Maryland lawmakers convened a special session Monday to debate a constitutional amendment that could allow Democrats to redraw congressional maps to favor their party, potentially securing an additional U.S. House seat by 2028. The proposed amendment, which would require voter approval, aims to grant Democrats greater influence in shaping the state's congressional districts, seven of which are currently held by the party.
The move by Maryland, a state with a strong Democratic majority, is the latest development in the national struggle over redistricting, which began about a year ago and has already altered the U.S. House map in preparation for the upcoming midterm elections.
State Senate President Bill Ferguson had previously blocked a redistricting initiative that could have led to new maps before the fall elections, citing concerns about potential judicial review. However, he stated his position shifted following a late April U.S. Supreme Court decision that he believes weakened the Voting Rights Act. Ferguson described the court's decision as a catalyst for Republicans to quickly redraw districts in Southern states with significant minority populations that have elected Democrats, calling these actions "painful to watch."
"It felt like the unwinding of any type of democratic norms in the blink of an eye," Ferguson said in an interview, referring to the Supreme Court's decision and its implications.
Maryland's sole Republican representative in Congress, Rep. Andy Harris, whose district encompasses the largely rural Eastern Shore, has criticized the proposed amendment. Harris, who chairs the House Freedom Caucus, argued that the amendment would lead to gerrymandering that disenfranchises rural voters by breaking up areas with shared interests and creating districts dominated by urban and suburban populations. He indicated that such a move would "of course" face a court challenge.
In 2021, efforts to redraw maps to make Harris' district more competitive for a Democrat were struck down by a judge in 2022, who characterized the original districts as a "product of extreme partisan gerrymandering."
To mitigate the risk of similar legal challenges, lawmakers are considering legislation to amend the state constitution. The amendment would clarify that certain parameters cited by the judge, such as districts being compact and respecting "natural boundaries," apply only to General Assembly districts, not congressional ones.
If the amendment receives a three-fifths vote in both legislative chambers, it will be presented to voters in the Nov. 3 general election. Approval by voters would then allow lawmakers to revise congressional maps for the 2028 election cycle.
Republicans have voiced opposition, with House Minority Leader Jason Buckel expressing concern over "significant limitations on witnesses" and describing any bill hearing as a "brief and meaningless formality."
Gov. Wes Moore, a Democrat, has expressed frustration with the earlier refusal to redistrict and views the current proposal as a necessary response to Republican actions in other states. He stated that the proposal would ultimately place the decision-making power with voters, not "party bosses."
"And if the people determine that there’s nothing to do, then there’s nothing to do. But if the people determine that we move, we move," Moore said.
Maryland's special session is part of a broader national redistricting battle initiated by former President Donald Trump, who encouraged Republican-led states to redraw districts to bolster the party's House majority. Republican-led states like Texas, Missouri, North Carolina, Ohio, Florida, Tennessee, Louisiana, and Alabama have enacted new maps, which Republicans believe could yield as many as 16 additional seats. Democrats, facing setbacks in their counter-efforts, anticipate gaining up to six seats from revised districts in California and Utah.
Other states, including New York, are also taking steps toward redistricting. New York's Democratic-led Legislature has approved a proposed constitutional amendment that would allow for mid-decade redistricting, repeal bans on partisan gerrymandering, and potentially bypass an independent redistricting commission. This measure requires another legislative approval next year before it can be put to a statewide ballot.