08/26/2026
FOR IMMEDIATE RELEASE
Maryland Freedom Caucus: Court Rules HB 2100 Unlawful — Case Now Heads to Maryland's Supreme Court
ANNAPOLIS, MD — One day after oral arguments in Howell v. Maryland State Board of Elections, Judge Robert J. Thompson of the Circuit Court for Anne Arundel County today ruled in favor of the Maryland Freedom Caucus, granting summary judgment and confirming that House Bill 2100 was placed on the ballot unlawfully.
The court ordered the State Board of Elections enjoined from including Question 3 on the November 3, 2026 ballot — but stayed that injunction pending the State's appeal to the Supreme Court of Maryland. That means today's ruling is a decisive win on the law, even as Question 3 remains on the ballot for now while the case proceeds to Maryland's highest court.
"A chamber that holds a supermajority is still a chamber bound by the law," said Delegate Matt Morgan, Chair of the Maryland Freedom Caucus. "Today the court made clear that three-fifths of the vote doesn't buy you an exemption from the rules you wrote yourself. Maryland doesn't answer to kings, and it doesn't answer to a legislature that thinks it's one."
"The Maryland Freedom Caucus is honored to have worked alongside the attorneys from the Oversight Project, who laid out these defects point by point in court," said Delegate Kathy Szeliga, Vice Chair. "A supermajority doesn't put you above the laws you pass, or above the Maryland and U.S. Constitutions."
"Our legal team made the case plainly: the Legislature trampled due process and denied Maryland voters the fair, lawful process they deserve," said Delegate Brian Chisholm. "Keeping the public in the dark and bending the rules when they're inconvenient isn't representative government. Marylanders deserve a government that follows the law and answers to the people — not one that believes it rules over them."
"This was always rules for thee, but not for we," said Delegate Ryan Nawrocki. "Annapolis Democrats wrote the deadlines, expected everyone else to follow them, and then ignored their own law the moment it was inconvenient. Today the court said that doesn't fly."
The case now moves to the Supreme Court of Maryland, where the Caucus, joined by Senate Republican leadership and the Oversight Project, will continue to press the case that HB 2100 was rushed through in violation of Maryland election law.
The Caucus thanks its legal team at the Oversight Project, its grassroots partners, and every Marylander who has stood with us throughout this fight.
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