Maryland Democratic lawmakers passed a suggested change to the state Constitution Tuesday that would make it easier to gerrymander congressional districts in future sessions. Their action puts the change on November’s ballot, giving voters the final decision on whether to edit the Constitution.

For now, lawmakers are putting off the question of whether to redraw congressional lines. The constitutional change would clarify that standards in the state’s constitution — which requires that districts be compact and consider city and county boundaries — do not apply to congressional districts.

The amendment also temporarily resolves Maryland’s participation in the national redistricting tug-of-war between red and blue states that are hoping to influence control of Congress. That nine-month fight divided Democrats, frayed relationships and drew national attention to — and put pressure on — the state.

With three months before voters have a chance to weigh in, here’s what we’ll be watching for next.

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Ballot language

Wednesday is the state’s deadline for publishing ballot questions ahead of November’s election.

Voters will decide whether:

  • Constitutional language used to define a political district in Maryland will only apply to state legislative districts.
  • Federal law governs congressional districts.
  • The General Assembly can fast-track redistricting review to the Supreme Court of Maryland.

A GOP lawsuit

Democrats said they supported the change to address a 2022 court ruling that rejected a proposed congressional map, citing the constitutional language.

“We did this because it was needed,” said House Speaker Joseline Peña-Melnyk on Tuesday after her chamber passed the bill.

But Republicans said they could file a court challenge as early as Wednesday.

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Ahead of the special session, Republican U.S. Rep. Andy Harris — the target of this redistricting debate — said courts could throw out the question if the language is confusing. Redrawing lines based on political speech also could limit voters’ rights, he said.

“We’ll litigate it all the way,” he said.

External pressure

Lawmakers expect that outside pressure to redraw Maryland’s congressional lines will persist beyond the 2026 midterms.

The General Assembly’s redistricting stalemate earlier this year drew national attention, including pressure from House Democratic Leader Hakeem Jeffries — who could become speaker if his party wins a majority.

Republicans are trying to add to their numbers across the South by squeezing out seats that have long been held by Black Democrats following a U.S. Supreme Court ruling.

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“Democrats will continue to forcefully respond throughout the nation to Republican efforts to rig our elections now and into the future,” Jeffries, who said he’s looking forward to working with Maryland leaders, said in a statement.

Maryland state Sen. Clarence Lam, a pro-redistricting Democrat from Howard County, said he expects to see national Republicans driving fresh demand for more Democratic House seats.

“I predict by 2028, the Solid South will have completed their full transition to be solidly red,” Lam said.

The General Assembly could take up new district lines as early as January.

Politicking

Moore’s political fortunes are intertwined with Maryland’s redistricting success. He’s brushed off a presidential run, but it’s clear that Moore’s pushing the national Democrats’ agenda.

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If Marylanders vote yes in November to allow new maps, “then we’ll do that,” he said.

It’s less clear whether Senate President Bill Ferguson will share the governor’s enthusiasm.

Changing the constitutional language wipes out one of the Baltimore Democrat’s top concerns — a potential legal challenge that could hand Republicans more than the one seat they currently hold.

But Ferguson had a list of worries.

Fast forward to July, Ferguson laid out a new matter in an Afro News opinion article: Redistricting would require splitting up the Baltimore congressional seat held by Rep. Kweisi Mfume.

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“Any conversation about Maryland’s next map has to begin with a clear principle: Baltimore’s voice must remain strong, and the Baltimore-anchored seat that gives this city real power in Congress must be protected,” he wrote in the piece co-authored with Baltimore state Sens. Mary Washington and Antonio Hayes.

Ferguson said on Tuesday after the Senate passed the bill he would not approach a new map proposal “predisposed” to a particular outcome.

“Maryland has to be in a position of strength and certainty when we act — should we act.”