Maryland judge strikes down ballot question on congressional redistricting
A judge has ruled against Maryland's ballot question regarding the future of congressional redistricting in the state.
Anne Arundel County Circuit Court Judge Robert Thompson issued the ruling Wednesday, following a court hearing on the matter Tuesday.
The question that was set to appear on the November ballot asks Maryland voters to decide whether to clear the way for a new congressional map.
The case is now expected to head to the Maryland Supreme Court, as the state appeals the judge's decision.
Both sides respond to judge's ruling
Gov. Wes Moore signed the measure into law earlier this month after the Democratic-controlled state legislature approved it during a special legislative session. The bill needed three-fifths approval from both chambers to move forward, and it cleared the House 96-38 and the Senate 32-13.
The Oversight Project, a conservative advocacy group, the Maryland Freedom Caucus and other Republican lawmakers then sued to block the measure from the ballot.
Maryland House Speaker Joseline A. Peña-Melnyk reacted to Wednesday's ruling, saying the legal process will continue to play out.
"The General Assembly acted because we believe Maryland voters should have the opportunity to decide whether these standards belong in our Constitution. Today's ruling has been stayed pending appeal, and we will allow that legal process to proceed," Peña-Melnyk said in a statement. "We remain confident in the authority of the General Assembly and believe Maryland voters should have the final say."
Senate Minority Leader Steve Hershey, meanwhile, called the ruling "an important victory."
"Today's ruling is an important victory for the rule of law and for every Maryland voter who expects government to follow the Constitution and the election laws it enacts," Hershey said in a statement. "This case has never been about preventing Marylanders from having a voice. It has been about ensuring that before voters are asked to amend our Constitution, the State first complies with the Constitution and the election procedures established by law."
"A chamber that holds a supermajority is still a chamber bound by the law. Today the court made clear that three-fifths of the vote doesn't buy you an exemption from the rules you wrote yourself. Maryland doesn't answer to kings, and it doesn't answer to a legislature that thinks it's one," Maryland Freedom Caucus Chair Matt Morgan added in a statement.
CBS News Baltimore has reached out to Moore's office for a comment, as well.
Maryland's redistricting ballot question
If approved in November, the redistricting changes would favor Democrats in all eight of the state's U.S. House districts, beginning with the 2028 elections.
Specifically, the ballot question would ask voters whether future congressional maps should be judged under federal constitutional standards, rather than the state's current constitutional standards.
As the map stands right now, Republicans only hold one congressional district in the state, which currently belongs to Rep. Andy Harris, chair of the House Freedom Caucus.
The ballot question would not immediately redraw congressional districts, nor affect the 2026 midterms.
What came from Tuesday's court hearing
Attorneys for the plaintiffs focused on the timing of the legislature's special session, arguing that lawmakers missed a July 1 deadline to finalize ballot questions. That deadline was established through the passage of SB 29 during the last legislative session.
The plaintiffs' 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.
Assistant Attorney General Daniel Kobrin defended the state, arguing the General Assembly's authority to propose a constitutional amendment comes directly from the state constitution and, because of that, lawmakers can override statutes like the July 1 deadline.
The judge, however, appeared unconvinced by that interpretation.
"Doesn't seem right to me," Thompson said Tuesday.
Kobrin had asked the judge to issue an injunctive relief if the ruling went against the state. That would prevent it from taking effect while the state appeals.
