Maryland legislative leaders limit special session to congressional redistricting

This article was republished with permission from WTOP’s news partners at Maryland Matters. Read the story at Maryland Matters.

The leaders of the House of Delegates and the Senate are setting strict limits on legislation that can be introduced in the upcoming special session.

In a joint letter to delegates and senators Monday, Senate President Bill Ferguson (D-Baltimore City) and House Speaker Joseline Peña-Melnyk (D-Prince George’s and Anne Arundel) made it clear that when they gather next month for a special session on a constitutional amendment on drawing the state’s congressional districts boundaries, no other subjects will be taken up.

Ferguson and Peña-Melnyk said they have “directed the Department of Legislative Services to accept bill drafting requests for the … special session only if they relate to the purpose for which the General Assembly is being reconvened: consideration of legislation concerning redistricting standards.”

The mandate — a departure from past special sessions — effectively blocks House and Senate Republicans, who were planning to request bills be drafted focusing on affordability issues.

“They don’t want us bringing up these issues that are important to average, everyday Marylanders,” said Senate Minority Leader Stephen S. Hershey Jr. (R-Upper Shore). “It feels very targeted toward Republicans and another way they are trying to take our voices away.”

Lawmakers are scheduled to return to Annapolis Aug. 3-5 to take up a bill to amend Maryland Constitution to get around a 2022 decision by Judge Lynne Battaglia. That ruling struck down a 2021 congressional map, citing language in the state constitution that requires districts be compact, contiguous and mindful of jurisdictional and geographic boundaries. Before her ruling, the compact and contiguous language had always been interpreted to only apply to General Assembly districts.

The Battaglia decision was cited as the reason the Senate did not take up midcycle redistricting this year. But if her opinion is removed, lawmakers could more easily redraw that state’s eight congressional districts in a way that makes it easier for a Democrat to be elected in the one Maryland district held by a Republican, Rep. Andy Harris (R-1st).

The House attempted to graft redistricting language onto another bill to amend the state constitution sponsored by Sen. Cheryl Kagan (D-Montgomery) during the 2026 session. Kagan’s original bill would have set new requirements for special elections to fill vacant House and Senate seats during the first two years of the term.

Ferguson, who had blocked a congressional redistricting bill that included a new map, bottled up the amended Kagan bill when it was returned by the House.

Legislative leaders over the summer talked about the possibility of bringing Kagan’s special election bill back in special session, passing it along with the congressional district standards bill. The two congressional amendments could then be presented to voters in November. Delaying Kagan’s bill again until 2027 means voters would not see the amendment before 2028 and, if approved, it would not take effect until 2030. The first special election could not be held before 2032.

“There’s a lot of interest in having us finally pass that during special session, but as you saw, the focus is going to be fairly narrow,” Kagan said in a phone interview from Iowa, where she is attending a national Scrabble tournament — the senator is a nationally ranked player.

“I don’t think it’s dead,” she said. “I think conversations are ongoing.”

Kagan said she understands why the presiding officers might have decided why it was necessary to impose such limits.

“I think the fact that we’re on a deadline and that it’s in the middle of summer vacations might make people a little impatient or even a little bit cranky, and so there’s not a great deal of interest in spending more time in Annapolis debating than is necessary,” she said.

“Every new agenda item could extend our time in session. I think most people are willing to show up and are to willing to debate, willing to vote, but I don’t think they want to do too much more time than is seen as absolutely necessary,” Kagan said.

Another potential concern is how the limited issue mandate affects attempts to clean up a potential problem created by the passage of identical House and Senate bills reforming arbitration for state employees. The proposals, which amend the state constitution, would both appear on the ballot unless lawmakers to find a way to condenses the two questions into one.

“Those bills don’t have anything to do with congressional redistricting,” Hershey said. “I would stand up and oppose it.”

Legislators will also have to consider overriding five vetoes by Gov. Wes Moore (D). Typically, vetoes issued by a governor in the fourth year of a term stand because lawmakers cannot take them up in the next term. But with the legislature returning once more before a new General Assembly is seated, they’ll have the opportunity to override Moore.

In previous special sessions, presiding officers would announce their intent to limit the focus of work done. Lawmakers could request introduce legislation, but those bills typically would be sent to a Rules Committee.

In Monday’s letter, the presiding officers explained their decision “establishes one consistent standard” and keeps the legislature focused on one issue during the short session.

“The Maryland Constitution authorizes each chamber to determine its own proceedings, and State law places DLS [the Department of Legislative Services] under the direction of the presiding officers,” Ferguson’s and Peña-Melnyk’s letter said.

Republicans were expected to file a number of bills focusing on utility costs, a gas tax holiday, lowering the costs of vehicle registration fees and other affordability issues.

“Those are the issues we feel are important to Marylanders, not congressional redistricting,” Hershey said.

Also likely was a Republican sponsored bill seeking to restore $125 million in cuts made to self-directed care for persons with developmental disabilities.

“We recognize that affordability, energy costs, and other issues facing Marylanders remain important, and the Maryland General Assembly took meaningful steps to address many of those concerns during the 2026 session,” the presiding officers wrote, adding lawmakers can “develop and submit legislation on those matters for the 2027 regular session.”

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