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A Maryland state court has invalidated a proposed constitutional amendment aimed at allowing Democrats to redraw the state’s congressional map before the 2028 elections.
The ruling, issued Wednesday by a judge in Annapolis, presents another setback for national Democratic efforts trying to counter a Republican redistricting initiative supported by former President Donald Trump ahead of this year’s elections.
Even though the judge decided that this measure can’t appear on November’s ballot, he temporarily stayed his ruling so that an appeal can be made to the state Supreme Court.
Currently, Democrats control seven out of Maryland’s eight congressional seats. In August, Democratic Governor Wes Moore called legislators into a special session hoping to secure the remaining seat.
The legislative proposal intended for voters was meant to bypass a 2022 court decision that rejected an earlier Democratic redistricting plan.
This new approach aims to clarify that constitutional requirements for compact districts and respect for “natural boundaries” only apply to state legislative boundaries and not federal congressional ones.
If successful, this change would allow Democratic lawmakers in Maryland to create congressional districts that cross over Chesapeake Bay, potentially modifying a district currently represented by Republican Rep. Andy Harris, who leads the conservative House Freedom Caucus.
Judge Robert Thompson from Anne Arundel County Circuit Court found that legislators did not meet statutory deadlines they had themselves set.
New legislation passed earlier this year and signed by Moore mandated that summaries of all statewide ballot measures be submitted by July 1st.
Attorneys from the attorney general’s office argued that this deadline didn’t apply because lawmakers created their own summary using their constitutional powers.
The judge dismissed this claim in favor of conservative Oversight Project and Republican legislators who initiated the lawsuit.
Thompson also pointed out that lawmakers used “intentionally misleading” language in suggesting it simply “clarifies” existing rules about redistricting. He added that it violated a constitutional requirement for single-subject ballot items because it included a clause giving original jurisdiction over congressional redistricting litigation to the state Supreme Court.
Maryland State Capitol (AFP via Getty Images)
“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.
The state filed an appeal notice with Maryland’s Supreme Court soon after delivering its decision.
Democratic Maryland House Speaker Joseline Peña-Melnyk expressed optimism about what lies ahead.
“We remain confident in the authority of the General Assembly and believe Maryland voters should have the final say,” she said in a statement.
Opponents against changing district lines acknowledged that legal challenges are still active.
However, Oversight Project Strategic Counsel Marshall Yates remarked: “today’s decision is a major step in our battle against Maryland’s lawless attempt at redistricting. Complete and total vindication!”
