In a significant judicial decision, a Maryland court has rejected a proposed constitutional amendment that aimed to facilitate the redrawing of the state’s congressional districts by Democrats before the 2028 elections.
On Wednesday, a judge in Maryland’s capital ruled against the amendment, posing a setback to the Democrats’ efforts to counteract a Republican redistricting strategy led by former President Donald Trump. The decision prevents the amendment from being included on the upcoming November ballot, although the ruling has been paused to permit an appeal to the state’s Supreme Court.
Currently, Democrats hold seven out of eight congressional seats in Maryland. Democratic Governor Wes Moore convened a special legislative session in August with the intention of securing the remaining seat for Democrats.
The proposed amendment sought to bypass a previous court ruling that invalidated a Democratic redistricting plan in 2022. It stipulated that the constitutional requirement for districts to be compact and respect “natural boundaries” applies only to state legislative districts, not congressional ones. This would have enabled Democratic lawmakers to create districts that span the Chesapeake Bay, potentially altering the district held by Republican Representative Andy Harris, chair of the conservative House Freedom Caucus.
Judge’s Ruling on Legislative Procedures
Anne Arundel County Circuit Court Judge Robert Thompson found that the legislature did not adhere to its own deadlines for ballot measures. Earlier this year, a law was passed, signed by Moore, setting a July 1 deadline for the secretary of state to certify all statewide ballot question summaries to the Maryland State Board of Elections.
The state attorney general’s office contended that the deadline was not applicable to the redistricting amendment since lawmakers drafted their own ballot summary, as permitted by their constitutional authority. However, the judge sided with the conservative Oversight Project and Republican legislators who challenged the amendment.
Judge Thompson also criticized the ballot question’s wording as “intentionally misleading,” claiming it only “clarifies” the constitution’s redistricting standards. Furthermore, he noted the amendment violated the constitution’s single-issue requirement by including a provision granting the state Supreme Court original jurisdiction over 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 stated.
Appeal to the Maryland Supreme Court
Following the ruling, the state promptly filed an appeal notice to the Maryland Supreme Court.
Maryland House Speaker Joseline Peña-Melnyk, a Democrat, expressed optimism about ultimately succeeding. “We remain confident in the authority of the General Assembly and believe Maryland voters should have the final say,” she remarked in a statement.
Redistricting opponents acknowledged that the dispute was ongoing. “Today’s decision is a major step in our battle against Maryland’s lawless attempt at redistricting. Complete and total vindication!” stated Marshall Yates, Strategic Counsel for the Oversight Project.
National Redistricting Disputes
Earlier this year, a similar procedural issue arose in Virginia, where the state Supreme Court invalidated a redistricting ballot measure due to lawmakers’ procedural violations. In that instance, voters had already approved an amendment allowing mid-decade redistricting when the court ruled last year that lawmakers delayed too long in taking necessary steps for ballot qualification.
Virginia and Maryland aimed to emulate California’s model, where a Democratic-backed amendment for mid-decade redistricting was approved by voters. Democrats are hopeful to gain up to five congressional seats from California’s redrawn districts, along with another seat in Utah.
Conversely, Republicans anticipate securing up to 16 additional seats from new U.S. House districts in Alabama, Florida, Louisiana, Missouri, North Carolina, Ohio, Tennessee, and Texas.
Typically, redistricting occurs at the start of each decade following the release of new census data. However, a mid-decade redistricting push emerged after Trump encouraged Republican-led states to redraw congressional districts, aiming to maintain a narrow House majority in the upcoming midterm elections.
