The deal with ‘misinformation’

Over the last week or so we’ve been treated to some of the most furious backpedaling we’ve ever seen. I don’t know if it’s the same elsewhere in the state, but the Eastern Shore delegation has been taking an earful from constituents about a bill with the innocuous title “Public Safety – Extreme Risk Prevention Orders.” But that’s not the bill’s original title: as first introduced it was “Seizure of Lethal Weapons – Lethal Violence Protective Order.” Unfortunately, the bill still deals with seizure and arguably does little to promote the safety of the public.

Arguing there “has been some misinformation” about this bill, three members of our local delegation (Chris Adams, Carl Anderton, and Mary Beth Carozza) issued a joint statement vowing that if certain defects aren’t fixed, they won’t back the bill when it comes back from the Senate. Of course, that makes the assumption that the majority in the Senate won’t just pass this unmolested and dare Governor Hogan to veto a bill many in his party detest. (Hint: he won’t. It may not be graced with his signature, but he won’t veto it.)

We’ll come back to Hogan in a moment, but in the last few days since the vote we have heard many excuses from the GOP, most of whom voted for the bill. It doesn’t take the cake of Delegate Barrie Ciliberti co-sponsoring the bill then changing his vote to be against it (unless that change is made for some arcane parliamentary maneuver) but much of the blame has come from being “misinformed” or being “led to believe” Second Amendment groups were behind this. There is an argument to be made that there is so much information being thrown at these elected officials (with this year’s docket exceeding 3,000 bills to be considered over a 90-day period) that mistakes can be made, but then one has to ask: what else are they missing? “You know, the bill sounds good, and it IS public safety…”

It should be noted, though, that the Judiciary Committee in the House did a complete bait-and-switch on this one, perhaps seizing on the hot-button topic of the Parkland shooting. HB1302 was completely gutted and replaced by the Judiciary Committee that the original sponsor (Democrat Geraldine Valentino-Smith) doesn’t sit on. That event happened between the initial introduction and the House hearing, but the bill was marked up in committee on March 12. It passed by a 12-4 vote, and notably several Republicans did not vote on the bill in committee: Delegates Susan McComas, Neil Parrott, and Deb Rey were excused, and Delegate Trent Kittleman abstained. The other four (Joe Cluster, Paul Corderman, Glen Glass, and Michael Malone) voted against it; however, Cluster and Glass were absent from the third reading vote and Malone voted in favor of the bill. Of those on the Judiciary Committee, only Corderman and Parrott voted no.

It’s patently obvious to me that the House Republicans were trying to appeal to the so-called popular opinion that everything gun-related is bad. They read the tea leaves and newspapers and everywhere you turn you’re being assaulted with anti-Second Amendment propaganda. Yet out of our local District 37 and 38 delegation, the only Republican with a really difficult race is Mary Beth Carozza and that’s because she’s opted to try and advance to the Senate. (Valid question: will this vote tip the scale to another NRA endorsement for Democrat Jim Mathias? Ask the liberals in District 38 how they like his receipt of NRA money.) The other Republicans either voted no on HB1302 (Charles Otto) or have stiffer opposition in the primary than they do for the general election – Adams and Mautz have two primary opponents but only one Democrat is in the race.)

Yet this brings up another point about the top of the ticket. Last night I did a bit of research and remembered the 2014 election – you know, that one Larry Hogan shocked the state and won? Well, a significant part of the reason was carrying the suburban counties like Anne Arundel, Baltimore County, and Frederick with over 60% of the vote (collectively, since he was 59% in Baltimore County) and blowing out Anthony Brown in the rural areas with anywhere from 65 to 82 percent of the vote. That made up for soft numbers in the D.C. region and Baltimore City.

The problem Larry Hogan has this time around is twofold, and has a little bit of irony to it: for a Republican to succeed nationally in the cause of limiting government he has to put a chill in Maryland’s economy. Thanks in no small part to the Trump administration, Larry Hogan will be lucky to get 35% in Montgomery County – compared to 36.7% last time. That may not seem like a lot, but out of 300,000 votes losing a 2% share is 6,000 votes.

