Maryland GOP Files Lawsuit to Block Redistricting Constitutional Amendment From November Ballot
The partisan warfare over Maryland's congressional map has shifted to the courts. On Thursday, August 6, 2026, the Maryland Freedom Caucus and Senate GOP leadership filed a lawsuit in Anne Arundel County Circuit Court against Governor Wes Moore and top state election officials, seeking to block the newly passed redistricting constitutional amendment (HB 2100) from appearing on the November 2026 general election ballot.12
The lawsuit challenges the legality of the legislative process used by the Democratic majority during the two-day special session in early August. Specifically, the GOP argues that the legislation violates a state law passed earlier this year (SB 29) requiring all ballot questions to be submitted to the State Board of Elections by July 1. To bypass this deadline, Democrats attached an amendment to HB 2100 exempting it from the July 1 requirement, which Republicans argue was a last-minute procedural maneuver that deprived the public of proper review.
Del. Matt Morgan (R-St. Mary's County), Chair of the Maryland Freedom Caucus, stated:
"Annapolis Democrats spent taxpayer dollars on a special session for one reason: to rewrite the Maryland Constitution and eliminate the last remaining Republican congressional seat. Like a banana republic, they suspended the rules, ignored statutory deadlines, and treated the Constitution as an obstacle to be removed. Our Declaration of Rights exists to protect the people from politicians who undermine free and fair elections."
The lawsuit also challenges Governor Moore’s ceremonial signing of the amendment on August 5, 2026, as an unconstitutional attempt to fuse ordinary lawmaking with the constitutional referendum process.
Democratic leaders, including Senate President Bill Ferguson and House Speaker Joseline Peña-Melnyk, have defended the process, expressing confidence that they followed the law and made the appropriate accommodations to ensure the measure is properly placed before voters. The case has been fast-tracked due to tight election deadlines, with a formal court hearing scheduled to begin on August 25, 2026.
-
An instance of A state cannot execute a partisan mid-decade redistricting plan without establishing an explicit state constitutional mandate. — The Republican lawsuit seeks to halt the constitutional amendment process, knowing a formal amendment is required to execute a mid-cycle map redraw. ↩︎
-
An instance of A partisan mid-decade redistricting push cannot succeed without bypass-ready state-level constitutional amendments. — The lawsuit attempts to block a mid-decade redistricting constitutional amendment from being approved by voters on the ballot. ↩︎