BALTIMORE (WBFF) — With the help of an outside organization, Maryland Republican lawmakers are seeking to block a proposed constitutional amendment on congressional redistricting from appearing on the November ballot, arguing Democratic leaders violated state election law by rushing the measure through a special legislative session.
The lawsuit, filed Thursday by conservative Oversight Group in Anne Arundel County Circuit Court, names the Maryland State Board of Elections, Secretary of State Susan Lee, Attorney General Anthony Brown and Governor Wes Moore as defendants. Among the plaintiffs are members of the Maryland Freedom Caucus, including Ryan Nawrocki, Lauren Arikan, Mark Fisher, Brian Chisholm, Robin Grammer and Kathy Szeliga; Senate Minority Leader Steve Hershey and Senate Minority Whip Justin Ready are also involved.
The complaint asks the court to declare the amendment was improperly placed on the ballot and to issue an injunction preventing election officials from certifying, printing or counting votes on the measure in November.
The lawsuit focuses less on the proposed constitutional amendment itself and more on how it reached the ballot.
Plaintiffs argue the General Assembly ignored newly implemented election law, Senate Bill 29, that lawmakers unanimously approved earlier this year establishing new deadlines for statewide ballot questions. The law requires the Secretary of State to certify ballot language by July 1 before a general election and provide a 15-day public comment period. The redistricting amendment, however, wasn’t passed until the August special session.
According to the complaint, the legislature attempted to work around those missed deadlines by inserting a “notwithstanding any other provision of law” clause into House Bill 2100, allowing the amendment to proceed despite the statutory requirements. Plaintiffs argue that provision is unconstitutional and was added without meaningful public notice.
Del. Matt Morgan, chair of the Freedom Caucus, said the group believes the General Assembly abused the constitutional amendment process.
“Annapolis Democrats spent taxpayer dollars on a special session for one reason: to rewrite the Maryland Constitution and eliminate the last remaining Republican congressional seat,” Morgan said.
During an interview on FOX45 News In Depth, Sen. Hershey said that process is the heart of Republicans’ challenge.
“Maryland General Assembly was not following its own law that we all agreed to,” Hershey said. “They tried to eliminate that completely by putting some ‘notwithstanding’ language in there… saying we don’t have to actually follow the law that we just passed.”
The lawsuit also argues the proposed ballot language fails to meet Maryland law because it does not adequately explain the practical effect of a “yes” or “no” vote and could mislead voters. The claim argues the amendment doesn’t include the impact of the “notwithstanding” clause that overrides existing election law.
Hershey echoed that concern during his FOX45 interview, rejecting Senate President Bill Ferguson’s claim that the language is clear.
“We’ve spent the last 32 hours in Annapolis talking about districts for General Assembly members? Of course not. That’s not why we were there. So, it is intentionally confusing.”
Democratic leaders have defended both the amendment and the special session.
During an interview on FOX45 News In Depth Thursday, before the lawsuit was officially filed, Senate President Bill Ferguson said the proposed constitutional amendment seeks to clarify redistricting rules following a judge’s ruling in 2022 that dealt with regulations for congressional map making.
“This is giving Marylanders a voice in what is an incredibly important conversation about the future of democracy,” Ferguson said.
He also dismissed Republican criticism of the ballot language.
“I think it’s incredibly clear,” Ferguson said. “I think this was a bit of a red herring.”
Ferguson also argued that the amendment is necessary because of recent legal developments surrounding congressional redistricting nationwide and said Maryland needs to be prepared if future redistricting battles emerge.
Del. Kathy Szeliga, who was one of the plaintiffs in the successful 2022 lawsuit that struck down Maryland’s congressional map, said Republicans believe the legislature improperly changed the rules governing constitutional amendments.
“Four years ago, I was the lead plaintiff when Judge Lynne Battaglia struck down the Democrats’ extreme partisan gerrymander,” Szeliga said. “Today, the Maryland Freedom Caucus is once again leading the fight to stop them from changing the rules midstream. The process matters.
The GOP lawmakers are asking the court to fast-track the case due to the November election timeline and are requesting an expedited hearing before a three-judge panel.
If the court agrees with Republicans, the amendment could be removed from the November ballot. By contrast, if the lawsuit is unsuccessful, Maryland voters will decide whether to approve the constitutional amendment while campaigns both supporting and opposing the measure continue statewide.
Attorney Michael Howell from The Oversight Project is representing the lawmakers. The organization describes itself as a group working “to expose and root out corruption in government, among elected officials, and in our most influential organizations.”
Follow Political Reporter Mikenzie Frost on X and Facebook. Send tips to mbfrost@sbgtv.com.
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