Maryland Supreme Court Reverses Lower Courts, Restoring Redistricting Ballot Question
In a major victory for state Democrats, the Maryland Supreme Court ruled on the evening of Thursday, September 3, 2026, to keep a proposed constitutional amendment regarding congressional redistricting on the November ballot. The state's highest court reversed two lower-court rulings that had blocked the ballot question due to its original wording.
The proposed constitutional amendment is a direct effort by Maryland Democrats to protect their ability to draw favorable congressional maps for the 2028 election cycle and beyond. If approved by voters, the amendment will clarify that Maryland's strict state-level redistricting requirements—which were used by a state court in 2022 to strike down a Democratic-drawn map—apply only to state legislative districts, not federal congressional boundaries. It also grants the state's highest court original jurisdiction to review congressional redistricting plans.
While the court ordered the ballot question restored, it required the state to adjust the wording of the question to ensure clarity for voters.
"The Maryland Supreme Court ruled Thursday evening to keep a Democrat-led redistricting referendum on the ballot this November but with different wording. The ruling, which overturns a lower court’s decision to block this proposed ballot question, is a major victory in the Democratic Party’s efforts to boost their chances at reclaiming the House this fall."
The ruling represents a critical turn in the partisan battle over Maryland's electoral map. State Republicans had successfully sued in lower courts, arguing that the ballot question's language was misleading and that the special legislative session called to pass it was an abuse of power. The Supreme Court's majority dismissed those arguments, noting that the measure had passed with the required three-fifths supermajority in both chambers of the General Assembly.
"The Court has rightfully reversed the lower court decisions, guaranteeing that this critical constitutional amendment will appear on the general election ballot this November."
This decision sets up a high-stakes campaign ahead of the November election, with Democrats urging voters to approve the amendment to secure their map-making power, and Republicans vowing to defeat it at the ballot box.