Maryland lawmakers set an Aug. 3-5 special session on congressional redistricting

The Maryland General Assembly will return to Annapolis from Aug. 3 to Aug. 5 for a special session on congressional redistricting, Senate President Bill Ferguson and House Speaker Joseline Peña-Melnyk announced Tuesday in a joint statement.

Lawmakers are not expected to draw new congressional maps at the session. Instead, they will consider legislation to put a constitutional amendment before voters this fall that would set new rules for how the state's districts can be drawn. The Associated Press reported the amendment would go to voters at the Nov. 3 general election and would need a three-fifths vote in both chambers to reach the ballot. If voters approve it, lawmakers could redraw congressional boundaries in time for the 2028 elections.

The amendment targets a 2022 state court ruling. Judge Lynne A. Battaglia struck down a Maryland congressional map that year, finding that congressional districts had to be compact, contiguous, and mindful of jurisdictional and natural boundaries, a standard that had previously applied only to state legislative districts. The decision produced the current map, under which Democrats hold seven of the state's eight U.S. House seats. Rep. Andy Harris is the only Republican in the delegation.

What the leaders said

"After recent court decisions weakened the federal Voting Rights Act and created new uncertainty around congressional redistricting, Maryland needs a clear legal path forward," Ferguson said in the statement. "This special session will allow the General Assembly to do its part while ensuring that Maryland voters make the final decision."

Peña-Melnyk framed the session as a response to shifting law. "Maryland needs a durable, transparent constitutional framework for congressional redistricting that reflects the evolving legal landscape," she said. "This special session gives the General Assembly the opportunity to respond thoughtfully to recent court decisions while ensuring that Maryland voters have the final say on any proposed constitutional changes."

Gov. Wes Moore, who had pushed for a Maryland response to redistricting in Republican-led states, said in a statement that he appreciated "the General Assembly's continued conversations and the agreement to come back to finish the work." Moore had said in May he wanted any special session to include new maps. Asked Tuesday in Glen Burnie whether he still hoped for a new map, he said he wanted "to make sure that we're going to see progress."

A reversal for Ferguson

The session marks a partial reversal for Ferguson, who had opposed midcycle redistricting and blocked a redistricting bill the House passed in February. He said in May that a U.S. Supreme Court ruling on the Voting Rights Act, and events in Indiana where Republican state senators who had blocked redistricting were pushed out, warranted another look at the issue in Maryland.

Sen. Clarence Lam, an early supporter of midcycle redistricting, called the session "an important first step." Lam said he still viewed the Battaglia ruling as "a judicial overreach" but described the amendment as "necessary to protect our ability to redraw congressional boundaries" without courts overturning future maps.

Republican response

Republican leaders opposed the session. Senate Minority Leader Stephen S. Hershey Jr. said Moore was "dragging lawmakers back to Annapolis in the middle of summer to rewrite the state constitution and silence the last dissenting voice in Maryland's congressional delegation."

Senate Minority Whip Justin Ready said the amendment was "designed to erase that voice and hand national Democrats another seat in the U.S. House." House Minority Leader Jason C. Buckel said the majority was calling the session "not to help Marylanders, but to play another round of national political games," and pointed to energy bills, taxes, and fees. Republicans have said they will propose a 30-day gas tax holiday and an end to automatic gas tax increases tied to inflation, though Democratic leaders are expected to limit the session to redistricting.

Registered Democrats outnumber registered Republicans in Maryland by roughly two to one and make up a little more than half of all voters, according to Maryland Matters.