The courts say Prince George’s needs to use an independent commission’s map instead of the Council’s.

WAMU/DCist / Dominique Maria Bonessi

Prince George’s County must continue to use a redistricting map created by an independent commission this election season, after a Maryland Court of Appeals threw out the Council’s controversial attempt to redraw district boundaries. The Court of Appeals affirmed a lower judge’s decision that overturned lawmakers’ redistricting map because the Council failed to follow proper procedures.

While the courts cited the Council’s decision to pass their contentious map via resolution instead of a bill as the reason for their overrule, critics have accused the Council of gerrymandering in their redistricting attempt. The controversial map redrew boundaries in such a way that it squeezed out several liberal candidates who are challenging more moderate members in the 2022 elections scheduled for later this year. The Court of Appeals decision, issued Monday, means these candidates can continue their races, which could ultimately tilt the ideological makeup of the Council in a more progressive direction.

Lawmakers who voted in favor of replacing the commission’s map believed it did not do enough to account for changing demographics. The three-member independent redistricting commission took a conservative approach, minimally changing existing boundaries, in part because they started the redistricting process before 2020 census results came in. Vice-Chair Deni Taveras (D-District 2), who is not seeking reelection, believes it diluted the Latinx vote, for example. That argument was largely dismissed during an hours-long public hearing in November, where 150 residents testified against the Council’s map.

A group of residents filed a lawsuit in January, after the Council approved a new map in a 6 to 3 vote. Circuit court judge William Snoddy sided with residents and ordered the Council to implement the map introduced by the county’s commission. The Council immediately appealed the decision, but ultimately lost in court.

“While we will comply with the Maryland Court of Appeals decision, the Prince George’s County Council appealed the lower court’s ruling because Ballot Question A was overwhelmingly approved by the voters of Prince George’s County in 2012,” said Council Chair Calvin S. Hawkins, II in a statement. “Under the Council’s interpretation, the approval of this ballot initiative gave the Council authority to adopt the 2021 Redistricting Plan through Council Resolution, after notice to the public and a public hearing.”

The lawsuit was financed by former council member Eric Olson, who seeks reelection and supports the commission’s proposal. He called the Council’s map “politically motivated.” Olson was among the candidates who was moved into another district under the council’s proposal, from District 3 to District 1.