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.

Stepping over the line

Every year there are bills introduced late in the session which seem to be fraught with peril. For example, last year we were saddled with a new gasoline tax from a bill introduced one year ago Tuesday, well after the cutoff for new bills to avoid the need for Rules Committee approval. Last year’s session also brought a late bill, introduced at the end of February, which radically changed campaign finance law and, among other things, pushed the filing deadline to February from April. Bad idea.

Because the filing deadline was much earlier this year, a certain delegation must not have liked the hand it was dealt insofar as those running for Central Committee. To that end, the Harford County delegation introduced House Bill 1513, which makes a key change to the Central Committee in that county only.

At this time, there are 12 members of the Harford County Republican Central Committee – twelve positions that a whopping 32 people are seeking. (All of them are at-large countywide positions similar to many other counties in Maryland.) Out of that crowd, it’s apparent that a number are members of the local Campaign for Liberty chapter, and those who would be considered the “establishment” came running to their General Assembly delegation for aid. The result was HB1513, which is written as an “emergency” bill so it would take effect once passed and approved by the governor. Generally this occurs no later than May.

The idea behind the bill is that Republican members of the county’s delegation to Annapolis would become ex officio members of the HCRCC, with voting power in just two instances: removal of members and new appointments. At this time, there are seven members of the Harford County delegation who would become members: Glen Glass, Rick Impallaria, Susan McComas, Pat McDonough, Wayne Norman, Donna Stifler, and Kathy Szeliga. With the exceptions of Norman and Stifler, all could be members going forward into next term if this law passes.

What this bill would do is expand the voting from 12 members to 19 members (as it stands now) or perhaps even 20 members if all members of the General Assembly from Harford are Republicans. (There is one Democrat among the eight presently.) The key reason for this is to make the difficulty of having a 2/3 majority on these issues – where 8 of 12 have to agree – to a situation where it becomes 13 of 19 or 14 of 20.

I think the fear is that a majority of the insurgents will win over so-called “establishment” candidates. By stacking the numbers with members of the General Assembly, they need only convince about half of the existing body to vote with them in order to reach a 2/3 majority. (I use this number because it’s an operative one here in Wicomico County.)

While the numbers would be much less significant here in Wicomico County, if a similar law were passed for us it would add four members to our nine. In that case, attaining a 2/3 majority if the Delegates voted as a bloc could require only a minority of original members (4 of 9.) In Harford’s case, it could be a 6-6 split turned into a 13-6 majority.

And while we certainly would welcome our Republican delegates to our meetings, I think this bill sets a tremendously horrible precedent. There was nothing stopping any of these Delegates from running for Central Committee, aside from the obvious fact not all of them live in Harford County – that in and of itself is a terrible feature of the bill. Again using Wicomico County as an example, all four Delegate slots would go to members who live outside Wicomico County. Shamefully, the only two resident Delegates we have are Democrats.

Unfortunately, it wouldn’t surprise me if this bill passes, even if it does so on just Democratic votes (which is very possible.) ¬†And I’m not sure what sort of legal challenge could be made to it, aside from perhaps the fact they would be adding non-residents to the Central Committee – but it could be argued as well that they were voted in by the people of Harford County, too. And if it does, look for a lot of copycat bills in the coming years as the legislative branch consolidates power.

To this I say not just no, but “hell no!” They won’t let us come vote in the General Assembly on bills, so why should they have the right to vote on our Central Committee?

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