You can argue, that’s fine, he won by 65,000 the first time. But what if his reversal on the fracking ban costs him 10% of his vote in Western Maryland? The three westernmost counties combined for about 70,000 votes last time and were a significant portion of his victory margin. That could be another 7,000 votes. Taking a similar share from an Eastern Shore upset at his Second Amendment stance and early cave on phosphorous regulations could be another 10,000 votes lost. Without touching the suburban counties, we’ve eroded 1/3 of his victory margin and the rest may come from Democrats who decide to stay loyal and vote for their candidate. (Fortunately for Hogan, the Democratic field seems to all be trying to leapfrog left of each other so turnout may not be as great as the Democrats think they will get. The biggest break Hogan has received in this cycle was not having to contend with either John Delaney or Peter Franchot, either of whom would probably have easily won the nomination against this field.)

Simply put, there are a lot of people who held their nose and voted for Larry Hogan the first time in the hopes he would govern as a conservative. Well, they were surely disappointed and the fear is that they just stay home this time around: why bother voting when you have the same results regardless of which party is in charge, they say. Perhaps it’s an information silo I reside in, but I often see people claiming they won’t vote for Hogan this time (meaning they’ll likely stay home or skip the race) but I never hear of a Democrat who voted for Brown being convinced the Republican is doing the job and will get his or her support. Most Democrats I hear from already voted for Hogan last time.

So this gun bill has really exposed some fissures in the state GOP, and the party brass has to hope their electoral hopes don’t fall through the cracks.

When three should be one

Last month I wrote about the controversy some Central Committees around the state faced when it came to filling vacancies for Senator and Delegate positions. It boiled down to the preference of Governor Hogan to have a selection of names to choose from when it came to these positions clashing with both the desire of local Central Committees to make the choice and the language of Section 13 of the Maryland Constitution.

If you look at those who have been appointed so far to the various positions, there is a level of familiarity involved: Barrie Ciliberti is a former Delegate returning to the House of Delegates, while Andrew Serafini and Justin Ready have moved up from the House to the Senate to fill vacancies there. The seats formerly held by Ready and Serafini are among the three current vacancies in the House of Delegates, with the other being the seat formerly belonging to Delegate Cathy Vitale, who was tapped by the outgoing O’Malley administration to fill an Anne Arundel County judgeship.

In the cases of Ciliberti, Ready, and now Vitale, there has been no shortage of controversy in filling the seats. Supporters of Wendi Peters, who finished fourth in the District 4 primary for Delegate, fumed that a member of the slate also consisting of Delegates Kathy Afzali and David Vogt and Senator Michael Hough leapfrogged Peters in the selection process – Barrie Ciliberti was fifth in that primary, but a Frederick County Republican Central Committee consisting of Hough supporters made the decision with Carroll County’s body tabbing Ciliberti as one of their three finalists as well.

Carroll County’s Republican Central Committee has its own stain, replacing its original choice of Robin Bartlett Frazier for District 5 Senate at the behest of the Hogan Administration, which insisted that they amend the process to permit the elevation of then-Delegate Justin Ready to the Senate.

With Anne Arundel County now under the gun to replace Vitale, the three vs. one controversy is back. According to an article in the Capital Gazette by Chase Cook and Sarah Haynesworth, Anne Arundel County’s Central Committee is planning to send just one name to Governor Hogan – at least until there’s a formal request to do otherwise. Apparently such a request is on its way.

If it were my Central Committee, though, that formal request would be crumpled up and thrown into the circular file. The Gazette piece quotes current Delegate Tony McConkey at length, noting that he’s advising the AARCC to send just one name.

As I stated in January, the selection of a state officer should be done closest to the district involved, meaning it would be the Central Committee’s task to select the recipient and not the Governor’s. It’s a similar argument to the one we as a Central Committee have made regarding the wisdom of an elected Board of Education for Wicomico County as opposed to the current system of appointees from the governor’s office in Annapolis. Assuming we get the school board as currently envisioned, even the appointees for the hybrid portion of the board and for any vacancies would be done locally.

Yet there’s now another element being thrown into the mix. On her way out the door Delegate Vitale introduced HB1070, which would change the Maryland Constitution to allow for a special election in Presidential years once a vacancy is created. As an example, if the law were in effect today those who were recently appointed would face re-election in 2016 to a two-year term rather than serving all the way until 2018. In its description of the proposal the Gazette is incorrect because the earliest we could see such an election would be 2020 – even if passed this year it would be on the 2016 statewide ballot as a question (most likely Question 1.)

In some respects this is a good idea, but I think this would be very confusing to voters. In certain time frames, it could also be difficult to get a person to serve unless it was understood they would be a caretaker member until the election was over – sort of like the situation we faced in replacing Page Elmore in 2010 during the midst of a primary campaign for his successor. The consensus we reached with Somerset County was to put his widow in the seat until the new Delegate was elected (which turned out to be Charles Otto.)

