Maryland Supreme Court Rules on Congressional Redistricting

The Maryland Supreme Court heard oral arguments Thursday on appeals to two lawsuits filed over the redistricting issue and general election ballot question. While the Court found both circuit courts erred in portions of their rulings, the Court agreed that the ballot language in Question 3 is misleading and violates due process requirements. The Supreme Court has remanded both cases to the Anne Arundel and Dorchester County Circuit Courts to resolve the motions for summary judgment and to order the State Board of Elections to replace the text of Question 3 with text rewritten by the Court.

From the Maryland Supreme Court opinion:

ORDERED that the orders entered by the circuit courts shall order the State Board of Elections to replace the text of Question 3 that currently reads:

The proposed Constitutional Amendment clarifies that certain standards in the Maryland Constitution apply only to districts used to elect members of the General Assembly; authorizes the General Assembly to grant original jurisdiction to the Supreme Court of Maryland to review the congressional districting plan of the State; and requires the criteria for boundaries of congressional districts to be determined by applicable federal laws.

with the language of the purpose paragraph of Chapter 881, which reads:

FOR the purpose of clarifying that certain requirements apply only to districts for the election of members of the Senate of Maryland and the House of Delegates; authorizing the General Assembly to grant original jurisdiction to the Supreme Court of Maryland to review the congressional districting plan of the State; and providing that nothing in the Maryland Constitution provides applicable criteria for the boundaries of a congressional districting plan.

Question 3 will be on the ballot for the November 2026 Maryland General Election.

“I am deeply disappointed by today’s decision. While I appreciate that the Maryland Supreme Court recognized the due process concerns raised by our lawsuit and acknowledged that the ballot language required revision, the Court ultimately provided political cover for the General Assembly by allowing this misleading constitutional amendment to remain on the ballot.

Throughout this case, we argued that the General Assembly failed to follow the very election laws it enacted earlier this year. Rather than enforcing those requirements, the Court chose to rewrite the ballot question itself—relief that no party requested—and, in doing so, assumed a role that should belong to the legislative process, not the judiciary.

The silver lining is that the Court implicitly recognized what we have been saying from the beginning: Maryland voters were not being provided with a fair and adequate explanation of what this constitutional amendment would actually do. If the ballot question had to be rewritten by the Court, then it was clearly deficient as originally drafted.

Unfortunately, even with the Court’s revisions, I remain concerned that the ballot language still fails to fully explain the practical consequences of this amendment. Maryland voters deserve complete transparency before they are asked to amend their Constitution—not last-minute judicial edits to rescue a flawed legislative process.”

Governor Moore released the following statement after the Maryland Supreme Court reversed lower court rulings and clarified language around the constitutional amendment referendum:

“Today’s ruling by the Supreme Court of Maryland is a massive victory for the people of our state and a powerful defense of our democratic process. The Court has rightfully reversed the lower court decisions, guaranteeing that this critical constitutional amendment will appear on the general election ballot this November. This affirms what I have said from the very beginning: the final decision on how we draw our maps belongs in the hands of Marylanders, not politicians.

“For over a year, I have warned that Donald Trump and Republicans across the country are working to rig the system, weaken voting rights, and make this pain permanent through aggressive mid-decade redistricting. We refuse to sit on our hands while Republicans engage in political redlining that guts decades of progress. Today’s decision ensures Maryland will not be caught flat-footed against these national threats.

“This ruling keeps the power where it belongs: with the voters. I look forward to taking this case directly to the people and campaigning vigorously for a strong YES vote on Question 3 this November. We are going to protect our democracy, ensure fair representation, and show the rest of the country that in Maryland, we do not surrender.”