A Maryland court has ruled that a proposed constitutional amendment, intended to allow Democrats to redraw the state's congressional districts, cannot appear on the November ballot. The decision by Anne Arundel County Circuit Court Judge Robert Thompson marks a setback for Democratic efforts to influence redistricting ahead of the 2028 elections.
Judge Thompson ruled that lawmakers missed deadlines for submitting ballot measures and that the amendment's wording was intentionally misleading. The proposed amendment sought to clarify that a constitutional requirement for districts to be compact and respect natural boundaries would apply only to state legislative districts, not congressional ones. This distinction could have allowed for the redrawing of districts, including one currently held by Republican Rep. Andy Harris, the chair of the conservative House Freedom Caucus.
Democrats currently hold seven of Maryland's eight congressional seats. Governor Wes Moore had called a special legislative session in August with the aim of advancing this redistricting proposal. The amendment was intended to bypass a 2022 court ruling that struck down a previous Democratic redistricting plan.
However, Judge Thompson sided with arguments presented by the conservative Oversight Project and Republican state lawmakers, who sued to block the amendment. The judge found that a July 1 deadline for the secretary of state to certify ballot question summaries to the State Board of Elections was violated. The state attorney general's office had argued this deadline did not apply because lawmakers drafted their own ballot summary.
Thompson also stated that the amendment violated the state Constitution's single-issue requirement by including a provision that would grant the state Supreme Court original jurisdiction in lawsuits over congressional redistricting. "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 ruling allows for an appeal to the state Supreme Court, as the judge paused the effect of his decision. This situation mirrors a recent invalidation of a redistricting ballot measure in Virginia due to procedural violations by state lawmakers.
Nationally, redistricting battles have intensified. While typically occurring after decennial census data is released, a mid-decade redistricting push has emerged, with Republicans aiming to gain seats in states like Alabama, Florida, and Texas, and Democrats hoping to secure advantages in California and Utah. This trend was notably encouraged by former President Donald Trump, who urged Republican-led states to redraw districts in an effort to bolster Republican control of the House of Representatives.