Nor should we forget that, when the shoe was on the other foot and a Democrat was appointing for a Democratic seat, only one name was turned in by the local party organizations.

If appointments are going to be done in Annapolis from a list of three names, it begs the question: just what function do Central Committees have, anyway? At that point the Appointments Secretary just might as well handle the whole thing. I hope that’s not the overall intent of the Hogan administration, but right now they seem to want to cut the locals out of the process where they can and it’s disappointing.

The power of one

January 25, 2015 · Posted in All politics is local, Delmarva items, Maryland Politics, Politics, State of Conservatism · Comments Off on The power of one 

The return of a Republican to Government House has been a boon to the state party, but it has created no shortage of chaos in the General Assembly and in counties where erstwhile members of that body reside. One example of this is Carroll County, which has had to replace two members of its delegation as both Senator Joe Getty and Delegate Kelly Schulz were tapped for administration jobs.

Replacing the latter brought significant strife to neighboring Frederick County, where most of District 4 lies, but since a small portion lies in Carroll County they also get their say. But one change in their process was agreeing to Larry Hogan’s request to send him three names, which Carroll did. Since former Delegate Barrie Ciliberti is on both lists, it would presumably be his seat once Schulz is confirmed the Secretary of Labor, Licensing, and Regulation by the Maryland Senate.

But if you look at the three men Frederick County advanced to their final interview stage, you would notice that Ciliberti was the only name agreed on – however, it’s been reported that Carroll had Ciliberti as their second choice behind Ken Timmerman, who didn’t make Frederick’s top three.

Carroll County has also been feeling the heat for sending up the name of Robin Bartlett Frazier as their choice to replace Senator Getty over Delegate Justin Ready, among others. Frazier was a county commissioner until losing a bid for re-election this year; her biggest claim to fame is ignoring a judge’s order and beginning commission meetings with a prayer. One argument in Bartlett’s favor was that selecting Ready would have only set up a second search for his vacant position.

These incidents serve as a reminder to the issues Republicans had with replacing Senator E. J. Pipkin and Pipkin’s eventual successor Steve Hershey back in 2013. But imagine if all four counties in the District 36 jurisdiction had to send up three names, and they were all different? It would be chaos.

Here’s what the Maryland Constitution has to say about the process of replacing General Assembly members:

SEC. 13. (a) (1) In case of death, disqualification, resignation, refusal to act, expulsion, or removal from the county or city for which he shall have been elected, of any person who shall have been chosen as a Delegate or Senator, or in case of a tie between two or more such qualified persons, the Governor shall appoint a person to fill such vacancy from a person whose name shall be submitted to him in writing, within thirty days after the occurrence of the vacancy, by the Central Committee of the political party, if any, with which the Delegate or Senator, so vacating, had been affiliated, at the time of the last election or appointment of the vacating Senator or Delegate, in the County or District from which he or she was appointed or elected, provided that the appointee shall be of the same political party, if any, as was that of the Delegate or Senator, whose office is to be filled, at the time of the last election or appointment of the vacating Delegate or Senator, and it shall be the duty of the Governor to make said appointment within fifteen days after the submission thereof to him.

(2) If a name is not submitted by the Central Committee within thirty days after the occurrence of the vacancy, the Governor within another period of fifteen days shall appoint a person, who shall be affiliated with the same political party, if any as was that of the Delegate or Senator, whose office is to be filled, at the time of the last election or appointment of the vacating Delegate or Senator, and who is otherwise properly qualified to hold the office of Delegate or Senator in the District or County.

(3) In the event there is no Central Committee in the County or District from which said vacancy is to be filled, the Governor shall within fifteen days after the occurrence of such vacancy appoint a person, from the same political party, if any, as that of the vacating Delegate or Senator, at the time of the last election or appointment of the vacating Senator or Delegate, who is otherwise properly qualified to hold the office of Delegate or Senator in such District or County.

(4) In every case when any person is so appointed by the Governor, his appointment shall be deemed to be for the unexpired term of the person whose office has become vacant.

(b) In addition, and in submitting a name to the Governor to fill a vacancy in a legislative or delegate district, as the case may be, in any of the twenty-three counties of Maryland, the Central Committee or committees shall follow these provisions:

(1) If the vacancy occurs in a district having the same boundaries as a county, the Central Committee of the county shall submit the name of a resident of the district.

(2) If the vacancy occurs in a district which has boundaries comprising a portion of one county, the Central Committee of that county shall submit the name of a resident of the district.

