Judge Blocks Dems Redistricting Referendum Barred From MD Ballots

At the center of the fight is House Bill 2100, approved by Maryland’s Democratic-controlled General Assembly during a two-day special session in early August and signed by Democratic Gov. Wes Moore.

The proposed constitutional amendment would clarify that Maryland constitutional requirements calling for districts to be compact, contiguous and respectful of geographic and political boundaries apply only to state legislative districts — not congressional districts.

It would also allow lawmakers to give the Supreme Court of Maryland original jurisdiction over challenges to congressional maps.

The amendment itself would not immediately create a new congressional map.

Republicans, however, argue that removing those state constitutional restrictions could clear the way for Annapolis Democrats to redraw Maryland’s congressional districts and target Rep. Andy Harris, the only Republican in the state’s eight-member U.S. House delegation.

The legal challenge was brought by conservative Oversight Project President Mike Howell along with Republican lawmakers from the Maryland House and Senate.

Their case focused heavily on Senate Bill 29, legislation enacted earlier this year establishing procedural requirements for statewide ballot questions.

Under that law, referendums must be written in plain language, prepared and certified by government entities by July 1, and subjected to a 15-day public comment period.

But lawmakers did not approve the redistricting amendment until August—after the deadline had already passed. Before approving HB 2100, legislators added language exempting the measure from the requirements contained in Senate Bill 29.

Republicans argued that this amounted to the Democratic supermajority sidestepping rules that the legislature itself had recently enacted when those rules became inconvenient.

The judge specifically questioned the idea that the legislative branch could enact laws establishing requirements and then simply avoid those requirements when pursuing a new political objective.