MARYLAND GOVERNOR'S REDISTRICTING ADVISORY COMMITTEE
LEGAL STANDARDS FOR PLAN DEVELOPMENT
Adopted June 11, 1991
The Committee's goals are twofold: (1) to redistrict the U.S. Congressional delegation and reapportion the State Legislature in accordance with all applicable constitutional and legal standards; and (2) to act promptly so that Congressional redistricting legislation is enacted and implemented in time to hold primary elections on March 3, 1992.
1. The General Assembly shall be made up of 67 Senate districts and 141 House
districts with three Delegates in each Senate district. A legislative district may be subdivided into three single-member, or one single-member and one multi-member, House districts if necessary for constitutional or statutory reasons, such as assuring minority access but the assumption is that the cores of present (e.g., multi-member) districts will be preserved in the absence of pressing constitutional or statutory reasons to do otherwise.
2. Equal Population
(a) The 47 Senate districts shall be substantially equal in population, taking into constitutional and historical recognition of political subdivisions. The population of any legislative subdistrict shall be substantially equal to the appropriate fraction of the Senate district population. Deviations from the ideal Senate district or legislative subdistrict population should not exceed +5% or -5% (except as may be necessitated by other constitutional requirements).
(b) The population of Congressional districts shall be as equal as practicable to one eighth of the population as established in the federal census report applicable as of September 15, 1991.
(c) The 1990 census reports and any adjustment thereof released for redistricting purposes shall be the basis for determining district populations in plans considered in the Special Session of the 1992 Session.
District plans shall be based on census blocks or other larger units of census and political geography so that it will not be necessary to estimate the population of any district. To the extent possible, district plans shall not divide precincts unless necessary for population purposes.
Congressional and Legislative district plans may not dilute minority voting strengths and shall comply with the 1965 Voting Rights Act, as amended. No plan shall be acceptable if it affords members of a racial or language minority group "less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choices."
1. Districts should not be created which would either unduly "pack" a super-majority of a racial or language minority group into a district, or "fracture" such a group into more than one district so as to dilute their ability to elect their chosen representatives.
2. "Multi-member districts are clearly allowable, but they must not be created so as to allow a racial or language majority group, voting as a bloc, to defeat candidates supported by a politically cohesive, geographically insular minority group, which could constitute a majority in a single-member district."
The territory of each legislative district should be contiguous. Although not legally or constitutionally required, Congressional districts, to the extent possible, should be contiguous including contiguity by water.
To the extent permitted by other controlling considerations and by the geographical configuration of the State, the subdivisions, and election precincts, each legislative district should be compact in form. Although not legally or constitutionally required, Congressional districts, to the extent possible, should be compact. To the extent possible, recognition may also be given to prior legislative boundaries.
Due regard should be given to the boundaries of political subdivisions, and, where possible, the splitting of municipalities should be avoided.
Due regard should be given to natural boundaries.
Among the foregoing legal constraints, it is clear that requirements regarding equal population (A) and minority access (B) hold the highest priority. Constraints regarding contiguity, compactness and natural and subdivision boundaries then follow.
In addition to the foregoing legal constraints, the following additional guidelines should be considered.
To the extent possible, the plan, as adopted, should follow established precinct lines as shown on the 1990 census maps and in the census redistricting population counts.
The plan should be cognizant of and consideration given to preserving identifiable communities of interest.
It is permissible for the plan to consider existing districts and incumbents.
Subdistricting, with respect to legislative districts, may be permitted to protect county integrity and to comply with the Voting Rights Act, and each county and the City of Baltimore shall be assured at least one Delegate to the extent possible.
It is recognized that the application of the legal constraints may foreclose a uniform application of guidelines G through J, and that the application of one or more of these guidelines may be precluded, in given situations, by the application of other guidelines. However, the total set of guidelines A through J should be adopted, subject to these limitations.