(3) If the vacancy occurs in a district which has boundaries comprising a portion or all of two or more counties, the Central Committee of each county involved shall have one vote for submitting the name of a resident of the district; and if there is a tie vote between or among the Central Committees, the list of names there proposed shall be submitted to the Governor, and he shall make the appointment from the list (amended by Chapter 584, Acts of 1935, ratified Nov. 3, 1936; Chapter 162, Acts of 1966, ratified Nov. 8, 1966; Chapter 681, Acts of 1977, ratified Nov. 7, 1978; Chapter 649, Acts of 1986, ratified Nov. 4, 1986).

One can argue this both ways, but since the language states “a person whose name shall be submitted” it’s taken to mean one person. In the case of District 36, the choice was made by then-Governor O’Malley between two names because two counties backed Hershey and two preferred Delegate Michael Smigiel. All of them submitted one name.

And this brings me to a message those of us who serve (or ran for) Central Committees around the state received from Kathy Fuller, who serves on the Carroll County Republican Central Committee. After she went through the process Carroll County used, she made one key point:

We have the constitutional requirement to provide one name. To do anything else usurps the constitutional authority endowed upon the Central Committee. If a Central Committee decides upon one name and submits it, the Governor must appoint that person. The power of the appointment then rests with the Central Committee. If the Central Committee can be convinced to submit more than one name then the Governor actually chooses who is appointed, and the power of the appointment rests with the Governor.

The Constitution designates Central Committees to choose who is appointed and the governor to carry out the appointment. This is separation of power. The Governor is the executive branch; the House and Senate are the legislative branch. If the Governor picks the members of the legislative branch then this corrupts the separation of powers and the checks and balances necessary for good government.

Think of it this way: The Governor has hundreds of appointments he is able to make. If he were to appoint legislators to most of those jobs and then tell the central committees who to send as replacements he would control most of government, both the executive and legislative branches. This is an extreme example, but illustrates the danger of allowing the authority endowed upon the central committees to be usurped by giving the governor more than one name or by allowing him to tell the central committee who that name should be. This is the same reason many gubernatorial appointments are made with the consent of the legislature. It is the check and balance of good government.

Just because Larry Hogan wants three names to choose from doesn’t mean he is entitled to those three names. Unfortunately, most Republican politics turns the process on its head as they desire only one person to run in any primary (to avoid a GOP candidate spending money in a primary fight) but more than one person in this instance so that the state elected official farthest from the people (and perhaps representing the opposite party) makes the choice. Given the choice between a hardline conservative and someone more moderate and “bipartisan” we know who Larry Hogan would pick 95 percent of the time – so Carroll County should have maintained their fealty to the original process. If Maryland had a provision for a special election to fill these seats I would be happy to have plenty of choices, but it does not and I think Fuller’s argument is the correct one.

And to me there is no better illustration of what went wrong with the process than our experience with the District 4 Wicomico County Council vacancy some years ago. By charter, we had to submit four names to County Council, which did their own vetting process after we did our interviews and voted on who to send. At the time it was also an overly rushed process because we only had 30 days to get through the process – a charter change adopted in 2012 extended this to 45 days. But had we only been required to send one name, there would be a different occupant of the office because the eventual appointee was not our top choice. This would be a good charter change to consider since the county charter is different than the state’s Constitution on this manner.

Finally, it’s worth pointing out that, in one respect, all of these appointments are moot because none of the principals have resigned yet. They all await confirmation to their positions but the process was started early because the General Assembly would be in session during the time. But I think it needs to be clarified that the duty of the Central Committee is already spelled out in the state’s Constitution and we need only submit one name for these positions.

Let’s do what’s right under the law, not the personal preference of the new governor.

Back to normalcy

It’s not quite as momentous as the 1920 election, where Warren G. Harding made my title part of his post-World War sloganeering, but today the holidays are now behind us, we return to the five-day workweek, and the political world awakens from its slumber later this week as Congress returns to session. (Maryland politicians will wait another week, as the second Wednesday in January falls at its latest possible date, the 14th.) Soon we will begin to see if the solutions that were promised to the voters will be the agenda for the new sessions.

