An Anne Arundel Circuit Court judge ruled Wednesday that Maryland cannot put a ballot question altering congressional redistricting rules before voters in November.
State Democrats passed a bill during an August special session that, if approved by voters, would change language in Maryland’s Constitution that may make it easier for lawmakers to gerrymander the state’s last Republican district.
Judge Robert Thompson ruled that lawmakers violated their own deadlines for ballot measures. Earlier this year, lawmakers passed a law signed by Moore that set 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 judge’s decision has been paused, pending appeal to the state’s Supreme Court, but marks a setback in any plans Democrats have to draw an 8-0 map in their favor. Reshaping the 1st District could possibly capture an Eastern Shore-based seat held by Rep. Andy Harris since 2011, the state’s lone congressional Republican.
“Marylanders deserve fair representation, not politicians changing the rules to eliminate a congressional seat they cannot win,” Harris posted on social media.
Gov. Wes Moore has led the effort to redraw Maryland’s congressional map amid a national battle over control over Congress ahead of the 2026 midterm election.
States typically redistrict every 10 years following the census at the beginning of the decade. But last year, spurred by Republican President Donald Trump, Texas reopened the process to create additional GOP-friendly seats. As Democratic-led states responded under pressure from national leaders, so did more Republican-led states.
The issue initially divided Maryland Democrats, who did not agree on joining the redistricting parade. But eventually they struck a compromise that would give voters a say.
Moore, a Democrat, said in a statement that he disagrees with the court’s decision.
“At a moment when states across the country are manipulating congressional maps to silence voters and undermine fair representation, Maryland cannot afford to sit on our hands,” he said.
Several Republican state delegates, state senators and an outside conservative group filed the lawsuit, one of two challenges, days after the special session. A second lawsuit led by Republican lawmakers was filed in Dorchester County.
They say Maryland Democrats rushed the legislative process and violated a state law governing ballot questions. The suit named the Maryland State Board of Elections, Moore and other state officials as defendants.
“This case has never been about preventing Marylanders from having a voice,” Senate Minority Leader Steve Hershey, an Eastern Shore lawmaker and plaintiff in the case, said in a statement. ”It has been about ensuring that before voters are asked to amend our Constitution, the State first complies with the Constitution and the election procedures established by law."
Del. Matt Morgan leads the conservative Maryland Freedom Caucus, whose seven members all joined the lawsuit.
“A chamber that holds a supermajority is still a chamber bound by the law,” Morgan, a Republican who represents St. Mary’s County, said in a statement.
Top legislative leaders said they remained confident in the General Assembly’s constitutional amendment.
Senate President Bill Ferguson and House Speaker Joseline Peña-Melnyk said in separate statements they want Marylanders to have the chance to decide whether the change should be made.
“I expect this case to receive prompt review,” Ferguson, a Baltimore Democrat, said, “and I look forward to a clear ruling that affirms the General Assembly’s constitutional authority.”
“The General Assembly acted because we believe Maryland voters should have the opportunity to decide,” Peña-Melnyk said. The Democrat represents parts of Prince George’s and Anne Arundel counties.
The Associated Press contributed to this story.
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