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.
Needless to say, many conservatives around the country are disappointed (but not surprised) that the House of Representatives they elected to be the counterweight to Barack Obama decided to elect as its Speaker an insider who has shown little fortitude in fighting for the cause of limited government.
Included in that number who re-elected Boehner as Speaker was our own representative, Andy Harris. He took to social media to explain why, but I think it’s relevant to express my thoughts on why his assessment was incorrect by dividing his statement into portions.
In November, Speaker Boehner was re-nominated by the Republican House Conference without a single opponent stepping forward. That was the appropriate time for an alternative to step forward and be considered by House Republicans.
A lot changed in two months. The House vote occurred on November 13, before Barack Obama followed through on his pledge to take executive action on immigration and before the CRomnibus bill was voted on – in fact, the idea was hatched around that time. It was his handling of these two events and unwillingness to take a stand which included any slim prospect of a government shutdown which angered a number of conservatives. Too many things were taken off the table.
So the timing argument isn’t one which holds water with me.
Today’s vote on the House floor was simply whether Nancy Pelosi or John Boehner was going to be Speaker of the House.
Wrong. There was no chance Pelosi was going to be Speaker. The idea was to bring a second ballot in the hopes that Boehner would see the light, withdraw his name, and allow a compromise candidate to emerge. As Erick Erickson wrote, fellow Ohioan Jim Jordan may have been that guy.
I hope that we can now move forward and work with the Senate to pass common-sense conservative policies. If Speaker Boehner does not deliver on his promises, a Republican House Conference can be called by 50 members and I would join in that call.
Color me extremely, extremely skeptical on that one. We have a four-year track record of a lack of leadership and of kicking multiple cans down the road. And I can already see the excuses.
Over the summer: “We can’t call a conference now – we’re in the middle of working on the FY2016 budget and it would be a distraction.”
Come next fall: “We can’t call a conference now because it would handicap our nominee in 2016. The media would have a field day.”
In 2016: “It’s too close to the election, we can’t risk the infighting and distractions.” And so on. It would be a waiting game where they would hope to outlast our side.
I have no problem standing up for conservative principles to the Speaker and Republican leadership, such as my vote against the reauthorization of the Patriot Act, as well as my votes against the Ryan-Murray budget deal and debt ceiling increases.
But you voted for the CRomnibus, while civil libertarians dislike your vote for CISPA and FISA, so both these items you cite are somewhat mixed bags on the whole.
Please know that I will continue to fight for conservative values and Maryland’s First District in the 114th Congress.
You’re not off to a good start.
I go back to something I highlighted in a previous post on this subject, which reprinted a letter from the Wicomico Society of Patriots:
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.
Sadly. John Boehner is the kind of leader who would be so petty as to punish conservative opponents – whose constituencies are the backbone of the Republican Party – so he’s no leader at all. If only he would exhibit the same backbone to the opposition. It will be worth checking out what happens to the 25 Republicans who did not support Boehner – locally Rep. Scott Rigell, who represents the Eastern Shore of Virginia, was among those opposed.
As for Harris, the questions have to be asked: is this the first major signal of the slide toward the center exhibited by those who have become comfortable inside the Beltway? And how much of an effect will it have on his 2016 prospects? It’s early but if there’s a sentiment underneath the surface that says a more conservative alternative would get the grassroots support that is needed to overcome Andy’s financial advantage – basically, that campaign would have to begin in the next few weeks given the 2016 primary is tentatively scheduled for April 5.
It’s clear that in its current configuration the First District is a Republican stronghold as Harris won in 2012 with 63% of the vote only to breach the 70% threshold in November – yet against a completely unknown, underfunded, and outclassed opponent Harris got just 78% of the primary vote in 2014. (Harris was unopposed in the primary in 2012 and beat Rob Fisher with 67% in 2010.) So Harris does have his detractors and hasn’t faced a “name” Republican opponent since his primary win (with 43%) over then-Congressman Wayne Gilchrest and fellow State Senator E.J. Pipkin.
There’s also been the sentiment that the Eastern Shore needs “one of ours” in the House. While Harris is not a stranger to the Eastern Shore, one part of the reason we were represented by Frank Kratovil for two years was Frank’s successful case that he had “Eastern Shore values” because he lived here (albeit as a come-here who lived almost within sight of the Bay Bridge.)
Perhaps the two saving graces that Andy will have is distance from the election and the slight chance that Boehner figures out the reason we elected more Republicans to the House. But that light you might see looking toward Washington is that of a whole lot of bridges burning.
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?
