CAMBRIDGE, Md. - Another Maryland judge has ruled against a proposed constitutional amendment concerning congressional redistricting, saying a referendum on the measure cannot appear on Maryland's November ballot.
The ruling out of Dorchester County comes just days after an Anne Arundel County judge also blocked Question 3 from the November ballot. Dorchester County Circuit Court Judge Sarbanes issued a ruling on Friday, Aug. 28, finding the ballot language misleading and the process used to advance the measure violated state law.
Earlier this month, Gov. Wes Moore called lawmakers into a special session for the purpose of addressing congressional redistricting. HB 2100 passed both chambers Aug. 4 and was signed by Moore the following day.
The proposed amendment would change how provisions of the Maryland Constitution apply to congressional districts and allow the General Assembly to grant the Supreme Court of Maryland original jurisdiction over congressional redistricting plans. The amendment would effectively put Republican Congressman Andy Harris’ seat up for referendum.
A group of plaintiffs sued to stop Question 3 from appearing on the ballot. On Friday the Dorchester County court sided with them on three separate arguments.
The judge found the ballot language did not adequately explain the amendment's practical effect to voters, specifically taking issue with the terms "clarifies" and "certain standards." The court concluded the wording was misleading and did not provide voters enough information to make an informed decision.
The court also found lawmakers failed to follow Maryland election law requirements for putting a constitutional amendment before voters, including deadlines and a required public comment period.
Finally, the judge found Question 3 violated Maryland's single-subject requirement because it combined multiple changes that voters could reasonably have differing opinions on but would be required to approve or reject together.
The court granted the plaintiffs' motion for summary judgment and ordered the Maryland State Board of Elections not to include Question 3 on the Nov. 3 ballot.
However, the judge stayed that injunction pending an appeal to the Supreme Court of Maryland, meaning the ruling does not yet settle whether Question 3 will ultimately appear before voters.
WBOC will continue following the case as it moves through the appeals process.
