A Maryland court has rejected a proposed constitutional amendment that could have enabled Democrats to reshape the state’s congressional districts before the 2028 elections.
The decision handed down on Wednesday in the state capital represents another challenge for Democrats in their national efforts to combat a Republican redistricting movement supported by President Donald Trump ahead of the upcoming elections. Although the judge ruled that the amendment cannot be included on the November ballot, he has temporarily halted the ruling to allow for an appeal to the state Supreme Court.
In Maryland, Democrats already hold seven of the eight congressional seats. Democratic Governor Wes Moore convened lawmakers for a special session in August to facilitate the acquisition of the final seat.
The ballot amendment proposed by lawmakers aims to bypass a court ruling that invalidated a previous Democratic redistricting plan in 2022. The amendment would specify that the constitutional mandate for districts to be compact and consider “natural boundaries” applies solely to state legislative districts, not congressional ones.
This change would permit Democratic state lawmakers to draw congressional districts that extend across the Chesapeake Bay, potentially altering a district east of the bay currently represented by Republican Rep. Andy Harris, who chairs the conservative House Freedom Caucus.
Judge Says Legislature Did Not Follow The Laws It Enacted
Anne Arundel County Circuit Court Judge Robert Thompson determined that lawmakers failed to meet their own deadlines for ballot measures. Earlier this year, a law signed by Moore established a July 1 deadline for the secretary of state to certify summaries of all statewide ballot questions to the Maryland State Board of Elections.
The state attorney general’s office contended that the deadline did not apply to the redistricting amendment since lawmakers crafted their own ballot summary, exercising their constitutional authority. However, the judge sided with the conservative Oversight Project and Republican state lawmakers who filed the lawsuit.
Thompson also found that lawmakers used “intentionally misleading” language in the ballot question by stating it merely “clarifies” the constitution’s redistricting standards. Additionally, Thompson noted the amendment violates a single-issue requirement in the constitution by including a clause that would grant the state Supreme Court original jurisdiction in congressional redistricting lawsuits.
“The court has no choice but to enjoin the board of elections from including ballot Question 3 on the general election ballot for November 3, 2026,” Thompson wrote.
Redistricting Dispute Heads To The Maryland Supreme Court
Following the ruling, the state filed a notice of appeal to the Maryland Supreme Court.
Maryland House Speaker Joseline Peña-Melnyk, a Democrat, expressed optimism about eventually succeeding.
“We remain confident in the authority of the General Assembly and believe Maryland voters should have the final say,” she stated.
Opponents of the redistricting acknowledged that the battle was ongoing.
“Today’s decision is a major step in our battle against Maryland’s lawless attempt at redistricting. Complete and total vindication!” stated Oversight Project Strategic Counsel Marshall Yates.
Maryland Is The Latest State To Join A National Redistricting Fight
Earlier this year, the Virginia Supreme Court also nullified a redistricting ballot measure due to procedural violations by state lawmakers. In that instance, voters had already approved an amendment in April permitting mid-decade redistricting when the court ruled that lawmakers had delayed too long in taking initial steps needed for ballot inclusion.
Both Virginia and Maryland sought to emulate California, where voters endorsed a Democratic-backed amendment allowing mid-decade redistricting. Democrats anticipate gaining up to five congressional seats through California’s new district maps, along with an additional seat from Utah.
Meanwhile, Republicans aim to secure up to 16 additional seats from newly established U.S. House districts in Alabama, Florida, Louisiana, Missouri, North Carolina, Ohio, Tennessee, and Texas.
Redistricting typically occurs at the start of each decade following the release of new census data. However, a mid-decade redistricting dispute arose after Trump urged Republican-led states to redraw congressional districts in hopes of retaining a narrow House majority in this year’s midterm elections.
