts for the election of members of the General Assembly of Maryland.

(b) Each legislative district shall elect 1 Senator and 3 Delegates.

(c) Each legislative district may be subdivided into 3 single member delegate districts or into 1 single member delegate district and 1 multimember delegate district.

(d) In any legislative district which contains more than 2 counties, Maryland Code (1984, 1999 Repl.Vol., 2001 Supp.), § 2-201(d) provides:

(1) where Delegates are to be elected at large by the voters of the entire district, a county, or part of a county, may not have more than 1 Delegate residing in that district; and

(2) where Delegates are to be elected by the voters of a multimember subdistrict which contains more than 2 counties or parts of more than 2 counties, a county or a part of a county may not have more than 1 Delegate residing in that subdistrict.

(e) (1) The descriptions of legislative districts in this order, including all references to:

(i) election districts and wards are to the geographical boundaries of the election districts and wards as they existed as of April 1, 2000; and

(ii) precincts are to the geographical boundaries of the precincts as reviewed and certified by the local board of supervisors of elections or their designees, before they were reported to the U.S. Bureau of the Census as part of the 2000 [604] Census Redistricting Data Program and as those precinct lines are specifically indicated in the P.L. 94-171 data or shown on the P.L. 94-171 census block maps provided by the U.S. Bureau of the Census and as reviewed and corrected by the Maryland Department of Planning.

(2) Where precincts are split between legislative districts, census tract and block numbers, as indicated in the P.L. 94-171 data or shown on the P.L. 94-171 census block maps provided by the U.S. Bureau of the Census and referred to in § 2-202, are used to define the boundaries of legislative districts.

(f) For purposes of elections, the provisions of this order shall be applicable to elections for members of the General Assembly beginning with the primary and general elections of 2002 and, for purposes of representation, shall be applicable beginning with the second Wednesday of January 2003.

COMPOSITION OF LEGISLATIVE DISTRICTS

The composition of the 47 legislative districts is:

(1) LEGISLATIVE DISTRICT 1 CONSISTS OF:

(A) DELEGATE DISTRICT 1A (SINGLE MEMBER DELEGATE DISTRICT):

(I) GARRETT COUNTY;

(II) ALLEGANY ELECTION DISTRICTS 8, 9, 10, AND 18; AND

(III) THAT PART OF ALLEGANY ELECTION DISTRICT 31 THAT CONSISTS OF CENSUS TRACT 22.00, BLOCKS 1008, 1020 THROUGH 1022, 1024, 1025, 1027 THROUGH 1038, 1047 THROUGH 1057, 3000, AND 3079 THROUGH 3089;

(B) DELEGATE DISTRICT IB (SINGLE MEMBER DELEGATE DISTRICT):

(I) ALLEGANY COUNTY ELECTION DISTRICTS 7, 11, 12,13, 20, 21, 23, 24, 26, 29, AND 34;

(II) ALLEGANY COUNTY ELECTION DISTRICT 5, PRECINCT 6;

[605] (III) ALLEGANY COUNTY ELECTION DISTRICT 6, PRECINCT 6;

(IV) THAT PART OF ALLEGANY COUNTY ELECTION DISTRICT 3 THAT CONSISTS OF CENSUS TRACT 1.00, BLOCKS 2032, 2036 THROUGH 2044, 2052, 2053, 2055 THROUGH 2061, 2066, 2067, 2175, 2185, AND 2189; AND

(V) THAT PART OF ALLEGANY COUNTY ELECTION DISTRICT 31 THAT CONSISTS OF THE FOLLOWING CENSUS TRACTS AND BLOCKS:

1. CENSUS TRACT 20.00, BLOCKS 3016 THROUGH 3027, 3041 THROUGH 3067;

2. CENSUS TRACT 21.00, BLOCKS 1083 AND 2000; AND

3. CENSUS TRACT 22.00, BLOCKS 1000 THROUGH 1007, 1009 THROUGH 1019, 1023, 1026, 1039 THROUGH 1046,1058,1997, AND 3999; AND

