ANNAPOLIS, Md. (WBFF) — Maryland Senate Republicans say a lawsuit is expected to be filed as early as Wednesday challenging the constitutional amendment approved by the General Assembly during Tuesday’s special legislative session.
The Democratic-controlled General Assembly voted Tuesday to place a constitutional amendment before voters this November that would change the rules governing how future congressional district maps are drawn. The amendment would still need voter approval in November before taking effect.
Republican leaders, who opposed the measure, say they have been working with outside groups to prepare legal action aimed at preventing the amendment from appearing on the ballot.
“I am very confident that a suit will be brought out tomorrow,” Senate Minority Leader Steve Hershey told reporters after the vote Tuesday. “We’re going to try to get this into the court as soon as we possibly can.”
According to Hershey, the legal challenge is expected to be filed in state court.
Lawmakers had to pass the proposal before Wednesday, which is the deadline to be added to ballots in Maryland and still meet a certification deadline. Ballots are set to be printed Sept. 3, 2026
“If there’s anything that can prevent that from happening,” Hershey said, “then what would happen is exactly what we said: this did not need to be done this year.”
Senate President Bill Ferguson, a Democrat from Baltimore City, defended both the legislation and the process used to pass it, saying lawmakers accomplished what they set out to do during the special session.
“I think it was an efficient session,” Ferguson said. “We got done what we said we were going to get done, giving Marylanders a voice in this very challenging debate about the future of redistricting.”
He rejected Republican claims that the amendment strips away legal remedies for future redistricting disputes.
“What it does is keep existing law whole in that it says the U.S. Constitution and federal laws are what apply to congressional maps,” Ferguson said. “This is clarifying what the law had been… It is an important standard that whether it’s in the near term or the long term, that we have clarity as to what the rules of the road are for redistricting.”
Democratic leaders have argued the constitutional amendment is not about immediately redrawing Maryland’s congressional districts, but instead, clarifying the legal standard that would govern future maps after a 2022 state court ruling and following the U.S. Supreme Court ruling regarding the Voting Rights Act.
While Republicans have not yet filed the lawsuit, Senate Minority Whip Justin Ready said the challenge is expected to focus on multiple legal questions surrounding the process lawmakers used to advance the amendment.
“I think it’s a combination of things,” Ready said. “There could be multiple factors at play.”
One of those arguments centers on Senate Bill 29, a bipartisan measure signed into law earlier this year that established new deadlines for constitutional amendments to appear on the statewide ballot.
Ready argued Democratic lawmakers effectively exempted themselves from the very law they had unanimously approved.
“We just passed a new law specifically about constitutional amendments that had a deadline that we violated,” Ready said. “They even admitted, ‘We didn’t get it in time.'”
“They’re literally saying, ‘Never mind. We like the law, but not for this,'” he added. “I think there’s a lot of questions there.”
Republican leaders contend the courts should now determine whether the amendment was advanced legally.
“Maybe the courts really need to decide if the process was done correctly in getting this through,” Hershey said.
Ferguson disputed those allegations, saying legislative leaders took every step necessary to comply with state law.
“I think we did everything we could to prepare, to make sure that we followed every—dotted every I, crossed every T,” Ferguson said. “I think that we took every measure and made the appropriate accommodations to follow the law to make sure that this was on the ballot appropriately.”
Hershey also criticized Democratic leaders for waiting until what he described as “the last possible day” to approve the amendment.
“That’s not well thought out,” Hershey said. “I think that shows that this was just highly politically motivated. This was not about Marylanders. It was about satisfying a political agenda.”
Beyond the courtroom, Republicans say they are preparing a statewide campaign urging Maryland voters to reject the amendment in November if it remains on the ballot.
Hershey said he expects the Maryland Republican Party to lead that effort and is already seeking financial support.
He acknowledged, however, that convincing voters to reject a ballot question may prove challenging.
“When people vote, they tend to vote yes on ballot questions,” Hershey said. “We’ve got to be able to educate them and to vote no.”
As of Tuesday evening, no lawsuit had been filed.
Follow Political Reporter Mikenzie Frost on X and Facebook. Send tips to mbfrost@sbgtv.com.
Local Story
