The next step in the process

The half-decade or more process of securing a Board of Education in Wicomico County that’s directly elected by the people entered a new chapter late last week with the introduction of the appropriate legislation in the Maryland General Assembly. Senate Bill 145, with Senator Jim Mathias as lead sponsor and Addie Eckardt as co-sponsor, provides for the makeup of the board as well as a three-way referendum to be placed on this November’s ballot. It’s a relatively complex 16-page bill, subdivided into several sections because the sections which would actually become law are dependent on the results of the referendum.

To make a long story short, voters would face three choices in November, from which they can only select one:

  • FOR a Board of Education with seven members appointed by the Governor;
  • FOR a Board of Education with five members elected by district and two members elected at-large;
  • FOR a Board of Education with five members elected by district and two members appointed by County Council.

The method with the most votes wins, regardless of whether it is a majority or plurality.

SB145 was assigned to the Senate Education, Health, and Environmental Affairs (EHEA) Committee and given a relatively quick hearing date of Wednesday, January 27. The EHEA committee has 10 members and is led by Chair Senator Joan Carter Conway of Baltimore City and Vice-Chair Paul Pinsky of Prince George’s County. Other Democratic members are Cheryl Kagan of Montgomery County, Shirley Nathan-Pulliam of Baltimore County, Jim Rosapepe of Prince George’s County, and Ronald Young of Frederick County, while Republicans Gail Bates of Howard County, Johnny Ray Salling of Baltimore County, Bryan Simonaire of Anne Arundel County, and Steve Waugh of Calvert County also sit on the committee.

At the present time it’s the smallest committee with just 10 members (and a slim 6-4 Democratic advantage) because there’s one vacancy in the Senate. At some point it’s presumed that a Montgomery County Democrat will join the committee to be its eleventh member, but the bill will likely have its hearing and committee vote by then. (Former District 14 Senator Karen Montgomery resigned as of January 1.)

An interesting note regarding the makeup of the committee is that Conway and Simonaire represent counties with appointed boards, while Pinsky, Nathan-Pulliam, Rosapepe, and Salling represent counties with hybrid boards. Moreover, none of these committee members represent the Eastern Shore. It’s worth noting as well that Conway was the chair of EHEA when Caroline County got its hybrid board. It was Senator Conway, who represents a district several counties and a completely different way of life away, that deemed that Caroline County didn’t have sufficient minority representation with a fully-elected board, so if the initial all-elected option is scrubbed for Wicomico it’s likely her doing. (This despite the fact we have one majority-minority County Council district and two others with significant minority populations, out of five.)

So the goal is to make sure this bill gets through without being tampered with, but that will be difficult since we don’t have a local representative on the board. And remember: last year when we had a bill for a hybrid board, their excuse for stopping it was that only one of the two Senators were supporting it. Now both are sponsors, and thanks to the public hearings we know that a lot of support was there for the all-elected option as one of three choices. Anything less is a disservice to the people of Wicomico County.

Lame duck hunting season?

I normally don’t go into great detail when it comes to internal Central Committee business, but I had already broached the subject when I covered the recent Maryland GOP convention. Moreover, I’m a representative of the county GOP voters so I think it’s only fair to bring my thoughts and opinions on this particular subject out to the public, as it will be debated in the General Assembly and eventually affect the representation of all Republicans in the state. Here Republicans have a forum for response should they choose to.

In the Executive Committee meeting we had as part of our November convention, Senator Bryan Simonaire went over his proposal to change the date new Central Committee members are sworn in. More recently he sent a letter to Central Committee members asking for their input. Simonaire stated in his letter that the change in inauguration of Central Committee members dates from the mid-1980s, when the period was changed from about a week after the primary (then held in September) to after the November election (as it has remained.) With the change in our primary date from September to late June, it leaves a long lame duck period for those who chose not to run or were defeated for re-election. Bryan seems to think the will of the voters was expressed in June and should be reflected more quickly.

In a perfect world, the primary would not have been moved back quite so far – to me, a mid-August primary date would have been appropriate for the federal regulations and better compressed the political season. But we are stuck with late June and the five-month interim between election and swearing-in.

Yet this doesn’t bother me for two reasons. First of all, voters in the many districts where one party or the other is either unopposed or has token opposition already have to wait from June to January for new representation. A local example was Delegate Sheree Sample-Hughes, who won her seat when no one stepped up to challenge her (granted, the incumbent waited until immediately after the filing deadline to withdraw and leave her as the only candidate in the race.) She was the Delegate-in-waiting for most of a year before she actually took office.

