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Maryland Supreme Court keeps Question 3 on ballot, rewrites wording

Annapolis, MarylandPublished 4 Sep 2026

The Maryland State House in Annapolis, where the state's highest court sits.
The Maryland State House in Annapolis, where the state's highest court sits.

P. Hughes / Wikimedia Commons, CC BY-SA 4.0 · source

A divided high court reversed two lower-court blocks of a Democratic congressional-redistricting amendment, but found the original ballot language misleading and ordered it replaced with the bill's purpose paragraph.

Maryland's Supreme Court ruled Thursday that Question 3, a Democratic-backed constitutional amendment on congressional redistricting, will appear on the November ballot. The divided court reversed circuit-court injunctions in Anne Arundel and Dorchester counties, rejected missed-deadline and single-subject challenges, and agreed the original ballot wording was misleading. Justices ordered the text replaced with the bill's purpose paragraph, which says nothing in the Maryland Constitution provides criteria for congressional maps. Justice Steven Gould dissented, joined by Senior Justice Glenn Harrell.

Shared facts

Maryland's Supreme Court ruled that Question 3 will appear on the November ballot.

The court reversed two circuit-court rulings that had blocked Question 3 from the ballot.

The court ordered the ballot language rewritten.

The ruling was not unanimous.

The court agreed the original ballot language was misleading and violated due process.

The court ordered the existing question replaced with the purpose paragraph from the legislation.

The rewritten question says nothing in the Maryland Constitution provides applicable criteria for congressional district boundaries.

The court said lower courts erred in blocking Question 3 over election-law deadlines.

The court rejected the claim that Question 3 violated Maryland's single-subject requirement.

Justice Steven Gould dissented.

Senior Justice Glenn Harrell joined Gould's dissent.

The court ordered the Anne Arundel and Dorchester circuit courts to enter new orders by Friday, Sept. 4.

Those orders must require the State Board of Elections to replace the Question 3 language.

The court said a fuller opinion explaining its reasoning would be filed later.

The court heard about two hours of arguments Thursday.

The ruling came as election officials faced a deadline to finalize or print November ballots.

Democrats passed the amendment during an August special session as House Bill 2100.

Rep. Andy Harris is Maryland's only Republican in Congress.

The amendment would not change congressional districts for this year's midterm elections.

If voters approve it, Democrats could draw congressional maps aiming for all eight House seats in 2028.

The amendment would apply compactness and natural-boundary rules only to state legislative districts.

The amendment would let the General Assembly grant the Maryland Supreme Court original jurisdiction over congressional maps.

Those deadlines had already passed when lawmakers approved the amendment on Aug. 4.

Republicans filed lawsuits in Anne Arundel and Dorchester counties challenging Question 3.

Circuit judges in those counties blocked Question 3 from the November ballot.

Mail-in ballots are set to go out starting Sept. 19.

Elections Administrator Jared DeMarinis said the State Board of Elections will meet mail-in ballot deadlines.

Gov. Wes Moore called the ruling a massive victory.

Moore said the ruling keeps the power with the voters.

Senate President Bill Ferguson and House Speaker Joseline Peña-Melnyk called the decision a victory for Maryland voters.

Ferguson and Peña-Melnyk said the ruling affirms the General Assembly's power to formulate ballot questions.

Senate Minority Leader Steve Hershey said the court provided political cover for the General Assembly.

Hershey said the revised ballot language still fails to fully explain the amendment's true effect.

The Maryland Freedom Caucus said the court corrected Democrats' homework instead of striking the question.

The Freedom Caucus said it is considering next steps with the Oversight Project.

Gould wrote that the General Assembly should bear the consequences of drafting a misleading question.

Gould wrote it is not the court's job to rewrite the question for the General Assembly.

Gould said voters would not understand that Declaration of Rights criteria for congressional maps would be removed.

Joe Francaviglia of Fight Back MD said opponents failed to keep the decision out of voters' hands.