For the four years he has been in office, Andy Harris has generally enjoyed the support of his conservative Eastern Shore constituents. He’s not had a serious primary challenge since he was elected and garnered over 70% of the vote in 2014 against Democrat Bill Tilghman, whose centrist posture was well right of mainstream Democrats but far out of step with the district.
But since that resounding November victory, Andy’s actions in Congress during the lame duck session have earned him further enmity from the strong libertarian wing of the party and alienated conservatives as well.
By inserting a provision into the so-called CRomnibus bill preventing the District of Columbia from enacting its Proposition 71 marijuana legalization, Harris again became the target of District residents and leaders who demanded a tourism boycott of Andy’s Eastern Shore district earlier this summer. Accusations of being in the pocket of Big Pharma followed, but Harris defended the role of Congress spelled out in the Constitution [Article 1, Section 8] as overseer of the District’s affairs.
Yet while the libertarians of the Shore make up a small slice of the constituency – a Libertarian candidate ran in the First District for three successive elections from 2008-12, but never received even 5% of the vote – the conservatives are upset about Andy’s vote in favor of CRomnibus. That segment of the electorate is Andy’s bread and butter.
In the TEA Party community, there are whispers about who could challenge Andy from the right, as several feel he is on the same glide path that Wayne Gilchrest took during his long Congressional career. His 2008 primary defeat (by Harris) came after a bitter campaign where Andy stuck the “liberal” tag successfully on the longtime pol as well as fellow Maryland Senate opponent E. J. Pipkin.
Ironically, a politician long allied with Pipkin could be a prospect to make that challenge. Michael Smigiel, a delegate who was defeated in the 2014 District 36 GOP primary, is popular among the TEA Party community for his strong Second Amendment stance. But it would be difficult for anyone to raise the money Andy has at his disposal and Harris has bolstered his profile among local elected officials and the state Republican party by being generous with his campaign funds through A Great Maryland PAC.
It’s also worth mentioning for context that CRomnibus is probably roughly the same deal which would have been made if the budget were completed in regular order, given the partisan divide between the House and Senate.
Instead, while most functions of the government will continue through next September, the Department of Homeland Security budget has a February expiration date. This sets up a showdown between Congress and Barack Obama regarding the latter’s executive actions to give de facto amnesty to millions of illegal aliens; however, some hardliners already feel the damage is done.
In response to a lengthy Facebook post by Harris explaining his CRomnibus stance, though, local activists summed up the frustration TEA party activists felt, noting:
- “(Harris) does a nice job of listing those riders and amendments that might seem to gain the approbation of the conservative and Republican audiences, while omitting anything that might serve as a balance – what effectively was the PRICE paid for what was had, the PRICE of ‘compromise.’”
- “It is rather sad that Andy thinks that he can list a few paltry gains and that will make us overlook the whole thousand page monstrosity. The obvious question is that if he got in a few tidbits that he wanted, then who else got in their tidbits and what are those? I would imagine that they will far outweigh any small gains that he is bragging about.”
These activists agree one way Harris could help to restore his image would be to take the lead in the conservative grassroots push to replace John Boehner as Speaker of the House. Bear in mind that this could come at some cost as Andy serves on the Appropriations Committee and a Boehner victory over any challenger for whom Andy shows support could bring repercussions such as the stripping of his position there, but on balance I believe a potential sacrifice such as that is worth the opportunity to have a stronger conservative leader as Speaker. It’s a sentiment shared by commentators at American Thinker, WorldNetDaily, and RedState.
On November 4, people hungry for real change went to the polls to reject the Democratic Senate and place Republicans firmly in control of Congress. The events leading to the CRonmibus, though, shook the confidence that Washington would depart from its business-as-usual benefits to the ruling class by allowing the outgoing defeated members one last hurrah. While all of this blame cannot be laid at the feet of John Boehner, there is a mood in this country that a strong counterbalance is needed to the increasing use of Executive Branch power by Barack Obama, particularly on immigration and Obamacare. The fear of many conservatives, particularly those in the First District, is that John Boehner doesn’t have the spine to rein in the executive.
Just like in 2008, when Andy Harris first ran for Congress, the potential is there in 2016 for state elected officials to “run from cover” as their Delegate or Senate seats aren’t on the ballot. During the similar 2012 election, 7 members of the Maryland General Assembly ran for Congress – one for the Senate and six for various Congressional seats. While none were successful overall, two won their party primary and ran through November.
No member of Congress is universally loved, and being a representative at any level of government means you won’t please everyone. But there’s a growing number who want Andy Harris to be a conservative leader and not just talk a good game.
