CASE SUMMARY

On December 23, 2021, a group of Maryland voters and Republican members of the Maryland General Assembly filed a state lawsuit against the Maryland State Board of Elections, its State Administrator, and its Chair challenging the state’s enacted congressional redistricting plan as a pro-Democrat partisan gerrymander that violated the Maryland Constitution and Declaration of Rights. Plaintiffs claimed the plan discriminated against and diluted the voting strength of Republican voters in violation of the Maryland Declaration of Rights’ Free Elections, Equal Protection, and Freedom of Speech Clauses and the Maryland Constitution’s Purity of Elections Clause. They sought a judicial declaration the plan was unconstitutional, an injunction barring its use in future elections, and a court order requiring the defendants to delay or postpone the candidate filing deadlines until the General Assembly enacted a remedial 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. C02CV21001816

Maryland Court of Appeals - No. 65