What to know about Maryland’s redistricting special session

Maryland lawmakers will return to Annapolis in early August to consider changing the state constitution as a precursor to drawing more partisan congressional districts.

But reviewing the constitution won’t be the only business on the agenda.

Here’s a rundown of how a special session works and what to expect.

Why are they having a special session?

Maryland has been under pressure to redraw its eight congressional districts to further favor Democrats as part of an escalating national race toward more partisan gerrymandering.

But Maryland Democrats have faced a legal obstacle: A court ruling in 2022 found that congressional districts must be compact and consider natural boundaries and those of cities and counties.

Democrats can get around that ruling by rewriting part of the state constitution. If they do that this summer, and voters agree to it in November, then Democrats could have more leeway in drawing a new map ahead of the 2028 congressional elections.

The current Maryland congressional delegation includes seven Democrats and one Republican, U.S. Rep. Andy Harris. Many Democrats want to make Harris’ chances of reelection as difficult as possible by sweeping blue areas west of the Chesapeake Bay into his largely Eastern Shore district.

But I thought the Senate president was opposed?

Senate President Bill Ferguson was opposed to moving forward on redistricting for a long time, saying it was legally and politically risky. Under his leadership, the Senate did not act on proposals to adopt a new map or change the constitution earlier this year.

But the Baltimore Democrat said a U.S. Supreme Court ruling weakening the federal Voting Rights Act caused him to rethink the matter, noting concerns that the ruling opened the door for Republican-led states to gerrymander.

“Maryland must respond as the ground shifts under us,” Ferguson said in late May.

Why can’t they just wait until the next regular session in January?

Lawmakers who want to redistrict are pacing the process in a deliberate order: Propose constitutional revisions this summer, put the changes to voters for approval in November, then redraw the maps in 2027 or early 2028 ahead of the 2028 congressional elections.

If the constitutional amendment isn’t approved by voters this year, there isn’t another chance before the 2028 election.

Will the public have a say?

There should be at least one public hearing in Annapolis on proposed constitutional changes, though Democratic leaders haven’t announced a schedule yet. So mark your calendar for Aug. 3-5 and stay tuned.

You also can bend the ear of your senator and delegates directly. Find out who represents you with the look-up tool here.

How many lawmakers will show up?

It’s the middle of summer vacation season, so it’s unlikely that all 188 lawmakers will be present for the special session. You can add work conflicts, health concerns, child care needs and family issues as reasons some delegates or senators might not show.

To pass the constitutional amendment and send it to voters, the measure needs a two-thirds majority vote. That’s 85 out of 141 in the House of Delegates and 29 out of 47 in the state Senate, margins the Democrats already possess.

For some lawmakers who didn’t run for reelection or got defeated in their primaries last month, this special session could be an unexpected last hurrah.

Will a special session be limited to redistricting?

While the focus of a special session would be voting on new congressional district maps, lawmakers are allowed to introduce any proposed legislation they wish.

But just because a bill is introduced does not mean it will receive serious attention.

The General Assembly’s rules declare that every bill is “considered,” which has been interpreted to mean that the bill is introduced — with no guarantee of a committee hearing or vote. It’s likely that off-topic bills will fail without action.

The session also gives lawmakers the opportunity to clean up legislation. For example, a proposed constitutional amendment to add arbitration for state employees was passed twice and would appear on the November ballot twice — which lawmakers could fix during the session.

What about vetoes?

Lawmakers will be required to consider overrides of vetoed bills.

Gov. Wes Moore vetoed four policy bills this year, including measures that would:

• Require a study of Medicaid reimbursements provided to hospice houses.
• Require freight trains operating in Maryland to have at least two crew members, if nearby states pass the same requirement.
• Shield more divorce records from public view.
• Require state agencies to spend a portion of their advertising budgets with local news organizations.

A fifth Moore veto was related to $27 million in bonds for Carroll County public construction projects. The General Assembly passed two versions of the bill, and Moore signed one and vetoed the other — otherwise the amount of authorized debt could be doubled, he told lawmakers in a letter.

Lawmakers can override the vetoes, meaning the bills will indeed become law, or they can let the vetoes stand.

This is the only chance lawmakers have to override the vetoes; they can’t take up veto overrides in future sessions.

How much will it cost?

The cost of a special session is estimated to be $2,500 to $5,000 per day, depending on its length and whether lawmakers need reimbursements for hotels and meals, according to the nonpartisan Department of Legislative Services.

Who can call a special session?

Typically, the 188-seat Maryland General Assembly is in session for 90 days per year, from January through April. But special sessions have been called outside those months for a variety of reasons.

A special legislative session can only be called by the governor, either of his own accord or when presented with a petition signed by a majority of both chambers. Typically, however, the governor and legislative leaders reach agreements on holding special sessions — as happened in this case.

How common are special sessions?

In the last 25 years, the General Assembly has met in special sessions nine times.

The most recent special session was a brief one last December, when Speaker Joseline Peña-Melnyk was elected to her post to replace Speaker Adrienne A. Jones, who stepped down from the position.

Other special sessions included:

• December 2021: Then-Gov. Larry Hogan called a special session for congressional redistricting following the 2020 Census. He vetoed a map passed by Democrats, who promptly overrode him, though their map was later struck down in court.
• May 2019: Lawmakers held a brief session to elect Jones as speaker to replace Speaker Mike Busch, who had died.
• May and August 2012: Lawmakers held two special sessions in 2012. In May, they approved a state budget after failing to do so in the regular session. In August, they put forward a constitutional amendment to expand gambling to include table games and an additional casino in Prince George’s County.
• October 2011: A special session was held to handle congressional redistricting following the 2010 Census.
• October-November 2007: Lawmakers met for multiple weeks in the fall to address a large budget deficit — including raising the sales tax from 5% to 6% — and giving voters the decision to legalize slot machines.
• June 2006: Lawmakers met to deal with spiking electricity rates.
• December 2004-January 2005: Lawmakers considered reforms to medical malpractice claims as doctors faced rate increases from their insurance providers.