The Maryland State Board of Elections voted Tuesday afternoon to appeal an Anne Arundel County judge’s ruling to nullify a Baltimore ballot question needed for the redevelopment of Harborplace.

Maryland Elections Administrator Jared DeMarinis posted on X that the five-person board voted unanimously to appeal Anne Arundel County Judge Cathleen Vitale’s Monday ruling that the proposal, which would amend the city’s charter to allow for residential development and off-street parking along the Inner Harbor, was not appropriate for a charter amendment. She also found the language of the city ballot question, known as Question F, indiscernible for the average Baltimore resident.

The Baltimore City Council voted nearly unanimously to place the question, known as Question F, in March.

The appeal will be heard before Maryland’s Supreme Court. If it upholds Vitale’s ruling, the Baltimore City Council would have to wait two years before it could try to place the question on the ballot again.

The Maryland State Board of Elections has already begun printing ballots, which include the question in Baltimore, known as Question F. Mail-in ballots are due to be sent to voters by Monday. DeMarinis said they will start to be sent out Friday.

Mail-in ballots can be requested through the State Board of Elections website.

The challenge to the question was brought by former Baltimore City mayoral candidate Thiru Vignarajah on behalf of 20 city residents, who argued that the question is confusing and misleading. Vignarajah also asserted that the question was not admissible as an amendment to the charter.

Charter amendments must adjust the form and function of city government.

Vignarajah told The Baltimore Sun on Monday that he is “cautiously optimistic” about the ruling being held up on appeal.

“It’s a pretty common sense ruling,” he said. “You’ve got a ballot petition that makes no sense, that seems to do what legislatures are supposed to do, and you’ve got a timely, forceful challenge by citizens of Baltimore that did anything but bury their head in the sand.”

If Vitale’s ruling is overturned, Question F’s passage would allow developer MCB Real Estate to move forward with its ambitious plan to replace the shopping and dining pavilions at the Inner Harbor. Baltimore native P. David Bramble is leading the initiative, which would build four taller, mixed-use buildings, including a conjoined tower stretching 32 stories. It would include 900 apartments, on-site offices, a park, a two-tier promenade and realigned roadways.