Secondly, and corollary to this, is the theory that most of the campaign experience comes from those who had been in office for the prior three-plus years. We recruited the candidates and had given them advice and support, experience which a new member might not have. Simonaire points out that the majority of those who seek re-election win, but speaking as a member of the minority that didn’t I was glad my term extended through the November election. It allowed us to bring the new members up to speed, giving them a little bit of on-the-job training for the next cycle. On our group we only turned over three people, with two choosing not to run and one losing in the primary.

When we elect people assuming they will serve from the beginning of a term or session it seems a little unfair to stagger the terms of the Central Committee members that far off the remaining state political offices. We may be elected in the primary, but the idea is to be the representatives of the Republican Party and the job of the Central Committee is to help elect Republicans.

Given how the state runs its electoral cycle, and even though it defies logic to some extent, I think we should keep things the way they are.

2015 Maryland GOP Fall Convention in pictures and text (part 1)

(All work and no play? You can skip to part 2.)

As I said before, like the prodigal son I have returned.

I counted 26 pictures in my folder. As a rule of thumb I try to keep pictorial posts under 20 so you get two parts, with this covering Friday night and part 2 looking at Saturday. While the latter was more contentious, there was some news from Friday night that I will get to in due course.

Upon arriving and checking in, I was greeted by a Ted Cruz volunteer and a cute two-girl welcoming crew. Bad time for a glitch on the cell phone camera, but it set the tone for the evening.

They were gone by the time I went down to register, but in the adjacent room I saw Ben Carson. Well, sort of.

You could meet his son at one of the suites, though. I just wasn’t sure where that was so, alas, it was one I missed. (I guess the younger Carson did, too.)

I didn’t stay in the exhibit room too long. Most suites don’t start right away so I usually attend the Executive Committee meeting to see what’s news.

Most of it is devoted to reports that are repeated to one extent or another during the Saturday session, but I did learn the party was working on another Student Legislative Day for kids around the state.

The best tidbit came from State Senator Bryan Simonaire, who, after relating how working with Governor Hogan was “tremendous” – in part because there were no tax increases on the floor for the first time in 10 years – he revealed a piece of legislation he was considering. (I think Bryan forgot the “travel tax” Hogan vetoed and the increased court fees he adopted. But I digress.)

Bryan went over some of the pros and cons he had heard about changing the date Republican Central Committee members take office. By law, we don’t start until after the General Election that occurs after the primary. This made sense with the old September primary, but leaves a long lame-duck period from a June primary.

Yet many of the county chairs argued “five months was no big deal” and added that it was unfair to those who weren’t coming back to end their term before the election they were working toward. They wanted the members who weren’t coming back to stay on. The proposal was “a solution to a problem that doesn’t exist,” added one party officer.

Despite the criticism from the county chairs, most of whom objected in a show of hands, Simonaire appreciated the dialogue but stated, “I am moving forward with it.”

A couple folks we did not hear from on Saturday gave reports. Ivan Garcia-Hidalgo, who now heads the Maryland Heritage Council, explained his goal was to change the narrative that “Republicans are racist” and convince Hispanics their “natural home” is the Republican Party.

Meanwhile, Kory Boone of the Maryland Young Republicans was pleased to report that they had grown to seven chapters with new ones in St. Mary’s and Prince George’s counties.

Speaking of St. Mary’s County, their District 29 suite was the first hospitality suite I stopped by. I was hungry to try some “SoMD stuffed ham.”

The District 29 delegation was there, including Delegate Deb Rey.

She was selling raffle tickets for a Beretta rifle as a fundraiser, to be drawn at another fundraiser on January 7. (That week or so will be busy for our General Assembly members, who can’t do fundraisers during the 90 days of session.)

Having my helping of ham, I could go get some seafood at Richard Douglas’s Senate suite. There were a number taking part, and to be honest it was better than the pizza next door at the Montgomery County suite.

If Douglas wants to be the “new blood,” one of those he has to beat was directly upstairs in a suite she was sharing with Andy Harris.

Along with the Congressman, Szeliga was there talking to the aforementioned Ivan Garcia-Hidalgo. I did mention to her that I was sad about missing her trip to Salisbury, but noted my cohort Cathy Keim covered it well for me. Hopefully Szeliga will be back here soon.

Just across a short hallway was the suite belonging to the Ted Cruz campaign.

Let’s get this out of the way: now that Bobby Jindal is out, among the remaining GOP field I would lean most toward Ted Cruz. They also had outstanding chili there. I just hope their field people are up to the task.

Their suite wasn’t very busy, either – not like Marco Rubio’s.

My photo doesn’t do their gathering justice.

