Maryland Constitutional Referendum to Appear on 2026 Ballot

The Supreme Court of Maryland, by a vote of five to two, today issued a per curiam order that Maryland’s 2026 ballot will include, in slightly modified form, a referendum that exempt Congressional districts from the requirement in the Maryland Constitution that legislative districts “consist of adjoining territory, be compact in form, and of substantially equal population,” with “due regard … to natural boundaries and the boundaries of political subdivisions.”

The Court majority rejected a statutory challenge and a challenge under the Maryland Constitution’s single-subject requirement. Although the Court sustained a challenge that the ballot referendum’s language was misleading, it held that the proper remedy was to rewrite the language to mirror the statute promulgating the referendum.

Justice Gould, joined by Senior Justice Harrell, dissented. The Court will later issue an opinion explaining its order.