On Saturday I was alerted to a story by John Fritze in the Baltimore Sun regarding Andy Harris and his attempt to level the playing field a little bit in Maryland politics by creating a superPAC called A Great Maryland PAC. According to the Sun, Harris donated $150,000 to the PAC, which turned right around and put out a commercial depicting Jim Mathias, Norm Conway, Martin O’Malley and Barack Obama as “liberal peas in a pod.”
I don’t have a copy of the spot to show you at the moment, but the theme seems similar to one Harris used in the 2008 primary against former State Senator E. J. Pipkin and onetime Congressman Wayne Gilchrest.
What’s funny to me, though, is the Democrats’ reaction, like from Jim Mathias:
“I don’t think it’s right,” said Mathias, who said he had no idea who was behind the television spot. “People’s freedom of speech — I support that with my every breath — but if you’re going to make these kinds of accusations, I think there should be accountability.”
Funny you should talk about that, Jim – I’ve been holding you accountable for your votes for years, and I’m glad to finally have a little help. So come clean about where you received your campaign funding (hint: it’s a lot of special interests.)
Harris has been a savior to Republicans around the state, with significant donations to several candidates as well as the state party – in total, including the seed money for the A Great Maryland PAC, Harris is over $300,000 in campaign contributions – and that’s good news for conservatives around the state.
Hopefully he’ll need to collect more to give to more incumbent recipients next time around.
The Maryland Liberty PAC is at it again.
It’s funny because I generally agree with these folks, but I can’t let their continued leap of logic stand. Here’s some of what we know so far:
- In 2009, Jeannie Haddaway-Riccio voted in favor of the Greenhouse Gas Emissions Reduction Act of 2009.
- A few months later, I wrote in that edition of the monoblogue Accountability Project: “Someday I’m confident that future generations will look back and wonder about the folly of such a bill thinking it would actually impact the climate. In the meantime we have to reduce our emissions to 75% of 2006 levels in eleven years. I know – let’s throw out all of the industry and job creation!” Needless to say, I was against the bill.
- A couple years later, the Maryland Climate Action Plan was released. This is the document cited by those who insist that Haddaway-Riccio (and others I’ll shortly detail) were responsible for the proposed implementation of the VMT.
This is what the Climate Action Plan says about the VMT:
This policy option addresses transportation pricing and travel demand management incentive programs. It also tests the associated potential GHG reduction benefits of alternate funding sources for GHG beneficial programs. These strategies amplify GHG emission reductions from other strategies by supporting Smart Growth, transit, and bike and pedestrian investments. The draft MDOT policy design, developed by the pricing working group in Phase I, considers four strategy areas combined with an education component for state and local officials. (Emphasis mine.)
The detailed definitions of the four strategy areas are listed below:
- Maryland motor fuel taxes or VMT fees – There are two primary options for consideration: (1) an increase in the per gallon motor fuel tax consistent with alternatives under consideration by the Blue Ribbon Commission on Maryland Transportation Funding, and (2) establish a GHG emission-based road user fee (or VMT fee) statewide by 2020 in addition to existing motor fuel taxes. Both options would create additional revenue that could be used to fund transportation improvements and systems operations to help meet Maryland GHG reduction goals.
- Congestion Pricing and Managed Lanes – Establish as a local pricing option in urban areas that charges motorists more to use a roadway, bridge or tunnel during peak periods, with revenues used to fund transportation improvements and systems operations to help meet Maryland GHG reduction goals.
- Parking Impact Fees and Parking Management – Establish parking pricing policies that ensure effective use of urban street space. Provision of off-street parking should be regulated and managed with appropriate impact fees, taxes, incentives, and regulations.
- Employer Commute Incentives – Strengthen employer commute incentive programs by increasing marketing and financial and/or tax based incentives for employers, schools, and universities to encourage walking, biking, public transportation usage, carpooling, and teleworking.
The working group noted consisted (according to the report) of people from four groups:
The Working Groups provided technical guidance and included local representation though the participation of the Baltimore Metropolitan Council (BMC), the Metropolitan Washington Council of Governments (MWCOG), Montgomery County and the City of Baltimore.
They met in the early part of 2009, pretty much simultaneously with the bill’s debate and passage, but there was no real way of knowing whether the VMT proposal would make the final cut until the report’s release two years later.
It’s a way of stretching the truth, so I’m curious why those who made a big deal out of Jeannie Haddaway-Riccio voting for the GGRA don’t say the same about David Brinkley, Richard Colburn, Barry Glassman, Andy Harris, Susan Aumann, Addie Eckardt, and Steve Schuh. All of them, along with the departed E.J. Pipkin and Richard Weldon, departing Bill Frank, and late Page Elmore, voted for the GGRA. Surprised?
