GOP lawmakers sue to block Maryland redistricting amendment from November ballot

MARYLAND - A group of Republican state lawmakers and other Maryland voters is asking a judge to block a newly approved congressional redistricting amendment from appearing on the November ballot, arguing state officials missed required election deadlines.

The complaint was filed Thursday in Anne Arundel County Circuit Court against the Maryland State Board of Elections, Gov. Wes Moore and other state officials.

What the lawsuit challenges

The lawsuit targets House Bill 2100, which the Maryland General Assembly passed Aug. 4 and Moore approved Aug. 5.

The constitutional amendment would clarify that provisions of Maryland’s Constitution governing legislative district boundaries do not also establish criteria for congressional districts. If approved by voters, it would also allow the General Assembly to give the Supreme Court of Maryland original jurisdiction over congressional redistricting disputes.

The measure is intended to go before voters in the Nov. 3 general election.

The plaintiffs argue that placing it on this year’s ballot violates several state election requirements. Those claims have not yet been decided by a court.

Why plaintiffs say the amendment should be blocked

A central argument in the complaint involves a July 1 deadline for statewide ballot questions.

The lawsuit says Maryland law requires the secretary of state to prepare and certify statewide ballot-question information to the State Board of Elections by July 1 before a general election.

Because HB 2100 was not passed until Aug. 4, the plaintiffs argue there was no amendment available to legally certify by that deadline.

The complaint also cites a separate requirement that information about constitutional amendments be submitted for notice by the first Monday in August. The plaintiffs argue lawmakers also missed that deadline.

Dispute over language added to the bill

The lawsuit also challenges language added to HB 2100 stating that the ballot question should be submitted to voters "notwithstanding any other provision of law."

Plaintiffs argue lawmakers improperly used that provision to bypass existing ballot deadlines and notice requirements.

They also contend the language raises constitutional issues involving Maryland’s single-subject requirement and the process used to pass laws.

Those arguments represent the plaintiffs’ legal position and have not been accepted by the court.

What the plaintiffs want

The lawsuit asks the court to declare that placing the amendment on the November ballot would violate Maryland election law.

It also seeks preliminary and permanent injunctions preventing state officials from certifying, printing, distributing, tabulating or canvassing votes on the amendment.

If ballots have already been printed or votes have already been cast by the time a judge rules, the plaintiffs are asking the court to prevent the results of the redistricting question from being certified.

The plaintiffs also requested expedited consideration because of the approaching election.

What Maryland officials say about the amendment

Moore signed HB 2100 on Wednesday after lawmakers approved it during a special session. His administration says the amendment would give Maryland voters the final say over how the state constitution applies to congressional redistricting.

The official legislation says that, if voters approve it, congressional district boundaries would be governed by applicable federal law rather than the state constitutional standards that apply to Maryland legislative districts.

The lawsuit does not itself remove the question from the ballot. A judge would have to grant the plaintiffs’ requested relief.

Maryland