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.
If approved, the state constitutional amendment would authorize the Maryland General Assembly to grant the state’s highest court “original jurisdiction” to review congressional redistricting plans.
Maryland Democrats, who control the General Assembly, have pushed for this measure, which could give their party a chance to win all eight of the state’s seats in the House. The proposed amendment clarifies Maryland’s strict redistricting parameters, related to a 2022 court decision that struck down a 2021 map, apply only to state Assembly districts — not congressional maps.
The proposal passed the Maryland Legislature last month and was signed into law by Gov. Wes Moore (D) shortly after.
The court noted in its majority opinion that the question passed with the support of “more than three-fifths of all elected members” of both houses in the Maryland General Assembly.
The justices also agreed with two circuit court judgments that found the language of the constitutional amendment was misleading, ordering the original ballot language be rewritten for clarity.
Moore celebrated the decision as a “massive victory” in a statement released by his office Thursday evening.
“The Court has rightfully reversed the lower court decisions, guaranteeing that this critical constitutional amendment will appear on the general election ballot this November,” the Democrat said. “This affirms what I have said from the very beginning: the final decision on how we draw our maps belongs in the hands of Marylanders, not politicians.”
The governor urged Maryland voters to support the ballot measure this fall.
He continued, “We are going to protect our democracy, ensure fair representation, and show the rest of the country that in Maryland, we do not surrender.”
In a dissenting opinion, Maryland Supreme Court Justice Steven Gould said he would have kept this question off the November ballot, saying it was not the high court’s “job to rewrite the question for the General Assembly.” His dissent to the majority opinion was joined by state Supreme Court Justice Glenn Harrell.
Additionally, Gould said the majority’s proposed ballot question rewrite “remains misleading.”
“Maryland voters reading it would not understand that the criteria being removed include the guarantees of the Declaration of Rights—the collection of sacred rights that protect Marylanders against government overreach,” Gould wrote in his dissent.
Nicole Beus Harris, the chair of the Maryland Republican Party, said in a statement shared on social media that state GOP leaders are “deeply disappointed” by this ruling.
“Nevertheless, we are confident we can defeat this amendment at the ballot box in November,” she said.
