How Many U.S. Senators Does Maryland Need?

Like many members of Congress, Rep. Adam Schiff (D-Burbank) has a house in Maryland.

However, unlike many other members of Congress, it appears Schiff has designated it as his primary residence.

Like newly-appointed Sen. Laphonza Butler, Schiff lives in Maryland and has a small condo in California.  Unlike Butler, who officially switched her residence back to California a day or so before being sworn in, Schiff’s arrangement has continued for about 20 years, or nearly his entire time representing southern California.

According to a new report on CNN, Schiff began listing his large Maryland home as his primary residence in 2003. And he listed it as his primary residence when re-financing it four times between 2009 and 2012.

The report notes that Schiff bought his condo in 2009, further stating : “Los Angeles County deed records for Schiff’s Burbank condo, purchased in 2009, were notarized in Maryland. On one page of the deed, the state: California and the county: Los Angeles are crossed out and Maryland and Montgomery County are written in. The records also list Schiff’s Maryland home as an address the records are being returned to.”

It is true that Schiff has typically taken a $7,000 homeowners tax exemption on his Burbank condo and none on his Maryland home, but it is also true that Maryland’s income tax rate is less than half of California’s.

“While Schiff has signed documents asserting both the Maryland property and the significantly smaller Burbank condo as his primary residences, tax records indicate that he paid his California property taxes in 2017 with a check featuring his Maryland address – the only year he paid with a personal check,” CNN writes.  “And a review of past comments, pictures shared on his public social media, and records indicate Schiff makes his full-time home in Maryland.”

A press aide told CNN that no, of course Schiff lives in California, that he and his wife “made the difficult decision to move their family to the D.C. area to spend more time with his children while doing his job,” and that Schiff lists both residences as primary to distinguish them from either being a “vacation” property.

As seen in the appointment of Butler, California’s residency requirements can be a bit, um, fluid and that technically Schiff may be in the clear, even though it seems California’s tax exemption law is pretty clear:

“A dwelling must be the person’s true, fixed and permanent home and principal establishment to which he/she, whenever absent, intends to return.”

Even if legal, it could complicate Schiff’s run to replace fellow Marylander Butler as California’s junior senator.

Schiff and rival Rep. Katie Porter are currently leading the pack in the March primary polls.  The latest Times/UC Berkeley Institute of Governmental studies poll shows the essentially tied at the top of the field with 16% for Schiff and 17% for Porter.  The poll also shows Steve Garvey at 10%, Rep. Barbara Lee at 9%,  James Bradley at about 7% and Eric Early at 4%.

Most importantly, the poll shows more than one-third of voters are undecided, leaving the race fluid enough to allow for big changes.  For example, Lee polls even with Schiff and Porter in her native Bay Area, while initial support for Garvey – possibly because he played for the hated Dodgers (seriously) – is far less there than in southern California.

Therefore, it’s just possible Maryland will – courtesy of California – continue to have a third senator.