Listen, I still say it was a bad vote. But this is why it pays to do your own homework, and also why one mustn’t make the perfect the enemy of the good. The Maryland Liberty PAC had Rand Paul for a recent fundraiser, but did they account for his pro-amnesty stance? Or is the Maryland Liberty PAC now in favor of illegal immigration? (Or, for that matter since Rand is doing a July event for them, is the Maryland GOP itself pro-amnesty?)
It seems to me that’s the same sort of stretch MDLPAC and others make when saying Jeannie Haddaway backs a VMT. And of the group of Republicans above, Aumann and Schuh co-sponsored an anti-VMT measure. Does that cleanse them of their previous sins? You can do this with any politician who holds legislative office (as you’ll read further in part 2 tomorrow), which is why outsiders can look so temptingly good.
I went and looked at the issues, one by one, to make my decision. It was a measured decision, not made because of hype or because I was a follower of a particular candidate. So while it disappointed me that Haddaway voted this way (which I knew about back in 2009), I took the 20% or so bad with the 80% or so good.
In part 2 tomorrow I will look at another candidate.
I wasn’t surprised to see a splashy press release last night from the Larry Hogan campaign talking about their fundraising prowess. At this point it appears he has the most money of any Republican candidate, with $389,206.92 cash on hand and $275,000 in matching funds on the way. In fact, the release states that:
The grassroots gubernatorial campaign of Anne Arundel business executive Larry Hogan continued to surge according to his latest campaign finance report. For the year, Hogan has collected $1.1 million and ends the filing period with $390,000 in cash on hand. Because Hogan declared his candidacy in late January, his campaign’s fundraising figures cover just the past six weeks. The figures reported by the other candidates for the state’s highest office began on January 9, a five and half month period.
Hogan said, “Our grassroots campaign to change Maryland continues to gain traction and unite voters who are fed up with one-party rule, runaway spending, massive tax hikes and incompetent leadership.
“While career politicians focus on winning over Annapolis elites, Boyd and I have been travelling throughout Maryland to win the support of each and every voter who is tired of politics as usual. We are humbled by the outpouring of support from average Marylanders; clearly our message of change is resonating, our election strategy is sound, and we’ll have the resources to win the GOP primary and go the distance in the general election.
The question I have with this statement is just how “grassroots” is a campaign where roughly half of the funding comes from one Larry Hogan?
According to the preliminary report I found last night on the BOE website, Hogan has loaned his campaign $500,000 – $50,000 increments apiece on February 3 and February 12, $150,000 on May 6, and $250,000 on May 19, the day before reports were due. If you consider all the in-kind contributions from Hogan and donations from Hogan-related LLC entities, the total from Larry’s pocket creeps closer to $600,000.
In essence, the difference between the other campaigns and Larry’s is that he has the bankroll to fall back upon while the others don’t. Unfortunately, as we found out with Eric Wargotz in 2010 and E.J. Pipkin in 2004, spending your way to the nomination isn’t a pathway to overall success – obviously that’s why Hogan opted for the public financing route. But his won’t be the only one to qualify for public financing, as one other campaign should reach the threshold in early June.
So we have something of an irony here – Larry Hogan is spending his own dollars to leverage a fund which was supposed to make politics accessible for a concerned middle-class citizen by leveling the playing field between them and the moneyed interests. By spending $500,000 of his own money he’s getting others to fork over $250,000 to get $2.6 million. If this doesn’t make a mockery of the idea, I don’t know what does. Maybe he should have ran for Comptroller instead, because with that magic we could eliminate all the new taxes and some old ones, too.
We’ll be hearing the name Larry Hogan a lot over the next four weeks. Now if we could only get a better idea of why we should vote for him – having a Washington Post endorsement which talks about a “conciliatory tone and reluctance to declare war on the Democratic establishment” doesn’t exactly scream bold colors over pale pastels. Even the Post concedes that “(g)iven the time (Hogan)’s had to plan his run, his campaign is glaringly short on policy specifics, and his views on education, health care and the environment are gauzy at best.” Welcome to my complaint – I like the message of changing Maryland, but cautiously recall the last time someone ran on a “hope and change” platform. Too many people bought the pig in a poke and regretted it later.
