MD Supreme Court Clears Redistricting Question for November Ballot

The Supreme Court of Maryland has cleared a proposed congressional redistricting amendment for the November ballot, overturning two circuit court rulings that would have blocked the measure. The Court found the ballot language approved by the General Assembly misleading but ordered revised language, ending weeks of uncertainty as State and local election administrators move deeper into preparations for the November 3 general election.

The divided Court issued its order Thursday evening after hearing arguments earlier in the day. Circuit court judges in Anne Arundel and Dorchester counties had separately ruled against the amendment and issued injunctions barring it from the ballot.

The Supreme Court agreed with the lower courts that the ballot question did not adequately explain the amendment. But instead of removing Question 3, the Court directed election officials to use revised language based on the purpose paragraph in HB 2100.

The new language tells voters that the amendment would clarify that certain constitutional requirements apply only to districts for the Maryland Senate and House of Delegates. It would also allow the General Assembly to give the Supreme Court original jurisdiction over congressional redistricting plans and state that the Maryland Constitution does not provide criteria for congressional district boundaries.

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 change the constitutional rules governing congressional redistricting but would not redraw Maryland’s congressional districts.

The legal challenges left the State Board of Elections and local boards preparing for two possible outcomes as ballot production deadlines neared. Thursday’s order settles which version they need to prepare: Question 3 will appear statewide with the Court-ordered language.

Election officials now have to incorporate that language into ballots already moving through the production process. Local ballots also include federal, State, and local contests, as well as local ballot questions that vary by county.

According to State Administrator of Elections Jared DeMarinis, the State Board plans to begin sending mail-in ballots on September 19, including ballots that must be sent to military and overseas voters under federal deadlines.

The State Board also must complete a Spanish translation of the replacement language and make the corresponding changes across its election materials. Local boards will carry out the election using the revised question as they continue ballot testing and other preparations for November.

Voters will decide Question 3 in the November 3 general election. Stay tuned to Conduit Street as preparations continue for the November election.

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