Maryland Supreme Court keeps redistricting question on ballot, orders clearer language

ANNAPOLIS, Md. (WBFF) — Maryland’s highest court ruled Thursday that Question 3 can remain on the November ballot but ordered its language rewritten after finding part of the General Assembly’s wording misleading and a violation of voters’ due process rights.

Hours after a hearing, the Supreme Court of Maryland issued its order hours after hearing arguments in two lawsuits challenging the proposed constitutional amendment involving congressional redistricting.

The decision partially reverses rulings from circuit court judges in Anne Arundel and Dorchester Counties who had ordered Question 3 removed from the ballot.

The Supreme Court rejected two major arguments raised by the challengers. First, the justices found the lower courts made a mistake by blocking Question 3 because state officials could not fully comply with the election law requirements and deadlines. The court also rejected findings that Question 3 violated Maryland’s constitutional requirement that an amendment contains a single subject.

But challengers succeed on the issue of what voters will see on the ballot. The Supreme Court agreed the ballot language was misleading “at least in part” and therefore, violated due process.

Specifically, the justices took issue with language saying the amendment “requires the criteria for boundaries of congressional districts to be determined by applicable federal laws.”

The court found that clause was “misleading,” was not included in the purpose paragraph lawmakers adopted for the legislation and “violates due process rights.”

Rather than remove Question 3 entirely, however, the majority chose a third option that justices explored during Thursday’s oral arguments: changing the language voters will see.

The court said an appropriate remedy that respects the General Assembly’s constitutional authority is to replace the existing ballot question with the purpose paragraph lawmakers included in the legislation.

Under the court’s order, Question 3 will instead tell voters the amendment would clarify that certain requirements apply only to Maryland Senate and House of Delegates districts; authorize the General Assembly to grant the Supreme Court original jurisdiction over congressional redistricting plans; and provide that “nothing in the Maryland Constitution provides applicable criteria for the boundaries of a congressional districting plan.”

The court ordered both circuit courts to enter new orders consistent with its decision no later than Friday, Sept. 4. The State Board of Elections will then be required to replace the existing Question 3 language.

The ruling came as election officials faced an immediate deadline to begin the ballot-printing process. The State Board had certified the ballot with Question 3 included earlier this week.

The high-profile, controversial case was not decided by a unanimous ruling.

Justice Steven Gould dissented, joined by Senior Justice Glenn Harrell, arguing the lower-court decisions should have been upheld.

Gould questioned whether the Supreme Court has authority to rewrite ballot language and sharply criticized the majority for fixing language it had determined was misleading.

“The General Assembly claimed the prerogative to draft the question; it should bear the consequences of drafting a misleading one,” Gould wrote. “It’s not our job to rewrite the question for the General Assembly.”

This story will be updated.

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