Perhaps Hogan can change my mind in Saturday’s debate, and there’s no question he’s still preferable to any of the Democrats out there because the state can’t afford yet another lost four to eight years trying to perfect the unperfectable socialist paradise. But there are a lot of questions about both his platform and how his campaign has evolved, and it’s preferable that he answer the questions rather than have them be October surprises.
If I didn’t give enough attention to the former Senator-turned-party-chair-turned-Congressional candidate (twice) I think I will now. But at the intersection of familiar former radio personalities from my hometown and party chairs who were my second or third choice for the job, along comes this podcast from Mark Standriff and the Tea Party Express, telling me, “This candidate is a movement conservative.”
In this week’s “On the Campaign Trail” podcast, we are joined by Alex Mooney. Alex discusses his campaign for the U.S. Congress in West Virginia’s 2nd District where he hopes to replace the seat vacated by Republican Shelley Moore Capito.
Alex Mooney is exactly the kind of Constitutional conservative that will bring the voice of the working class to Washington, D.C. He is a proven conservative champion who will never back down in the face of President Obama’s war on coal and will stand strong against the EPA’s radical anti-coal agenda.
Alex talks about his experience as a Maryland state senator and how it compares to his current campaign, as well as Obamacare, Obama’s war on coal, the recent debt ceiling deal, and states rights.
As I’ve pointed out in the past, Mooney had a very conservative voting record while he was in the Maryland Senate, and for want of 1,045 votes would probably either be running again for State Senate in Maryland, or more likely trying again for a Congressional seat from our Sixth District. (He also could have pulled an E.J. Pipkin and resigned mid-term to do what he’s doing now.) In any case, the carpetbagging aspect of Mooney’s run was ignored in Standriff’s line of questioning, which is too bad. I think if Mark were still doing the radio show it may have come up.
All this leads me to ponder whether the TEA Party Express will be helping Maryland candidates like Dan Bongino, who perhaps could have used it in his last run. While the TPX has done eight national bus tours and a handful of regional ones, Maryland is one of just five states to have never drawn a stop. (For obvious reasons, Alaska and Hawaii are two of the others, as are Vermont and Idaho.) That may not be in the cards anymore, as the TPX hasn’t done a bus tour since 2012, but it would be nice to see some support.
Apparently Andy Harris likes the guy, though. And why shouldn’t he? They served together in the Maryland Senate for the same three terms, and where Mooney had the second most conservative voting record, Harris was number one.
Having a holiday schedule based on Wednesday holidays seems to play havoc with the news cycle, as there’s not much going on with Maryland politics right now. By the time the holiday hangover is done, it’s the weekend.
So over the next four days I’m going to provide for you a look back and look forward. As part of that, tonight’s post will be the look back, with some of the highlights of my political coverage – and a couple other items tossed in for fun as well. This is the first time I’ve tried this, so I’ll see how it goes.
The year began, as it always does, in January. As will be the case even moreso this year, political fundraising was in the news as there was a surprise leader in the gubernatorial money race on the GOP side. Another highlight of the month was a spirited and enlightening discussion of state issues at the Wicomico Society of Patriots meeting – something all too infrequent this year, unfortunately.
But the highlight of the month was my two-part coverage of the Turning the Tides conference in Annapolis. which had a plethora of good speakers and discussion. It was so good I had to post separately on the morning and afternoon events.
In February my attention was turned to several topics, particularly providing coverage of the financing and the events surrounding the Salisbury municipal elections, for which the primary was February 26th. A key issue brought up was a state mandate for the city to help pay for cleanup of Chesapeake Bay, to the tune of $19 million a year.
Another state mandate took center stage in February, as the Wicomico County Council held a Tier Map forum to find out citizens weren’t exactly enamored with the idea. As part of that I read from my written testimony on a Tier Map repeal bill, which wasn’t the only testimony I wrote – I also put in my two cents on the gun grab bill.
We also found out that month that the Maryland GOP would get new leadership following the resignation of Chair Alex Mooney.
March found me continuing my coverage of the Salisbury city elections, but only backing one candidate. More important were local developments on the state level, where the Second Amendment was a hot topic for a local townhall meeting and our county’s Lincoln Day Dinner.
As the area began to wake up from a winter slumber in April, so did the political world as it turned from the General Assembly session to the 2014 campaign. The Salisbury city elections went as expected, so I turned my attention to the race for state party chair. Interim Chair Diana Waterman ran a campaign which was at times embroiled in some controversy, but prevailed on enough supporters to make it through the lengthy grind of campaign forums (including one in Cambridge on the eve of the state convention) and win the remainder of Alex Mooney’s unexpired term. But even the convention itself had its share of ups and downs, particularly a chaotic ending and a rebuff to new media.
