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figures would be so far out of line and so
far removed from reality by 1970 that we
did not desire to use the 1960 figures; yet
we were not anxious, and, in fact, we
generally avoided the idea of waiting until
1975.
Now, we have consulted with the State
Planning Department, and we have been
told that that department is in a position
to advise us and will so advise us by letter
that if called upon to do so, it can provide
the General Assembly of Maryland with
accurate reports of the population of Mary-
land as it existed on January 1, 1970.
These population figures will, as far as
eighty-five percent of the State of Mary-
land is concerned, be set up on a census
tract basis or the substantial equivalent,
and this, of course, would cover the urban
and the suburban areas with particularity,
so that the General Assembly should have
in its hands if it so desires this informa-
tion which we are assured is as accurate as
will be available, and will certainly be
much more indicative of the true situation
than the 1960 figures; consequently, there-
fore, we have so written section 3.02, as
affording redistricting prior to the 1970
statewide general election.
Turning now to a description of the re-
districting commission contained at section
3.03, the Committee decided it wanted to
approach the question of redistricting to
accomplish several things. First of all, the
Committee did not want the governor hav-
ing a paramount hand in redrawing the
districts for the General Assembly.
Secondly, however, the Committee felt
that there should be a body outside the
General Assembly which would have the
duty of initiating consideration of a redis-
tricting plan; and
Thirdly, the Committee felt that since
redistricting affects the legislature so
widely and thoroughly, that the legislature
should at some point have the opportunity
to pass upon its own districting.
We, therefore, decided to approach the
subject matter by providing for a non-
partisan, or at least bipartisan commission,
and you will note that the language of 3.03
says that six months before the first day
of a regular session of the General As-
sembly in any year in which redistricting
is to be affected, the presiding officer and
the minority leader of each house of the
General Assembly shall each appoint two
persons to a commission on legislative re-
districting.
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It is our intention, therefore, that there
will be four Republicans and four Demo-
crats on a nine-man commission. The gov-
ernor shall appoint an additional member
who shall serve as the chairman of the
commission. No member of the commission
shall hold popularly elected office in the
State.
Now, quite admittedly the minute you
add the so-called "tie breaker" for the odd
numbered vote, you are selecting a person
who in all probability will have a political
party affiliation. It appeared to us that the
choice was between the two other branches
of the government, the judiciary and the
executive. If we provided that the Chief
Judge of the Court of Appeals should pro-
vide the tie breaker, we were in reality,
or would in reality be selecting someone
who in turn would select a person who
participated in drawing a plan which the
Court of Appeals itself would ultimately
be called upon to determine as to its
validity. In other words, it seemed quite
unwise to involve the judiciary in picking
a man who was going to draw a plan which
that very same judiciary would have to
pass upon.
This, in effect, is what New York did by
providing that the judiciary should select
that tie breaker, and we decided that it was
a better thing to do to provide that the
governor provide the ninth man. Depend-
ing upon the political party of the governor
and the year in which redistricting is to
take place, or the year before, you will get
either a Democratic or a Republican.
We do not feel, however, that redistrict-
ing will necessarily resolve itself in a con-
flict between the two political parties so
much as a conflict which involves other
considerations, the classic one being, of
course, the fight between the urban and the
rural areas.
We do not feel, therefore that the pro-
viding of the tie breaker and his natural
political affiliation should upset what we
feel to be basically a bipartisan approach
to the problem of redistricting.
It could so happen, of course, in the
light of the realities of today, that the tie
breaker for the 1970 redistricting commis-
sion would be selected by the incumbent
governor. We do not feel that this can in
any way be construed to be a partisan ac-
tion on the part of this Convention; nor
will the activity of the General Assembly
indicate anything to the contrary.
In another year it may well be a Demo-
cratic governor who is selecting the tie
breaker.
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