An upcoming lawsuit in Maryland seeks to challenge a redistricting amendment promoted by Democrat Governor Wes Moore from appearing on the November ballot. The suit asserts that state officials moved ahead with the measure despite the state’s legislative analysts determining that the deadline for certifying ballot questions had already passed.
The lawsuit, filed Thursday night in Anne Arundel County Circuit Court by the conservative watchdog group Oversight Project, argues that HB 2100 is unlawfully presented to voters. Maryland’s deadline for certifying statewide ballot questions expired on July 1, which was over a month before lawmakers convened a special session to approve this proposal.
Oversight Project, alongside Republican lawmakers, contends the amendment could lead to an all-Democratic congressional delegation. HB 2100 seeks to amend the Maryland Constitution so that congressional districts no longer adhere to state constitutional standards concerning compactness and boundaries.
The Oversight Project emphasizes its aim ‘to expose and root out corruption in government, among elected officials, and in influential organizations to ensure power resides with the American people.’
The complaint alleges Democratic sponsors portrayed the amendment as merely ‘technical’ in the Maryland House. Legislative Services noted that the July 1 deadline for ballot question certification had elapsed. Additionally, election officials were required to publicly post the full text of any proposed constitutional amendment at least 90 days before Election Day.
According to the complaint, less than an hour before a joint committee hearing began, lawmakers added ‘notwithstanding any other provision of law’ to HB 2100. Plaintiffs assert this language was intended to bypass Maryland’s certification, notice, and public-comment requirements after these deadlines had expired. The complaint also highlights debates in both the House and Senate reflecting lawmakers knew the statutory timeline could not be met.
Democratic state Senator Cheryl Kagan acknowledged during floor debates that compliance with the law was impossible given the expired timeline. Republican Delegate Matt Morgan criticized the disputed language, introduced just before a committee hearing, emphasizing the need to follow the law. Republican Delegate Kathy Szeliga highlighted the lack of public comment opportunity, equating it to a partisan maneuver.
The proposal aims to overturn a 2022 state court ruling which upheld constitutional standards for congressional redistricting. Governor Moore defended the amendment, calling it a counter to Republican-led efforts in other states, asserting Marylanders should have control over their representation.
The lawsuit requests the court bar officials from certifying or processing votes on the amendment, with expedited review due to the nearing election date. Officials from Moore’s office, the Maryland Attorney General’s Office, and the State Board of Elections were unavailable for comment.