(C) DELEGATE DISTRICT 1C (SINGLE MEMBER DELEGATE DISTRICT):

(I) ALLEGANY COUNTY ELECTION DISTRICTS 1, 2, 4, 14, 16, AND 22;

(II) ALLEGANY COUNTY ELECTION DISTRICT 5, PRECINCT 4;

(III) ALLEGANY COUNTY ELECTION DISTRICT 6, PRECINCTS 1, 3, AND 5;

(IV) THAT PART OF ALLEGANY COUNTY ELECTION DISTRICT 3 THAT CONSISTS OF CENSUS TRACT 1.00, BLOCKS 2000 THROUGH 2031, 2045 THROUGH 2051, 2054, 2062 THROUGH 2065, 2068 THROUGH 2099, 2100 THROUGH 2109, 2110 THROUGH 2121, 2124, 2126, 2127, 2135 THROUGH 2174, 2176 THROUGH 2181, AND 2190 THROUGH 2224;

(V) WASHINGTON COUNTY ELECTION DISTRICTS 4, 5, 15, AND 23; AND

(VI) THAT PART OF WASHINGTON COUNTY ELECTION DISTRICT 13 THAT CONSISTS OF THE FOLLOWING CENSUS TRACTS AND BLOCKS:

[606]*6061. CENSUS TRACT 104.00, BLOCKS 1017 THROUGH 1023; AND

2. CENSUS TRACT 105.00, BLOCKS 1000, 1003, 1004, AND 1021 THROUGH 1023.

(2) LEGISLATIVE DISTRICT 2 CONSISTS OF:

(A) DELEGATE DISTRICT 2A (SINGLE MEMBER DELEGATE DISTRICT):

(I) WASHINGTON COUNTY ELECTION DISTRICTS 2, 7, 9, 14, AND 27;

(II) WASHINGTON COUNTY ELECTION DISTRICT 10, PRECINCT 2;

(III) WASHINGTON COUNTY ELECTION DISTRICT 26, PRECINCTS 2 AND 3;

(IV) THAT PART OF WASHINGTON COUNTY ELECTION DISTRICT 13 THAT CONSISTS OF THE FOLLOWING CENSUS TRACTS AND BLOCKS:

1. CENSUS TRACT 3.01, BLOCKS 1000, 1001, 2000, 2005, 2009, 2010, 2013, AND 2014;

2. CENSUS TRACT 103.00, BLOCKS 1006 THROUGH 1008,1019 THROUGH 1021, AND 1043;

3. CENSUS TRACT 104.00, BLOCKS 1000 THROUGH 1016, 2000 THROUGH 2030, 3000 THROUGH 3022, 4000 THROUGH 4010, 4018 THROUGH 4020, AND 4022 THROUGH 4024; AND

4. CENSUS TRACT 105.00, BLOCKS 2000 THROUGH 2007;

(V) THAT PART OF WASHINGTON COUNTY ELECTION DISTRICT 24 THAT CONSISTS OF THE FOLLOWING CENSUS TRACTS AND BLOCKS:

1. CENSUS TRACT 3.01, BLOCKS 2031 AND 2034 THROUGH 2036;
2. CENSUS TRACT 9.00, BLOCK 3007;

[607]*6073. CENSUS TRACT 104.00, BLOCKS 4011, 4014 THROUGH 4017, 4025 THROUGH 4027, AND 4031 THROUGH 4041; AND

4. CENSUS TRACT 105.00, BLOCKS 3000 THROUGH 3002, 3007, AND 3015; AND

(VI) THAT PART OF WASHINGTON COUNTY ELECTION DISTRICT 26, PRECINCT 1 THAT CONSISTS OF THE FOLLOWING CENSUS TRACTS AND BLOCKS:

1. CENSUS TRACT 9.00, BLOCKS 2018 AND 2020 THROUGH 2024;

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In re Legislative Districting, 801 A.2d 1049, 369 Md. 601, 2002 Md. LEXIS 373 (Md. 2002).

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