While that was happening, the 2014 election was beginning to take shape, with familiar names both trying their luck again and trying for a promotion. Others had interesting endorsements as feathers in the cap.
But it wasn’t all political in April. The outdoor season began with two local mainstays: Pork in the Park and the Salisbury Festival. I also found out I was immortalized on video thanks to Peter Ingemi, better known as DaTechGuy.
Those things political slowed down in May, with just a little reactionary cleanup to the state convention to begin the month, along with other reaction to the recently-completed General Assembly session. In its wake we also had turnover in Maryland House of Delegates GOP leadership.
June began with a visit from gubernatorial candidate David Craig, who stopped by Salisbury and in the process gave me an interview. And while he didn’t make a formal tour, fellow Republican Ron George made sure to fill me in on his announcement and establish tax cutting bonafides. We also picked up a Republican candidate for an important local seat and found out political correctness pays in the Maryland business world.
As is often the case, our wallets became a little lighter in July. In the aftermath, we found out who David Craig picked as a running mate and welcomed both of them to our Wicomico County Republican Club meeting. I also talked about another who was amassing a support base but hadn’t made definite 2014 plans at the time.
On the other side of the coin, we found the Democratic field was pressing farther away from the center, a place the GOP was trying to court with the carrot of primary voting. Meanwhile, the political event of the summer occurred in Crisfield, and I was there.
The big news in August was the resignation of State Senator E.J. Pipkin, and the battle to succeed him. And while one gubernatorial candidate dropped out, another made his intentions formal and stopped by our Wicomico County Republican Club meeting as well. Even Ron George stopped by our fair county, although I missed him.
It seemed like the gubernatorial campaign got into full swing in September – Charles Lollar announced in an unusual location, the Brown/Ulman Democratic team came here looking for money, Ron George tangled with Texas governor Rick Perry and showed up to make it three Wicomico County Republican Club meetings in a row with a gubernatorial candidate, and Doug Gansler decided to drop by, too. On the other side, Michael Steele took a pass. I also talked about what Larry Hogan might do to fill out the puzzle.
Those up the Shore made news, too. Steve Hershey was the survivor who was appointed State Senator, and I attended the First District Bull Roast for the first time. I’ve been to many Wicomico County Republican Club Crab Feasts, but this year’s was very successful indeed.
October was a month I began considering my choice in the gubernatorial race. That became more difficult as Larry Hogan took an unusual trip for a businessman and Charles Lollar’s campaign worked on self-immolation, while Doug Gansler needed his own damage control.
I also had the thought of going back to the future in Maryland, but a heavy dose of my political involvement came with the tradtional closing events to our tourist season, the Good Beer Festival and Autumn Wine Festival.
Most of November was spent anticipating the Maryland GOP Fall Convention; in fact, many were sure of an impending announcement. Honestly, both may have fallen into the category of “dud.” But all was not lost, as the month gave me the chance to expound on manufacturing and share some interesting polling data.
Finally we come to December. While the month is a long runup to the Christmas holiday, I got the chance to again expound on manufacturing and come up with another radical idea for change. We also got more proof that our state government is up for sale and those who are running for governor place too much stock in internet polling. My choice is still up in the air, even after compiling an 11-part dossier on the Republicans currently in the race.
Locally, we found a good candidate to unseat a long-time incumbent who has long ago outlived his political usefulness. And the incumbent will need to watch his back because Maryland Legislative Watch will be back again to keep an eye on him and his cohorts. I’ll be volunteering for a second year,
And while I weighed in on the latest national diversion from the dreary record of our President and his party, I maintained two December traditions, remarking on eight years of monoblogue and days later inducting two new players into the Shorebird of the Week Hall of Fame.
You know, it was fun going down memory lane for 2013. But tomorrow it will be time to look forward, beginning with the local level.
The curious (and dismissed) case of Zeauskas v. Moore took another interesting turn last week as Cecil County filed a ten-page motion to recoup legal expenses from Delegate Michael Smigiel, who was the plaintiff’s counsel in the case.
At stake is the nearly $40,000 the county spent defending a case where the defendant claimed damage due to inaction by the plaintiff, in a case Cecil County argues was filed simply “(t)o make a public political splash, and in the process, to vex, delay, and oppress the efficient operation of County government.”
The motion also chides Smigiel, who has practiced law since 1989:
Legal counsel, particularly an attorney with Smigiel’s credentials and experience in government litigation, either knew, or should well have known, that the pleading tiled in this case was patently groundless. In fact, Defendants’ counsel, on three occasions prior to filing the Motions to Dismiss, sent correspondence to Smigiel specifically addressing the spuriousness of Plaintiffs action and requesting that the case be voluntarily dismissed.
