Democratic leaders in Maryland have introduced legislation to amend the state constitution just days before lawmakers gather for a special session on congressional redistricting.
Senate President Bill Ferguson and House Speaker Joseline Peña-Melnyk unveiled House Bill 2100, which seeks to clarify that constitutional requirements for creating compact legislative districts apply only to districts used to elect members of the Maryland General Assembly.
The proposal would also empower the Supreme Court of Maryland to hear challenges to congressional district maps directly, without the cases first passing through lower courts. In addition, it states that the Maryland Constitution does not set standards for drawing congressional district boundaries.
If approved by at least three-fifths of both legislative chambers, the constitutional amendment will be placed before voters during the November 2026 general election.
Under the proposal, voters would be asked to decide whether to approve an amendment stating:
“The proposed Constitutional Amendment clarifies that certain standards in the Maryland Constitution apply only to districts used to elect members of the General Assembly; authorizes the General Assembly to grant original jurisdiction to the Supreme Court of Maryland to review the congressional districting plan of the State; and requires the criteria for boundaries of congressional districts to be determined by applicable federal laws.”
The measure follows a 2022 court ruling that invalidated Maryland’s congressional map after determining that provisions of the state constitution also applied to congressional districts.
Republican lawmakers strongly criticised both the proposed amendment and the way next week’s special legislative session is being handled.
In a joint statement, Senate Minority Leader Steve Hershey accused the Democratic majority of limiting public involvement in the process.
“It is shocking how little information has been available, not just to the members, but to the general public,” Hershey said.
“It shows how little the Democratic majority values public participation in the legislative process. In any other industry, this would be considered malpractice; but in Annapolis, it is business as usual.”
Republican Delegate Matt Morgan, who chairs the Maryland Freedom Caucus, argued that the proposal was an attempt to sidestep previous court decisions.
“Maryland Democrats were stopped by the Constitution, so now they want to rewrite it. HB 2100 is not a clarification; it is a confession. It is a direct response to court rulings that prevented the majority party from treating congressional districts as nothing more than instruments of partisan power,” Morgan said.
Republicans also objected to the hearing procedures for the August 3–5 special session, noting that oral testimony would be capped at about 50 witnesses, with committee leaders deciding who gets to speak if more people register.
They further criticised the addition of another bill to the session’s agenda after legislative leaders had initially indicated that lawmakers would focus exclusively on congressional redistricting.