But there are other aspects of “normalcy” we are beginning to see as well, as the power brokers jockey for position in the Republican Party. Case in point: the hue and cry put up by supporters of the next-highest primary vote-getter in the process of selecting a replacement for Delegate Kelly Schulz, who was tapped by Governor-elect Hogan to be his Secretary of Labor, Licensing, and Regulation. It was up to the Frederick County Republican Central Committee to select three people for a final interview process out of the sixteen applicants, and the three they selected were Barrie Ciliberti, a former delegate from Montgomery County who finished fifth in the primary (the top three advanced); Paul Stull, a former delegate who lost to Schulz in the 2010 Republican primary, closing a 16-year run in the House, and Chris Glass, Sr.

Wendi Peters, who finished fourth in the primary, did not get the nod to move on. Her sin? Not being on a slate with Senator-elect Michael Hough, Delegate Kathy Afzali, Delegate-elect David Vogt, and Ciliberti. Instead, she was a supporter of losing Senator David Brinkley – yet she had the backing of Schulz for the seat. A Central Committee chaired by JoeyLynn Hough made the selections.

I’ve been around this block a time or two. As a member of a Central Committee, our focus in selecting replacements was on whether the new person would be relatively conservative and also electable for the next term. Admittedly, we’ve had at least one swing and miss in this regard but the County Council chose not to select our committee’s top vote-getter for a 2011 vacancy. In the instance of picking a Delegate – which we had to help Somerset County do when Page Elmore passed away in 2010 – it occurred at a time when we didn’t want to influence a primary campaign in progress, so we agreed to select his wife Carolyn to finish the term.

In Frederick County’s case, an argument could be made for the former Delegates but personally I would have preferred someone younger than their late seventies, which is the case for both Ciliberti and Stull. But ignoring the voters who picked Peters as the highest vote-getter that didn’t advance – as well as the choice of the Delegate who is leaving the seat to replace her – seems to me a slap in the face to those voters over petty politics and a disservice to the Republicans they purport to represent. It’s a battle which reminds me of the entirety of the District 36 fiasco back in 2013 when Senator E.J. Pipkin resigned.

On a national level, this is reflected in the grassroots movement to dump John Boehner as Speaker of the House. Take as an example an e-mail I received from the Wicomico Patriots:

Now it is time to engage again as Congress returns on Tuesday to swear in the members and to vote for Speaker of the House. Please call or write an email to Andy Harris encouraging him to vote for a new speaker. It only takes 29 congressmen to block Boehner’s re-election as speaker. Once he is blocked, the opportunity is there for a new person to step up.

I am aware that it is potentially politically dangerous for Andy Harris to vote against Boehner. If Boehner were to win anyway, then he can retaliate by removing people from their prestigious positions. Andy Harris is on the appropriations committee, one of the most powerful committees. However, we did not vote for Andy Harris so that he could protect his political power in DC. We voted for Andy Harris to stop the Obama agenda. Boehner has been completely ineffectual in stopping Obama.

So, Andy Harris, will you listen to the people who got you elected and take the difficult step of voting against Boehner or will you continue to follow him?

Your CRomnibus vote was very discouraging to your conservative base. Do we really think that you and Boehner will suddenly get the courage to block the funding of Homeland Security in February? Do you think that blocking funding for that is easier than refusing the whole 1000 page monstrosity called cromnibus?

No, the excuses keep coming as the can is kicked down the road over and over again. Now is the time for you to stand up and fight for us.

Please do contact Andy Harris at: (202) 225-5311. (Emphasis mine.)

And here’s my own message to the Congressman:

For too long we have heard excuse after excuse from your leadership, accompanied by the promise to fight at the next critical juncture. If the Republicans want to be the opposition party they were elected by We the People to be, then they need to show some opposition on Obamacare, on securing the border and addressing executive actions further encouraging the torrent of illegal immigration, and on spending beyond our means. Collectively, you will be painted as a “do-nothing Congress” by the President, Democrats, and media (but I repeat myself) anyway so just pass those common-sense measures and dare Obama to veto them.

In short, we want a Speaker of the House with the backbone to stand up to Barack Obama so we demand you withhold your vote from John Boehner. It’s worth pointing out that a 2016 Congressional run from a conservative member of the Maryland General Assembly is possible and doable – just as you did against a sitting Wayne Gilchrest when you were first nominated in 2008. Certainly there would be a monetary disadvantage for the challenger, but in my opinion no one should be immune from a serious primary challenge – particularly if he or she isn’t listening to the wishes of the district being represented. A poll cited by Jim Geraghty of National Review Online shows 60% of Republicans would “probably” or “definitely” replace Boehner as Speaker. Even as an Ohio native, count me as a “definite.”

These are two stories to keep your eye on in the coming days. Why do I get a sinking feeling they won’t end well for the good guys?

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