CASE SUMMARY

On December 21, 2021, a group of Maryland voters filed a state lawsuit against the State Administrator and Chair of the Maryland State Board of Elections challenging the state’s enacted congressional redistricting plan as a pro-Democrat and anti-Republican partisan gerrymander that violated the Maryland Constitution and Declaration of Rights. Plaintiffs alleged the General Assembly drew incredibly noncompact districts and ignored political and geographic boundaries for partisan advantage, thereby diluting Republican voters’ voting strength in violation of the Maryland Declaration of Rights’ Free Elections Clause. They also claimed the plan violated the Maryland Constitution’s redistricting criteria for legislative plans, arguing those criteria were intended to apply to both congressional and legislative districts. They sought a declaratory judgment the plan was unconstitutional, a temporary and permanent injunction barring the plan from future use, and an order directing the state to adopt a constitutional plan in time for the 2022 elections or, if they failed, implementing the Maryland Citizen Redistricting Commission’s recommended plan.

  • The Anne Arundel County Circuit Court held a 4-day consolidated trial for this case and another challenge to the state’s congressional plan from March 15 to March 18, 2022.
  • On March 25, 2022, the Anne Arundel County Circuit Court struck down the congressional plan as an unconstitutional partisan gerrymander. The court held the state constitution’s legislative redistricting criteria provided a standard for evaluating the constitutionality of a congressional redistricting plan, and those criteria were violated in favor of “extreme” partisan considerations. It also held the plan discriminated against voters and candidates based on their political affiliations in violation of the Maryland Declaration of Rights’ Free Elections, Equal Protection, and Free Speech provisions. The court ordered the state to enact a remedial plan by March 30, 2022.
  • The General Assembly passed a new congressional plan and submitted it to the court on March 30, but the circuit court declined to approve the plan on the grounds the Governor had not yet signed it into law and citing the defendants’ pending appeal to the Maryland Court of Special Appeals.
  • On April 1, the Maryland Court of Appeals assumed jurisdiction over the appeal from the Court of Special Appeals.
  • On April 4, 2022, the parties voluntarily dismissed the case after the Governor agreed to sign the remedial plan into law.

CASE LIBRARY

Maryland Circuit Court, Anne Arundel County - No. C02CV21001773

Maryland Court of Appeals - No. 65