A Maryland court has ruled against a proposed constitutional amendment that would have allowed Democrats to redraw the state's congressional districts ahead of the 2028 elections. The ruling, issued on Wednesday by Anne Arundel County Circuit Court Judge Robert Thompson, prevents the amendment from appearing on the November ballot but pauses the ruling to allow for an appeal to the state Supreme Court.
Democrats currently hold seven of Maryland's eight congressional seats. Governor Wes Moore convened a special session in August to facilitate efforts to secure the final seat. The proposed amendment aimed to override a previous court ruling that invalidated a Democratic redistricting plan in 2022. It sought to clarify that a constitutional requirement for districts to be compact and consider "natural boundaries" applies only to state legislative districts, not congressional ones. This change would enable Democratic lawmakers to create congressional districts that cross the Chesapeake Bay, potentially reshaping a district held by Republican Representative Andy Harris.
Judge Thompson ruled that lawmakers did not meet their own deadlines for ballot measures, as they had established a July 1 deadline for certifying summaries of statewide ballot questions. The state attorney general's office contended that this deadline did not apply to the redistricting amendment due to lawmakers drafting their own ballot summary. However, the judge sided with arguments from the conservative Oversight Project and Republican lawmakers who filed the lawsuit.
Thompson also stated that the ballot question wording was "intentionally misleading" by claiming it merely "clarifies" the Constitution's redistricting standards. Additionally, he noted that the amendment violated a single-issue requirement in the Constitution by including a provision granting the state Supreme Court original jurisdiction over congressional redistricting lawsuits.
As a result, Thompson ordered the board of elections to refrain from including the amendment on the general election ballot scheduled for November 3, 2026. Earlier this year, the Virginia Supreme Court similarly invalidated a redistricting ballot measure due to procedural violations by state lawmakers. Both Virginia and Maryland were attempting to follow California's example, where voters approved a Democratic-backed amendment for mid-decade redistricting, which Democrats hope could yield additional congressional seats. In contrast, Republicans anticipate gaining seats from new congressional districts established in several states, including Alabama, Florida, and Texas.
Redistricting typically occurs at the beginning of each decade following the release of new census data, but mid-decade redistricting efforts have emerged following calls from former President Trump for Republican-led states to redraw congressional districts to maintain a House majority.