It goes without saying that Smigiel has had a tough run of luck lately, as he lost this case shortly after losing his bid to be appointed as State Senator from District 36 to fellow Delegate Steve Hershey – a loss he didn’t take all that well. Add to it Mike’s valiant but fruitless effort to stop Maryland’s onerous new gun laws from passing and taking effect, and one may think he can’t wait for the General Assembly session to begin and allow him something new to do.
In the meantime, this could extend the Zeauskas case into our convention, and while I haven’t heard anything yet about resurrecting the call for censure of Cecil County Executive Tari Moore for abandoning the GOP shortly after her election in order to better control the appointment of her successor per the county’s charter, it wouldn’t shock me if the measure came up once again. It was tabled last fall before a binding vote could be made. My impression is that Moore is awaiting the conclusion of the case before reverting to the GOP fold; however, I’m not privy to any official word on this. (If she reads this, feel free to enlighten us.)
As I explained back in October at the conclusion of the case, this whole episode has probably assured Tari a primary opponent once 2016 rolls around. (This is assuming, of course, she officially changes her registration back.) But with Moore’s court triumph and the defeat of Smigiel in his effort to succeed political ally State Senator E.J. Pipkin after Pipkin’s startling resignation, it appears the turbulence in Cecil County politics may be closer to the end than to the beginning – much to the relief of county residents.
I got to thinking the other day – yes, I know that can be a dangerous thing – about the 2014 electoral map for Maryland and an intriguing possibility.
Since State Senator E.J. Pipkin resigned a few months back, a sidebar to the story of his succession – as well as that of selecting a replacement for former Delegate Steve Hershey, who was elevated to replace Pipkin – is the fact that Caroline County is the lone county in the state without resident representation. However, with the gerrymandering done by the O’Malley administration to protect Democrats and punish opponents, it’s now possible the 2015 session could dawn with four – yes, four – counties unrepresented in that body based on the 2012 lines. Three of those four would be on the Eastern Shore, and would be a combination of two mid-Shore counties and Worcester County, with the fourth being Garrett County at the state’s far western end.
Granted, that scenario is highly unlikely and there is probably a better chance all 23 counties and Baltimore City will have at least one resident member of the General Assembly. But what if I had an idea which could eliminate that potential problem while bolstering the hands of the counties representing themselves in Annapolis?
The current composition of the Maryland Senate dates from 1972, a change which occurred in response to a 1964 Supreme Court decision holding that Maryland’s system of electing Senators from each county violated the Fourteenth Amendment. Furthermore, Marylanders had directly elected their state Senators long before the Seventeenth Amendment was passed in 1913. Over time, with these changes, the Senate has become just another extension of the House of Delegates, just with only a third of the membership.
So my question is: why not go back to the future and restore our national founders’ intent at the same time?
What if Maryland adopted a system where each county and Baltimore City were allotted two Senators, but those Senators weren’t selected directly by the voters? Instead, these Senators would be picked by the legislative body of each county or Baltimore City, which would give the state 48 Senators instead of 47. Any tie would be broken by the lieutenant governor similar to the way our national vice-president does now for the United States Senate.
Naturally the Democrats would scream bloody murder because it would eliminate their advantage in the state Senate; based on current county government and assuming each selects two members of their own party the Senate would be Republican-controlled. But that would also encourage more voting on local elections and isn’t that what Democrats want? It’s probably a better way to boost turnout than the dismal failure of “early and often” voting, which was supposed to cure the so-called ailment of poor participation.
If someone would argue to me that my proposal violates “one man, one vote” then they should stand behind the repeal of the Seventeenth Amendment. How is it fair that I’m one of 2,942,241 people (poorly) represented by Ben Cardin or Barbara Mikulski while 283,206 people in Wyoming are far more capably represented by John Barasso or Mike Enzi? We have counties in Maryland more populous than Wyoming.
No one questions the function or Constitutionality of the U.S. Senate as a body, knowing it was part of a compromise between larger and smaller states in the era of our founding. It’s why we have a bicameral legislature which all states save one copied as a model. (Before you ask, Nebraska is the holdout.) What I’ve done is restored the intent of those who conceived the nation as a Constitutional republic with several balances of power.
