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EXCLUSIVE: A new lawsuit set to be filed in Maryland seeks to block a redistricting amendment backed by Democrat Gov. Wes Moore from appearing on the November ballot, arguing state officials advanced the measure after the state’s own legislative analysts concluded the statutory deadline for certifying ballot questions had already passed.
The complaint, filed Thursday night in Anne Arundel County Circuit Court by the conservative watchdog group Oversight Project and reviewed by Fox News Digital, argues HB 2100 could not lawfully reach voters because Maryland’s July 1 deadline for certifying statewide ballot questions expired more than a month before lawmakers convened a special session to approve the proposal.
The Oversight Project, which filed the lawsuit with Republican lawmakers, argues approval of the amendment could pave the way for an 8-0 Democratic congressional delegation.
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HB 2100 would ask voters to amend the Maryland Constitution so state constitutional standards governing compactness and boundaries would no longer apply to congressional districts.
The Oversight Project describes itself as working “to expose and root out corruption in government, among elected officials, and in our most influential organizations to ensure power resides with the American People.”
Its filing points to a Department of Legislative Services fiscal note stating that “the new statutory deadline of July 1 for certification of ballot questions” had already passed. The fiscal note also states that election officials were required to publicly post the full text of a proposed constitutional amendment at least 90 days before Election Day.
According to the complaint, lawmakers then added the phrase “notwithstanding any other provision of law” to HB 2100 less than an hour before the joint committee hearing began. The plaintiffs argue the language was intended to override Maryland’s certification, notice and public comment requirements after those deadlines had already elapsed.
The complaint further alleges Democratic sponsors characterized the amendment as merely “technical” in the House, while Senate debate reflected that lawmakers understood the statutory timeline could no longer be met.
The filing cites remarks by Democratic state Sen. Cheryl Kagan during floor debate.
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“There is no time to comply with the plain language of the law with our new law because July 1st is in the rearview mirror,” Kagan said, according to the complaint. “There’s no time to have the Secretary of State draft language, to have it published, to have a comment period, to have it modified. It’s just not an option.”
Maryland GOP Delegate Matt Morgan, one of the plaintiffs, told Fox News Digital the disputed language was introduced at 11:08 a.m. for a noon committee hearing.
“They have the law. They’re supposed to follow it. They didn’t,” Morgan said. “And now we’re going to take it to court and see what the judges have to say about it.”
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Morgan said Democratic leadership later described the amendment as “technical” on the House floor.
“The truth is that that was their way of trying to get around them missing all these statutory deadlines,” he said.
Republican Delegate Kathy Szeliga, another plaintiff, said legislators had only hours to review the revised language while the public had no opportunity to comment.
“The public got absolutely no time to look and weigh in on the amended language,” Szeliga told Fox News Digital. “So, it just reeks of a naked political, partisan power grab on the Democrats’ behalf.”
According to the complaint, the proposal is intended to overturn the practical effect of a 2022 state court ruling holding that those constitutional standards applied to congressional redistricting. Democrats hold seven of Maryland’s eight U.S. House seats.
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Moore has publicly defended the amendment as a response to Republican-led redistricting efforts in other states, saying it would ensure “Marylanders — and no one else — have the final say over their representation.”
The lawsuit asks the court to bar state officials from certifying, printing, distributing, tabulating or canvassing votes on the amendment and requests expedited review because of the approaching election calendar.
Moore’s office, the Maryland Attorney General’s Office and the Maryland State Board of Elections did not immediately respond to Fox News Digital’s request for comment.
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