HB 2100

WES MOORE, Governor  Ch. 881
Chapter 881
  (House Bill 2100)
AN ACT concerning
     Election Districts – General Assembly and Representatives in Congress
FOR the purpose of clarifying that certain requirements apply only to districts for the
     election of members of the Senate of Maryland and the House of Delegates;
     authorizing the General Assembly to grant original jurisdiction to the Supreme
     Court of Maryland to review the congressional districting plan of the State; and
     providing that nothing in the Maryland Constitution provides applicable criteria for
     the boundaries of a congressional districting plan.
BY proposing an amendment to the Maryland Constitution
      Article III – Legislative Department
      Section 4
BY proposing an addition to the Maryland Constitution
      Article III – Legislative Department
      Section 62
  Preamble
       WHEREAS, Congressional districting in Maryland remains subject to the U.S.
Constitution, federal law, and any Maryland statute expressly governing congressional
districts; and
       WHEREAS, In Szeliga v. Lamone and Parrott v. Lamone, the Circuit Court for Anne
Arundel County held that Article III, § 4 districting standards apply to congressional
districts, relying on Articles 7, 24, and 40 of the Declaration of Rights, though no Maryland
constitutional provision expressly addresses congressional districting; and
       WHEREAS, This amendment clarifies the long–standing understanding and case
law that Article III, § 4 of the Maryland Constitution governs only General Assembly
districting plans, not congressional districting plans; and
       WHEREAS, Preserving Maryland’s cohesive communities of interest connected by
shared civic, social, economic, political subdivisions, and other common interests without
unnecessary fragmentation is a legitimate, neutral consideration in congressional
districting; and
       WHEREAS, Nothing in this amendment establishes a demographic target, requires
proportional representation, guarantees any electoral outcome, or authorizes
discrimination prohibited by federal law; and
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 Ch. 881  2026 LAWS OF MARYLAND
       WHEREAS, This amendment is not intended to provide new grounds to challenge
the plan enacted by Chapter 16 of the Acts of 2022; now, therefore,
      SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
(Three–fifths of all the members elected to each of the two Houses concurring), That it be
proposed that the Maryland Constitution read as follows:
  Article III – Legislative Department
4.
    Each legislative district FOR THE ELECTION OF A MEMBER OF THE SENATE AND
MEMBERS OF THE HOUSE OF DELEGATES shall consist of adjoining territory, be compact
in form, and of substantially equal population. Due regard shall be given to natural
boundaries and the boundaries of political subdivisions.
62.
      (A) THE GENERAL ASSEMBLY SHALL HAVE THE POWER TO GRANT
ORIGINAL JURISDICTION TO THE SUPREME COURT OF MARYLAND TO REVIEW THE
CONGRESSIONAL DISTRICTING PLAN OF THE STATE.
      (B) NOTHING IN THIS ARTICLE OR ELSEWHERE IN THIS CONSTITUTION,
INCLUDING THE DECLARATION OF RIGHTS, PROVIDES APPLICABLE CRITERIA FOR
THE BOUNDARIES OF A CONGRESSIONAL DISTRICTING PLAN.
       SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly
determines that the amendment to the Maryland Constitution proposed by Section 1 of this
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland
Constitution concerning local approval of constitutional amendments do not apply.
      SECTION 3. AND BE IT FURTHER ENACTED, That:
      (a)     The amendment to the Maryland Constitution proposed by Section 1 of this
Act shall be submitted to the qualified voters of the State at the next general election to be
held in November 2026 for adoption or rejection in accordance with Article XIV of the
Maryland Constitution.
      (b)    (1)    At that general election, the vote on the proposed amendment to the
Constitution shall be by ballot, and on each ballot there shall be printed the words “For the
Constitutional Amendment” and “Against the Constitutional Amendment”, as now
provided by law.
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  WES MOORE, Governor  Ch. 881
  (2)    At that general election, a question substantially similar to the
following Notwithstanding any other provision of law, at that general election, the following
question shall be submitted to the qualified voters of the State:
  “Question ___ – Constitutional Amendment
       The proposed Constitutional Amendment clarifies that certain standards in the
Maryland Constitution apply only to districts used to elect members of the General
Assembly; authorizes the General Assembly to grant original jurisdiction to the Supreme
Court of Maryland to review the congressional districting plan of the State; and requires
the criteria for boundaries of congressional districts to be determined by applicable federal
laws.”.
      (c)    Immediately after the election, all returns shall be made to the Governor of
the vote for and against the proposed amendment, as directed by Article XIV of the
Maryland Constitution, and further proceedings held in accordance with Article XIV.
Approved by the Governor, assigned a chapter number, enactment subject to
constitutional referendum, August 5, 2026.
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