The Supreme Court of Maryland will decide whether a proposed congressional redistricting amendment can appear on the November ballot after two circuit court judges separately ruled against the measure. The first appeal is set for Thursday, September 3, as the State Board of Elections prepares to begin printing ballots.

Last week, Anne Arundel County Circuit Court Judge Robert J. Thompson ruled that the General Assembly failed to comply with State election law when it passed HB 2100 and found that the proposed ballot language did not adequately explain the amendment’s effect. The Court also found that the measure violated the Maryland Constitution’s single-subject requirement.

Dorchester County Circuit Court Judge S. James Sarbanes reached a similar conclusion Friday. In the Dorchester County decision, Sarbanes found that lawmakers failed to follow election law requirements and that the ballot question did not give voters adequate notice of the amendment’s purpose and effect.

Both courts issued injunctions barring the question from the November ballot but stayed their orders pending appeal. The stays leave the question’s status unresolved while the cases move to the Supreme Court of Maryland.

As previously reported on Conduit Street, the General Assembly passed HB 2100 during a two-day special session in August. The proposed constitutional amendment would establish new constitutional parameters for congressional redistricting but would not itself change Maryland’s congressional districts.

The Supreme Court of Maryland will take up the first challenge Thursday, reviewing the Anne Arundel County Circuit Court ruling as election administrators prepare ballots for the November 3 general election.

Stay tuned to Conduit Street for more information.