But I’m not through yet. If the Senate idea doesn’t grab you, another thought I had was to rework the House of Delegates to assure each county has a representative by creating seats for a ratio of one per 20,000 residents. (This essentially equals the population of Maryland’s least-populated county, Kent County. Their county could be one single House district.) In future years, the divisor could reflect the population of the county with the least population.
The corollary to this proposal is setting up a system of districts which do not overlap county lines, meaning counties would subdivide themselves to attain one seat per every 20,000 of population, give or take. For my home county of Wicomico, this would translate into five districts and – very conveniently as it turns out – we already have five ready-drawn County Council districts which we could use for legislative districts. Obviously, other counties would have anywhere from 1 to 50 seats in the newly expanded House of Delegates. Even better, because the counties would have the self-contained districts, who better to draw them? They know best which communities have commonality.
Obviously in smaller counties, the task of drawing 2 or 3 districts would be relatively simple and straightforward. It may be a little more difficult in a municipality like Baltimore or a highly-populated area like Montgomery County, but certainly they could come up with tightly-drawn, contiguous districts.
And if you think a body of around 300 seats is unwieldy, consider the state of New Hampshire has 400 members in their lower house. Certainly there would be changes necessary in the physical plant because the number of Delegates and their attendant staff would be far larger, but on the whole this would restore more power to the people and restrict the edicts from on high in Annapolis.
Tonight I was listening to Jackie Wellfonder launch into a brief discussion of whether the Maryland Republican Party should adopt open primaries, an idea she’s leaning toward adopting – on the other hand, I think it’s nuts. In my estimation, though, these sorts of proposals are nothing more than tinkering around the edges – these ideas I’ve dropped onto the table like a load of bricks represent real change. I think they should be discussed as sincere proposals to truly make this a more Free State by restoring the balance of power between the people, their local government, and the state government in Annapolis.
In a spectacular flameout, the allegations of wrongdoing in the controversy over Cecil County Executive Tari Moore’s sudden affiliation change and subsequent appointment of a candidate not on the list submitted by the county’s Republican Central Committee were dismissed in the county’s Circuit Court via a seven-page decision by visiting Judge Thomas E. Marshall, a retired Harford County Circuit Court judge.
Also dismissed in the suit due to a lack of standing was a claim that the county’s Tier Map was unlawfully submitted to the state.
The controversy closes another chapter in the ongoing war between supporters and opponents of former State Senator E.J. Pipkin and current Delegate Michael Smigiel. (Opponents have generally had the backing of former State Senator and now-Congressman Andy Harris, who defeated Pipkin as well as former Congressman Wayne Gilchrest in a bitter 2008 GOP Congressional primary.) Those allied with Smigiel control the county’s Republican Central Committee, and it was Chair Chris Zeauskas who filed the complaint. On the other hand, Tari Moore was backed by Harris in her quest to be Cecil County’s first executive.
Just before assuming office as the incoming County Executive last December, Moore suddenly changed her party affiliation from Republican to unaffiliated, making the switch because she wanted to bypass the county’s GOP Central Committee in selecting her successor. By becoming unaffiliated, she retained the right to pick once County Council became deadlocked in a 2-2 tie between Smigiel supporters and Harris allies. Eventually Moore picked Joyce Bowlsbey, a Republican. (The Republicans control all five seats on Cecil County Council, so this was an intraparty fight.) Judge Marshall agreed that, despite the GOP’s backing in the 2012 election, Moore’s status as unaffiliated at the moment of her resignation from County Council complied with the method of selection prescribed in the county’s Charter and eventually followed.
Yet there is one other piece of business on the table, notwithstanding the possibility of an appeal by Zeauskas. At last fall’s state GOP convention, a motion was made to censure Tari Moore for her “corrupt and reprehensible decision“; a motion which had support from some quarters but was tabled via a fairly close vote. Because of the abrupt cutoff of our Spring Convention this year, we did not revisit the Moore controversy but it may return next month at this year’s Fall Convention in Annapolis.
But now that the court case is settled, the question will be whether Moore rejoins the GOP fold. Those calling for her censure had a point in that Republicans backed her election in the primary; had she gone the independent route in 2012 she would have likely lost badly. Yet I’ve been assured by Moore’s backers that the decision to be unaffiliated was just temporary and would be rectified once the court case was settled. Obviously it would be to her benefit in 2016 to run as a Republican, although this episode has probably assured her of a primary opponent. She would have a hard time in a three-way general election race if the county GOP stays loyal to its nominee and the Democrats run someone, too.
So the clock is ticking. If she changes back before the state convention, the question of censure may be moot in a “no harm, no foul” sense. But if not, even the assurances of Andy Harris may not spare her the state party’s wrath.