A conservative watchdog group has filed a lawsuit seeking to prevent a Maryland redistricting measure, backed by Gov. Wes Moore, from appearing on the November ballot. The Oversight Project alleges that state officials approved the measure despite missing the statutory deadline for certifying ballot questions.
The complaint, filed Thursday in Anne Arundel County Circuit Court, contends that House Bill 2100 could not lawfully proceed to voters because Maryland's July 1 deadline for certifying statewide ballot questions had passed before lawmakers convened a special session to approve the proposal. The Oversight Project, which filed the suit with Republican lawmakers, argues that if approved, HB 2100 could lead to an 8-0 Democratic majority in Maryland's U.S. House delegation. The measure proposes amending the state constitution to remove congressional districts from the standard constitutional requirements for compactness and boundaries.
According to the lawsuit, a fiscal note from the Department of Legislative Services indicated that the July 1 deadline for certifying ballot questions had already passed. The note also stated that election officials are required to publicly post the full text of proposed constitutional amendments at least 90 days before Election Day.
Plaintiffs allege that language was added to HB 2100 shortly before a committee hearing, stating "notwithstanding any other provision of law." They claim this addition was intended to override Maryland's certification, notice, and public-comment requirements after those deadlines had already elapsed. The lawsuit cites remarks from Democratic state Sen. Cheryl Kagan, who, according to the complaint, stated during floor debate that there was insufficient time to comply with legal requirements due to the July 1 deadline having already passed.
Maryland Republican Delegate Matt Morgan, one of the plaintiffs, told Fox News Digital that the disputed language was introduced less than an hour before a committee hearing. He stated that Democratic leadership later described the amendment as "technical" on the House floor, which he characterized as an attempt to circumvent missed statutory deadlines. Republican Delegate Kathy Szeliga, also a plaintiff, noted that legislators had minimal time to review the revised language and that the public had no opportunity to comment, calling it a "naked political, partisan power grab."
The lawsuit asserts that the proposal aims to counteract a 2022 state court ruling that applied constitutional standards for compactness and boundaries to congressional redistricting. Democrats currently hold seven of Maryland's eight U.S. House seats. Governor Moore has defended the amendment, stating it would ensure "Marylanders — and no one else — have the final say over their representation."
The lawsuit requests that the court prohibit state officials from certifying, printing, distributing, tabulating, or canvassing votes on the amendment. It also seeks expedited review due to the approaching election calendar. Representatives for Governor Moore's office, the Maryland Attorney General's Office, and the Maryland State Board of Elections did not immediately respond to requests for comment.