SB 2100

SENATE BILL 2100
      G1, P5  CONSTITUTIONAL AMENDMENT  6lr3741
  CF HB 2100
     By: The President
     Introduced and read first time: August 3, 2026
     Assigned to: Education, Energy, and the Environment
  A BILL ENTITLED
1 AN ACT concerning
2      Election Districts – General Assembly and Representatives in Congress
3 FOR the purpose of clarifying that certain requirements apply only to districts for the
4      election of members of the Senate of Maryland and the House of Delegates;
5      authorizing the General Assembly to grant original jurisdiction to the Supreme
6      Court of Maryland to review the congressional districting plan of the State; and
7      providing that nothing in the Maryland Constitution provides applicable criteria for
8      the boundaries of a congressional districting plan.
9 BY proposing an amendment to the Maryland Constitution
10Article III – Legislative Department
11Section 4
12 BY proposing an addition to the Maryland Constitution
13Article III – Legislative Department
14Section 62
15Preamble
16WHEREAS, Congressional districting in Maryland remains subject to the U.S.
17 Constitution, federal law, and any Maryland statute expressly governing congressional
18 districts; and
19WHEREAS, In Szeliga v. Lamone and Parrott v. Lamone, the Circuit Court for Anne
20 Arundel County held that Article III, § 4 districting standards apply to congressional
21 districts, relying on Articles 7, 24, and 40 of the Declaration of Rights, though no Maryland
22 constitutional provision expressly addresses congressional districting; and
23WHEREAS, This amendment clarifies the long–standing understanding and case
24 law that Article III, § 4 of the Maryland Constitution governs only General Assembly
25 districting plans, not congressional districting plans; and
     EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
  [Brackets] indicate matter deleted from existing law.
  *sb2100*
2SENATE BILL 2100
1WHEREAS, Preserving Maryland’s cohesive communities of interest connected by
2 shared civic, social, economic, political subdivisions, and other common interests without
3 unnecessary fragmentation is a legitimate, neutral consideration in congressional
4 districting; and
5WHEREAS, Nothing in this amendment establishes a demographic target, requires
6 proportional representation, guarantees any electoral outcome, or authorizes
7 discrimination prohibited by federal law; and
8WHEREAS, This amendment is not intended to provide new grounds to challenge
9 the plan enacted by Chapter 16 of the Acts of 2022; now, therefore,
10SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
11 (Three–fifths of all the members elected to each of the two Houses concurring), That it be
12 proposed that the Maryland Constitution read as follows:
13Article III – Legislative Department
14 4.
15Each legislative district FOR THE ELECTION OF A MEMBER OF THE SENATE AND
16 MEMBERS OF THE HOUSE OF DELEGATES shall consist of adjoining territory, be compact
17 in form, and of substantially equal population. Due regard shall be given to natural
18 boundaries and the boundaries of political subdivisions.
19 62.
20(A) THE GENERAL ASSEMBLY SHALL HAVE THE POWER TO GRANT
21 ORIGINAL JURISDICTION TO THE SUPREME COURT OF MARYLAND TO REVIEW THE
22 CONGRESSIONAL DISTRICTING PLAN OF THE STATE.
23(B) NOTHING IN THIS ARTICLE OR ELSEWHERE IN THIS CONSTITUTION,
24 INCLUDING THE DECLARATION OF RIGHTS, PROVIDES APPLICABLE CRITERIA FOR
25 THE BOUNDARIES OF A CONGRESSIONAL DISTRICTING PLAN.
26SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly
27 determines that the amendment to the Maryland Constitution proposed by Section 1 of this
28 Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland
29 Constitution concerning local approval of constitutional amendments do not apply.
30SECTION 3. AND BE IT FURTHER ENACTED, That:
31(a)     The amendment to the Maryland Constitution proposed by Section 1 of this
32 Act shall be submitted to the qualified voters of the State at the next general election to be
  SENATE BILL 2100  3
1 held in November 2026 for adoption or rejection in accordance with Article XIV of the
2 Maryland Constitution.
3(b)    (1)    At that general election, the vote on the proposed amendment to the
4 Constitution shall be by ballot, and on each ballot there shall be printed the words “For the
5 Constitutional Amendment” and “Against the Constitutional Amendment”, as now
6 provided by law.
7(2)    At that general election, a question substantially similar to the
8 following shall be submitted to the qualified voters of the State:
9“Question ___ – Constitutional Amendment
10The proposed Constitutional Amendment clarifies that certain standards in the
11 Maryland Constitution apply only to districts used to elect members of the General
12 Assembly; authorizes the General Assembly to grant original jurisdiction to the Supreme
13 Court of Maryland to review the congressional districting plan of the State; and requires
14 the criteria for boundaries of congressional districts to be determined by applicable federal
15 laws.”.
16(c)    Immediately after the election, all returns shall be made to the Governor of
17 the vote for and against the proposed amendment, as directed by Article XIV of the
18 Maryland Constitution, and further proceedings held in accordance with Article XIV.