Maryland Supreme Court Rules in Favor of Redistricting Ballot Measure

MARYLAND – The Maryland Supreme Court has reversed the decision of the Circuit Court of Anne Arundel County, ruling that the proposed constitutional amendment can go to a referendum after clarifying the question’s language.

Chief Justice Matthew J. Fader found that lower courts erred in enjoining the State Board of Elections from placing Question 3 on the November 2026 general election ballot. Question 3 is a proposed constitutional amendment that would permit the state to conduct mid-decade redistricting, instead of only drawing lines in accordance with census data once a decade.

However, Justice Fader did acknowledge that the initial ballot question language, as passed by the Maryland General Assembly, was misleading and therefore violated due process. As a result, the Court changed the wording of the question, which initially read as follows:

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.

The newly worded ballot measure question that emerged from Thursday’s ruling reads now reads as follows:

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.

Governor Wes Moore celebrated the Court’s decision, calling it a massive victory for Marylanders and a “powerful defense of our democratic process”. 

“This ruling keeps the power where it belongs: with the voters,” Governor Moore added. “I look forward to taking this case directly to the people and campaigning vigorously for a strong YES vote on Question 3 this November.” 

Meanwhile, opponents of the question criticized the ruling, but maintained that their fight against redistricting does not end here.

“We are disappointed in today’s ruling, and we don’t agree with the remedy offered by the court,” said the Maryland Freedom Caucus, a group of Republican state lawmakers. “While the Supreme Court of Maryland affirmed that the Maryland Freedom Caucus and our co-plaintiffs were correct that the ballot question written by Annapolis Democrats was misleading, they corrected the Democrats’ homework instead of striking it completely.”

Maryland Freedom Caucus says they are collaborating with their legal team at Oversight Project to determine their next course of legal action.

To read the Maryland Supreme Court’s ruling in full, click here.