Judge to decide fate of Maryland redistricting ballot question

The fight to block a Maryland ballot question on redistricting is now in the hands of a judge.

The Oversight Project, a conservative advocacy group, along with the Maryland Freedom Caucus and other Republican lawmakers, sued after the General Assembly and Gov. Wes Moore approved the question during a special session earlier this month.

The question would allow Maryland voters to decide in November whether to clear the way for a new congressional map that would favor Democrats in all eight of the state's U.S. House districts beginning with the 2028 elections.

Sending the question to voters required approval by three-fifths of both legislative chambers.

Anne Arundel County Circuit Court Judge Robert Thompson had hoped to issue a decision Tuesday, but said at the end of Tuesday's hearing that he would issue a ruling Wednesday.

Based on his questions and remarks during the hearing, Thompson appeared skeptical of the lawmakers' process for getting the ballot question approved.

All in the timing

After leaving Anne Arundel County Circuit Court, Republican lawmakers and members of the Oversight Project said they were looking forward to a favorable ruling.

"The governor of Maryland and the General Assembly are well within their rights to make mistakes and terrible policy all day long," said Mike Howell, president of the Oversight Project. "But what they can't do is just run roughshod over the very rules that they laid out not too long ago. That's what this case comes down to."

In court, the plaintiffs' attorneys focused on the timing of the special session, arguing that lawmakers missed a July 1 deadline for finalizing ballot questions. That deadline was established through the passage of SB 29 during the last legislative session.

Attorneys also raised concerns about due process, arguing that Maryland voters were not given enough time to provide public comment or participate in the process of creating and approving the ballot question.

"All of Marylanders' due process rights were violated in this process. The legislature can't make rules for thee and not apply them to me," said Del. Ryan Nawrocki, R-Baltimore County, who is also the caucus whip for the Maryland Freedom Caucus.

Looking at the Constitution

Assistant Attorney General Daniel Kobrin defended the state in court Tuesday.

Gov. Moore, the Maryland State Board of Elections, MSBE Administrator Jared DeMarinis, Maryland Secretary of State Susan Lee and Maryland Attorney General Anthony Brown were named as defendants in the lawsuit.

Kobrin argued that the General Assembly's authority to propose a constitutional amendment comes directly from the state Constitution and, because of that, lawmakers can override statutes such as the July 1 deadline.

During the hearing, Thompson appeared unconvinced by that interpretation.

"Doesn't seem right to me," Thompson said when discussing the deadline.

He also told Kobrin, "When are we gonna level with the people in this state that the government can do whatever it wants."

Del. Kris Fair, D-Frederick County, who chairs the Election Law Subcommittee, attended Tuesday's hearing.

Outside the courthouse, Fair said he believed Kobrin put up a strong defense.

"We've heard it time and time again for hours on the floor, the discussion about the constitutional rights and the fact we're sending this to the voters of Maryland. This is my question: Why are the Republicans this scared of the voters of the state of Maryland?" Fair said.

Kobrin asked Thompson to issue injunctive relief if the ruling goes against the state. That would prevent the ruling from taking effect while the state appeals the decision.

Thompson said he would consider the request.