Second lawsuit targets MD redistricting amendment, calls ballot language ‘misleading’

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A second lawsuit challenging Maryland’s proposed congressional redistricting constitutional amendment is moving forward in Dorchester County, with Republican State Senator Chris West arguing the measure could have long-term consequences for the state’s congressional representation and that the language voters would see on the ballot is misleading.

The lawsuit comes as a separate legal challenge is already moving through Anne Arundel County Circuit Court. In that case, plaintiffs including members of the Maryland Freedom Caucus and Republican legislative leaders are seeking summary judgment, arguing the General Assembly violated state election law when lawmakers approved the amendment during a two-day special session earlier this month.

West said the Dorchester County lawsuit focuses more on how the proposed amendment is described to voters.

“The most important issue in our suit is that the language that will appear on the ballot, which every voter will look at just before they cast their vote, is totally misleading,” West said during an interview for FOX45 News In Depth with Mikenzie Frost.

West argued the ballot language portrays the amendment as a clarification of existing law when, in his view, it would fundamentally change the rules surrounding congressional redistricting.

“This is not a clarification of the existing law,” West said. “This is the explicit intended disenfranchisement of nearly half the state’s voters.”

The amendment’s supporters dispute that characterization. Senate President Bill Ferguson has said lawmakers took steps to comply with state law and has described the amendment as an effort to clarify the legal standards governing congressional redistricting following a 2022 Maryland court ruling. Ferguson has also argued that Maryland voters should ultimately decide whether the state constitution is amended.

West said the Dorchester County lawsuit was filed there because the county is part of Maryland’s 1st Congressional District, currently represented by Republican Congressman Andy Harris.

“The whole ultimate purpose of the Democrats in Annapolis who passed this on a party-line vote is to eliminate Maryland’s Republican [congressman] from the 1st Congressional District,” he added.

If voters approve the ballot question, West said the changes “will operate forever.”

During the regular legislative session, Gov. Wes Moore pushed for congressional redistricting, and the House of Delegates approved a proposed map that could have given Democrats control of all eight of Maryland’s congressional seats. The proposal did not advance in the Senate.

West said he believes the constitutional amendment would clear the way for another attempt at drawing a new congressional map.

“If this passes in November, the first thing the Democratic majorities in Annapolis will do in January is to come up with a new map,” West said, predicting Democrats would seek a map designed to win all eight congressional districts.

It’s not clear exactly if Democrats intend to take up a new map proposal in 2027 if the ballot measure does pass in November.

For now, the second lawsuit will remain in Dorchester County. West said the Attorney General sought to move the case, but a judge denied the motion to change venue.

“This case is going to be tried in Dorchester County on the Eastern Shore, where it should be tried,” West said.

Both cases are moving quickly with the November election approaching. In the Anne Arundel County case, reply briefs are due Aug. 21 and oral arguments are scheduled for Aug. 25.

West said the timeline is similarly tight in Dorchester County because ballots will soon need to be printed.

“The whole purpose of this lawsuit is to strike this from the ballot so it doesn’t appear on the ballot because of the misleading language,” West said. “This case must be resolved before the ballots get printed.”

Follow Political Reporter Mikenzie Frost on X and Facebook. Send tips to mbfrost@sbgtv.com.