Maryland’s Democratic-controlled Legislature voted Tuesday to place a constitutional amendment on the November ballot that would pave the way for them to eliminate the state’s lone Republican-held congressional district before the 2028 election.
The move came after months of Democratic divisions over whether they should redraw their state’s congressional map in response to GOP redistricting efforts across the country.
Democratic state Senate President Bill Ferguson had long balked at joining the mid-decade redistricting fight, arguing an aggressively redrawn map could backfire in court. He faced pressure from state and national Democratic leaders, including Maryland Gov. Wes Moore and House Minority Leader Hakeem Jeffries, D-N.Y., to take up a new map ahead of this year’s midterms.
But after a major U.S. Supreme ruling this spring that weakened the Voting Rights Act and further opened the floodgates for Republicans, particularly in southern states, to redraw congressional boundaries, Ferguson changed his tune. He agreed to a special legislative session this month to take up a constitutional amendment that helped alleviate his initial legal concerns about the push.
If a majority of voters approve the amendment in November, it would exempt congressional redistricting plans from the state’s constitution. That way, congressional districts would not be required to be “compact in form, and of substantially equal population” and lawmakers wouldn’t be required to give “due regard” to “natural boundaries and the boundaries of political subdivisions.”
Ferguson noted during a Monday committee hearing that in 2022, a state judge tossed a Democratic-drawn map for violating the state constitution, stating that it improperly favored Democrats.
In the committee hearing, Democratic lawmakers celebrated the proposed amendment.
“Across the country, states are considering and passing mid-decade congressional redistricting plans. Maryland cannot remain on the sidelines because of uncertainty in our own constitutional language,” said House Speaker Joseline Peña-Melnyk.
Maryland Republicans blasted the move, accusing Democrats of overreach.
“This is not merely a clarification as asserted by the floor leader, it is a critical policy choice. Our rights of free elections are repealed by this bill. Our rights of equal protection under the laws are repealed by this bill. Our rights of freedom of speech are repealed by this bill,” said state Sen. Chris West, a Republican.
Republicans boosted their midterm prospects through the mid-decade redistricting process, putting themselves in position to gain upwards of 16 seats, compared to six for Democrats.
Democrats were limited in their ability to respond before this year’s elections, given there are fewer states where they have full control of government and that in many of those states, there are constitutional hurdles. And in Virginia, Democratic lawmakers put a redistricting referendum on that ballot earlier this year in hopes of picking up four new seats. Voters approved the amendment, but it was later struck down by the state Supreme Court.
Democrats now have their sights set on gaining ground in the 2028 election. In June, New York lawmakers took the first step toward placing a constitutional amendment on the ballot that would allow them to redraw their congressional districts.