Francaviglia said the campaign will organize statewide and mobilize voters to vote YES on Question 3.

Doug Mayer of Protect Maryland Votes said the ruling serves Democratic interests and called the decision baffling.

Lawyers for Attorney General Anthony Brown argued the certification deadlines did not apply because lawmakers wrote their own ballot summary.

Ferguson and Peña-Melnyk said lawmakers wanted a clear legal path to future redistricting without risking the current congressional map.

Hershey said the court chose a third path by rewriting the ballot language instead of upholding or reversing the circuit courts on the election-law question.

Gould said he would have affirmed both lower-court decisions.

Gould wrote he is skeptical the Election Law Article authorizes the court to draft ballot language.

President Trump urged Republican-led states to redraw congressional districts mid-decade.

The Banner

Maryland Supreme Court allows redistricting question on ballot

Pamela Wood

Published 3 Sep 2026 accessed 4 Sep 2026

Facts

Gov. Wes Moore and Speaker Joseline Peña-Melnyk supported drawing a new congressional map.

Senate President Bill Ferguson warned that an 8-0 map might not pass legal muster.

Democrats also hope a new map could survive a legal challenge.

The justices ruled 5-2.

Moore campaign spokesperson Carter Elliott IV posted a photo of the governor holding a large letter L and tagged Republican lawmakers in the cases.

The Freedom Caucus partnered with the Oversight Project to bring one of the cases.

The amendment will appear as Question 3.

Elections Administrator Jared DeMarinis said after the hearing he was hoping for a quick resolution.

Opinion

The Banner called the ruling a win for Democrats.

Democrats hope to draw a map unfriendly to Andy Harris, the state's lone Republican in Congress.

Maryland Matters

Maryland Supreme Court says redistricting ballot question can go to voters

Maryland Matters

Published 3 Sep 2026 accessed 4 Sep 2026

Facts

Fader said the majority found fault with the reference to applicable federal laws as the criteria for congressional boundaries.

Gould said the majority's new question remains misleading.

Gould said Marylanders would lose the ability to challenge a plan that disadvantages a religious minority or punishes political expression.

Gould and Harrell agreed the legislature missed a deadline and improperly included two subjects in one question.

Gould wrote those are not redundant guarantees.

A group supporting the ballot question said Republicans sought to prevent voters from having a choice in November.

Elections Administrator Jared DeMarinis thanked the court for its quick work.

The proposal would supersede Judge Lynne Battaglia's 2022 congressional redistricting ruling.

Mayer wrote the language does not mention disenfranchising nearly half the state.

Democratic supermajorities in both chambers passed the amendment along party lines.

Ferguson iced a House-approved February congressional map because of concern over Battaglia's ruling.

After a U.S. Supreme Court Voting Rights Act ruling, Ferguson backed a special session to override the Battaglia ruling.

The circuit court rulings were immediately appealed to the Supreme Court.

Opinion

Maryland Matters said Democrats muscled a legally faulty question through a two-day special session.

Mayer said the language was written on purpose by politicians trying to deceive voters.

Mayer called the language an insult to voters' intelligence and a betrayal by officials.

The Star Democrat

State Supreme Court allows redistricting question onto ballot

Macayla Cook

Published 4 Sep 2026 accessed 4 Sep 2026

Facts

Question 3 would amend the Maryland Constitution to allow the General Assembly to initiate redistricting.

The Anne Arundel judge wrote that House Bill 2100 was legally deficient because the legislature did not follow the laws it enacted.

The Anne Arundel judge added that the question itself remains deficient.

Justice Jonathan Biran did not participate in the decision.

Del. Matt Morgan said Article 14 gives the General Assembly, not the courts, the duty to prescribe ballot amendment form.

Morgan said the court took that duty for itself.

Morgan, chair of the Maryland Freedom Caucus, said that in a statement.

Opinion

The Star Democrat said the amendment would pave a clearer legal path for Democrats to gerrymander.

