Maryland appeal could decide if Question 3 reaches November ballot

Maryland’s highest court is being asked to decide whether voters will see a proposed congressional redistricting amendment on the November 3, 2026, ballot after two circuit-court judges blocked it this week.

The state has appealed both rulings. The Supreme Court of Maryland is expected to hear arguments Thursday, September 3, according to The Baltimore Banner. The appeal is moving on a compressed schedule as election officials prepare to finalize, print and begin mailing ballots in September.

Two judges have blocked Question 3

On August 28, Dorchester County Circuit Court Judge S. James Sarbanes ruled that Question 3 should not go before voters. His decision followed an August 26 ruling by Anne Arundel County Circuit Court Judge Robert Thompson.

Thompson’s ruling is stayed while the appeal proceeds. The state has appealed both decisions and argues that the General Assembly acted within its constitutional authority and that Maryland voters should decide the issue.

The cases raise three main procedural objections: whether lawmakers missed a July 1 deadline for certifying statewide ballot-question summaries, whether the proposed wording gives voters a misleading description, and whether the amendment improperly combines separate constitutional subjects.

The plaintiffs argue that the proposal addresses both the standards used to draw congressional districts and the handling of lawsuits challenging a congressional plan. Sarbanes agreed with those arguments in the Dorchester County case.

What Question 3 would change

Question 3 would clarify that requirements involving compactness, natural boundaries, and city and county lines apply to Maryland legislative districts but not congressional districts. The measure would also authorize the General Assembly to grant original jurisdiction to the Supreme Court of Maryland to review challenges to a congressional districting plan.

The Maryland General Assembly‘s record shows that lawmakers passed HB 2100, Gov. Wes Moore approved it on August 5, 2026, and it was designated Chapter 881. The same record identifies the measure as subject to a constitutional referendum, meaning it remains a proposed amendment rather than enacted constitutional law.

If it is placed on the ballot and approved, the amendment would change the rules for drawing a future congressional map. It would not itself redraw Maryland’s districts and would not directly change the 2026 midterm ballot, candidates or election results.

Why the timing matters

Maryland Democrats control seven of the state’s eight U.S. House seats. The only Republican-held seat belongs to Rep. Andy Harris. Supporters of the amendment say it would remove uncertainty created by existing constitutional language; opponents say it would give lawmakers greater freedom to draw a partisan map.

That political dispute is part of the legal context, but passage of the amendment would not guarantee that Harris loses his district or that any particular map is adopted. Any redistricting would be a later decision subject to additional legal and political challenges.

For Maryland voters, the immediate question is narrower: whether Question 3 will appear on their ballots. The Supreme Court of Maryland’s expedited review is the next decisive step, with election officials facing a September production and mailing timetable.

Sources

• Associated Press: Maryland court rules redistricting measure cannot go on November ballot
• The Baltimore Banner: Maryland redistricting ballot question blocked by second judge
• Maryland General Assembly: HB 2100 / Chapter 881