Maryland lawmakers will begin a special legislative session Monday to debate a proposed constitutional amendment that would grant state Democrats greater authority to redraw congressional district maps before the 2028 elections. The amendment, if approved by voters, could enable Democrats to secure an additional U.S. House seat in the deep-blue state, where they currently hold seven of eight congressional districts.
The General Assembly’s move follows a shift in strategy by Democratic leadership, including Senate President Bill Ferguson, who previously blocked an earlier redistricting effort ahead of the 2024 midterms. Ferguson cited concerns over potential legal challenges but said his position changed after the U.S. Supreme Court’s late-April decision weakening the Voting Rights Act, which he described as undermining democratic norms. "It felt like the unwinding of any type of democratic norms in the blink of an eye," Ferguson said in an interview.
Key Details of the Proposal
The constitutional amendment would allow lawmakers to redraw congressional districts without the current restrictions imposed by state courts or independent redistricting commissions. Under the plan, new maps could be drawn only after voter approval, which would require a statewide referendum. The amendment must pass the General Assembly with a three-fifths majority before it can go to voters, likely in 2026.
Political Context and Opposition
Maryland’s lone Republican in Congress, Rep. Andy Harris, has criticized the initiative as a ‘blatant power grab’ by Democrats. Harris, who chairs the House Freedom Caucus, represents the 1st District, a largely rural area on the Eastern Shore separated from the rest of the state by the Chesapeake Bay. In 2021, lawmakers attempted to redraw Harris’ district to make it more competitive for Democrats, but a judge struck down the maps.
The proposal comes amid a national debate over redistricting, with both parties seeking partisan advantages ahead of future elections. Democrats argue the amendment would modernize the process by removing outdated constraints, while Republicans contend it erodes fairness and undermines minority voting rights protections weakened by the Supreme Court’s recent rulings.
Legal and Procedural Hurdles
Even if the amendment passes the legislature, it faces multiple challenges:
- Voter approval: The amendment must win a majority in a statewide referendum, which is not guaranteed.
- Judicial review: Any new district maps drawn under the amendment could face legal challenges similar to those in 2021.
- Timing: The earliest new maps could take effect is 2028, meaning the current eight-district map will remain in place for the 2026 elections.
Background: Maryland’s Redistricting History
Maryland has a long history of partisan redistricting, with Democrats controlling the process since the 1990s. The state’s congressional delegation has remained heavily skewed toward Democrats, with Republicans holding only the 1st District. The 2021 redistricting effort, which aimed to flip Harris’ seat, was blocked by a judge who ruled the maps violated state constitutional requirements for compactness and contiguity.
The current push for a constitutional amendment reflects a strategic pivot by Democrats, who now argue that federal protections for minority voters have eroded, leaving state-level reforms as the only viable path to maintain electoral influence. Republicans counter that the move exacerbates political polarization and could set a precedent for other states to further entrench one-party control.