Judge Blocks Constitutional Redistricting Question from MD Ballot; Case Heads to Maryland Supreme Court
MARYLAND – A judge in the Circuit Court for Anne Arundel County has ruled House Bill 2100 (HB 2100) was placed on this fall’s ballot unlawfully.
On Wednesday, the court ordered the State Board of Elections enjoined from including Question 3 on the Nov. 3 general election ballot — but stayed that injunction pending the State’s immediate appeal to the Supreme Court of Maryland. Judge Robert J. Thompson ruled that the General Assembly did not follow the proper legislative processes used to put a constitutional amendment on the upcoming ballots, and as such says the effort is “legally deficient”.
HB 2100 was signed by Governor Wes Moore on Aug. 5, sending a proposed constitutional amendment to the ballot that, if adopted by voters, would permit the state to conduct mid-decade redistricting. Many have criticized the effort due to concerns that a new map would disproportionately impact voting power on the Eastern Shore.
Judge Thompson further pushed back on HB 2100, calling the framing of the ballot question misleading and in need of clarification. Further, he stated that while the state constitution does not impose a period of exclusion on the legislature’s ability to propose constitutional amendments, the question was put on the ballot in a manner that did not give enough notice to Maryland voters.
“The General Assembly of Maryland, working within the confines of the Maryland Constitution, has enacted certain laws which cover the means, mode, and method of proposing ballot referenda for the purposes of amending the very Constitution under which it operates,” Judge Thompson wrote, in part. “With this understanding, the legislature itself must follow the means and methods those laws describe when it chooses to refer ballot question to a vote by the citizens at general election.”
“A chamber that holds a supermajority is still a chamber bound by the law,” said Delegate Matt Morgan (R-District 29), Chair of the Maryland Freedom Caucus, a group leading the charge in one of two lawsuits filed to stop the ballot measure. “Today the court made clear that three-fifths of the vote doesn’t buy you an exemption from the rules you wrote yourself.”
Some Maryland delegates celebrated Wednesday’s decision, with Delegate Brian Chisholm (R-District 31) saying it was a reversal of the Legislature’s “[trampling of] due process.” Senate Republican leadership filed the second lawsuit challenging HB 2100 and contesting its legality.
“Keeping the public in the dark and bending the rules when they’re inconvenient isn’t representative government,” Del. Chisholm said. “Marylanders deserve a government that follows the law and answers to the people — not one that believes it rules over them.”
Other leaders felt differently about the court decision, with Maryland House Speaker Joseline Peña-Melnyk saying the following:
“The General Assembly acted because we believe Maryland voters should have the opportunity to decide whether these standards belong in our Constitution. Today’s ruling has been stayed pending appeal, and we will allow that legal process to proceed. We remain confident in the authority of the General Assembly and believe Maryland voters should have the final say.”
To read Judge Thompson’s opinion in full, click here.
WMDT will continue to update this story as details are made available.