I get the sense that Rubio is the “establishment” choice now that Jeb’s campaign is cratering. Maybe that’s just me, but it’s my gut instinct.

In taking so long to go through the suites I did and renew some acquaintances, I missed the ones on my floor – one of which belonged to this guy.

So it was not a slight on my part, as my plan was to do the ones on my floor last. Most of them respected the 11:00 or so closing time to get cleaned up and allow the neighbors some sleep, so I was just too late.

Since they were winding down, going to bed is what I did. In part 2 this evening I look at Saturday.

The Article V question

Because the GOP is now the party in power in Maryland, the biannual conventions will have more cooperation and less acrimony. The Fall Convention (which I did not attend for the first time in eight years) was described as a “love fest,” so I suspect the spring edition coming up next weekend in Ocean City may be more of the same.

But there will be a couple interesting and controversial pieces of business brought before the body, with the resolution in support of an Article V Constitutional convention the one likely to draw the most spirited argument. Lee Havis of Prince George’s County is spearheading the proposal, which reads:

Resolution in Support of an Application by the State of Maryland for a Convention of the States under Article V of the Constitution of the United States

Whereas, the State of Maryland has a duty to protect and defend fundamental rights of life, liberty and equal protection of the laws of its citizens from abusive actions and repression of these rights by unrestrained government, and

Whereas, the current operation of the federal government imperils these basic rights through excessive centralized control and lack of sufficient accountability to restrain its actions to a proper interpretation of the Constitution of the United States, and

Whereas, Article V of the Constitution of the United States provides that the Congress, on the Application of Legislatures of two thirds of the several States, shall call a Convention for the purpose of proposing Amendments to this document, such as to restrain these actions and related abuses of power,

Be it therefore resolved by the Maryland Republican Party that:

The Maryland Republican Party supports the application by the State of Maryland for Congress to call an Article V convention of the states for the purpose of proposing amendments to the US Constitution to impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government and limit the terms of office for its officials and members of Congress.

On its face, the resolution makes good sense. Because Congress cannot (or will not) place a check on its appetites for spending, regulation, and lifetime tenure, it would have to fall to the people to demand such a change. But opponents argue that there would be no limit on where the convention could go, and fret that regressives on the Left would hijack such a convention to remove the Second Amendment and put onerous restrictions on others in the interest of “fairness” and “equality.” They further argue that the Left is ignoring the Constitution as it is, so why go through the effort.

To buttress the point of opponents, it should be noted that regressives in the Maryland General Assembly introduced their own Article V resolution (SJ2/HJ2), but in their case it was intended to preserve what they consider voting rights and overturn the Citizens United decision:

WHEREAS, The General Assembly of Maryland favors the proposal and ratification of a “Democracy Amendment” to the U.S. Constitution to affirm every citizen’s individual right to vote, reject the doctrine that artificial entities have inalienable political rights, regulate campaign contributions and electioneering expenditures, and restore free and fair elections in America, and desires the convention to be limited to that purpose…

The Senate bill passed the Education, Health, and Environmental Affairs Committee with a 7-4 vote, and it’s passed the Senate by a 29-18 vote. (I don’t have that roll call yet.)

It brings up an interesting legal question as to the specificity of the state’s request for an Article V convention: if Oklahoma passes a call for a convention to deal with the balanced budget amendment, limitation of powers, and term limits while Maryland passes its version, do both states count toward the 2/3 needed? In both instances, the idea is to limit the purpose of the Article V convention but as one opponent pointed out, the idea of the original constitutional convention was to repair the Articles of Confederation, not replace them – instead, we came up with a whole new document.

Regardless, a Washington Times story from yesterday by David Sherfinski highlights a new approach by proponents; in this case Virginia State Senator Richard Black is being targeted for defeat. (In Black’s case, though, it would have to come from an independent candidate as the deadline to contest the GOP primary has passed.)

Presumably Republicans would like to not have regressives like Maryland General Assembly Democrats tinker with the Constitution, yet two Republican Delegates (Susan Aumann and John Cluster) were co-sponsors of HJ2 and Senator Bryan Simonaire voted for SJ2 in committee. It’s possible that other Republicans may have voted for it in the Senate, but as I noted the roll call is not up yet. We have close to four years before the next election, but the proponents (led by Mark Meckler, one of the founders of the Tea Party Patriots) will likely have more than a few Republicans in Maryland to target.

If this state party resolution even makes it to the floor – a dicey prospect at best – I don’t think it will pass. I would tend to agree with the opponents because there’s nothing in Article V that places a restriction on what can be accomplished. I understand Congress isn’t working on the issues conservatives care about, but we run a great risk of losing what freedoms we have should an Article V convention be called.