Hershey said voters deserve transparency, not last-minute judicial edits to rescue a flawed process.

WBAL

Maryland Supreme Court rules to allow redistricting question on ballot with different language

Marshall Keely

Published 4 Sep 2026 accessed 4 Sep 2026

Facts

The original ballot text said congressional district criteria would be determined by applicable federal laws.

Republican attorney Jeffrey Clark said the practical outcome is eliminating the last Republican Eastern Shore seat.

Justice Shirley Watts asked whether the third clause of the question is quite ambiguous.

Chief Justice Matthew Fader questioned why the General Assembly did not make changes through legislation.

The assistant attorney general said no court has ever thrown out a ballot question before it reached voters.

Fader said congressional districts are defined by state law in the code.

Kobrin said the ballot question presents nothing about the General Assembly's ability to change districting.

Delegate Kris Fair asked how those issues weigh against citizens' right to define their constitution at the polls.

Kobrin suggested the court could require changes to the question language before it appears on the ballot.

Clark said the legislature put itself in an impossible situation on the deadlines.

If the question passes and the map is redrawn, Harris's sole Republican seat could be in jeopardy.

Harris said he thinks the judges got it wrong.

Harris said people should have been able to look at the wording and comment on whether it is adequate.

Rep. Andy Harris shared his reaction with WBAL about the ruling.

Delegate Ryan Nawrocki said the decision is deeply disappointing.

Attorney General Anthony Brown commended his office for successfully defending the amendment.

Nawrocki said Marylanders will have the final word on November 3.

Opinion

Harris said the judges replaced people's judgment with their own, which he called a bad idea.

Harris said he thinks most Marylanders will reject the amendment because they oppose hyper-partisan gerrymandering.

Nawrocki said courts exist to enforce the law, not to rescue politicians or legislate from the bench.

Nawrocki said the true purpose is eliminating constitutional protections for an extreme partisan gerrymander.

Nawrocki said Moore called the emergency session while traveling the country to build a national profile.

Nawrocki said if it passes, Republicans and independents could be denied a meaningful voice in Congress.

Nawrocki said the Supreme Court should have removed the measure from the ballot and did not.

FOX45 Baltimore

Maryland Supreme Court keeps redistricting question on ballot, orders clearer language

Mikenzie Frost

Published 3 Sep 2026 accessed 4 Sep 2026

Facts

The State Board had certified the ballot with Question 3 included earlier this week.

Moore said he will campaign vigorously for a YES vote on Question 3.

Opinion

Hershey said the rewrite left fundamental legal issues unanswered while rescuing a flawed legislative process.

WTOP News

Maryland’s top court allows Democratic-backed congressional redistricting measure on November ballot

Associated Press

Published 3 Sep 2026 accessed 4 Sep 2026

Facts

Democrats already hold seven of Maryland's eight U.S. House seats.

The amendment would undo a 2022 ruling that struck down a Democratic plan as extreme partisan gerrymandering.

Fight Back MD strategist Ned Miller said winning in court was only the first step.

Gov. Wes Moore called lawmakers into an August special session to refer the amendment to the November ballot.

A law passed earlier this year set a July 1 deadline for the secretary of state to certify statewide ballot questions.

That could allow districts that cross the Chesapeake Bay and reshape a U.S. House district.

The same law also set a 15-day public comment period.

Republicans had hoped to gain as many as 16 additional U.S. House seats this year.

The Missouri Supreme Court on Thursday blocked new congressional districts from use in November.

Missouri's court ordered a November statewide vote on whether to uphold or reject those maps.

Democrats hope to gain as many as five congressional seats this year from new districts in California and Utah.

In May, Virginia's Supreme Court struck down a redistricting effort that could have helped Democrats win up to four seats.

Virginia's court said the Democratic-led legislature violated procedural requirements when placing an amendment on the ballot.

Opinion

WTOP called the decision a notable victory for Democrats countering a Trump-advanced Republican redistricting movement.