Maryland Supreme Court allows redistricting question on November ballot with changes to wording

Published September 3, 2026 9:09 PM EDT

ANNAPOLIS, MARYLAND - AUGUST 21: As a Maryland State flag flies in the foreground, the Maryland State House is seen on August 21, 2023 in Annapolis, Maryland. The Maryland State House is the oldest U.S. State Capitol that is still in continuous legis

The Maryland Supreme Court issued a major ruling Thursday, allowing a controversial constitutional amendment on redistricting to stay on the November ballot with some changes to the wording. 

The ruling came as election officials faced a deadline Thursday night to finalize the ballot. 

What we know:

Under the ruling, a yes vote would change the constitution and remove some state-level rules that currently apply to drawing a congressional district. This could potentially make it easier for lawmakers to redraw the map in the future. 

Question 3 was approved by the Democratic-led General Assembly during a special session in August. It would remove some of Maryland's rules on how congressional districts are drawn, giving lawmakers more flexibility if they decide to redraw the map. 

Two lower court judges ordered the question off the ballot, raising concerns about the process and whether the language fairly explained to voters what they were being asked to change. 

The State Supreme Court decision on Thursday reversed those rulings. However, the justices agreed that part of the ballot summary was misleading and must be rewritten. 

If voters approve Question 3 in November, it could clear a legal obstacle to lawmakers redrawing Maryland's congressional map in the future, including a possible effort to target the state's only Republican-held congressional seat. 

The state will have to revise the language for the ballot before voters have the final say. 

Even if the measure passes, it would not automatically draw a new congressional map, as lawmakers would still have to come back and approve one. 

Maryland leaders react 

What they're saying:

Maryland Governor Wes Moore called the ruling a massive victory for state residents and a defense of the democratic process. 

"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 said in a statement. 

"We refuse to sit on our hands while Republicans engage in political redlining that guts decades of progress. Today's decision ensures Maryland will not be caught flat-footed against these national threats," Gov. Moore added. 

The Maryland Freedom Caucus was disappointed with the ruling, saying in a statement, "While the Supreme Court of Maryland affirmed that the Maryland Freedom Caucus and our co-plaintiffs were correct that the ballot question written by Annapolis Democrats was misleading, they corrected the Democrats’ homework instead of striking it completely."

The group of Republican delegates said it is working with its legal team to consider next steps. 

Maryland Senate Minority Leader Steve Hershey also raised concerns about the State Supreme Court ruling, saying, "The court ultimately provided political cover for the General Assembly by allowing this misleading constitutional amendment to remain on the ballot."

The Source: Information in this article is from the Maryland Supreme Court. 

MarylandElectionsNews