Colorado

Congressional

Primary Authority: Congressional plans are drawn and adopted by Colorado's Independent Congressional Redistricting Commission, a 12-member body of citizen-applicants.

• Members: Commissioners are selected by a panel of three retired Colorado appellate judges, each with different political party affiliations who are appointed by the chief justice of the Colorado Supreme Court. The appellate judge panel requires a unanimous vote to act. Colorado voters’ applications to serve on the commission are reviewed by non-partisan staff to confirm eligibility then the appellate judge panel randomly selects 300 applicants affiliated with the state’s largest political party, 300 affiliated with the second largest party, and 450 who aren’t affiliated with any party. Following public hearings, the panel of judges selects the 50 applicants from each sub-pool best qualified to serve. The panel then randomly draws 2 names from each sub-pool to serve as 6 of the commissioners. The majority and minority leaders of the Colorado House and Senate each select 10 applicants who are affiliated with one of the state’s two largest political parties from the nonpartisan staff’s list of eligible applicants and submit those names to the appellate judge panel. The panel selects one person from each of the legislative leaders’ lists and two persons from the pool of 450 unaffiliated applicants to serve as the final 6 commissioners. The Commission must have 4 commissioners affiliated with the state’s largest political party, 4 commissioners affiliated with the second largest party, and 4 commissioners who are not affiliated with any political party. At least 1 commissioner must reside in each of the state’s congressional districts, no more than 2 commissioners can reside in the same congressional district, and at least 1 commissioner must reside west of the continental divide. To the extent possible, the commission should reflect Colorado’s racial, ethnic, gender and geographic diversity. [Colo. Const. art. V, § 44.1]
• Timing: Applications to serve on the commission must be submitted by November 10 of the year prior to the redistricting year. The chief justice must appoint the appellate judge panel by January 5 of the redistricting year. Nonpartisan staff must review all applications for eligibility by January 11 of the redistricting year. The narrowed down pools of 300 and 450 voter-applicants must be completed by January 18 of the redistricting year, and the initial 6 commissioners must be selected by February 1 of the redistricting year. Legislative leaders must submit their list of applicants to the appellate judge panel by February 16 of the redistricting year, and the panel must select the final 6 commissioners by March 1 of the redistricting year. The Commission must be convened no later than March 15 of the redistricting year. [Colo. Const. art. V, §§ 44.1, 44.2]
• Eligibility: Commissioners must be registered Colorado voters who voted in each of the last 2 general elections and who have been either unaffiliated with any party or continuously registered with the same party for at least 5 years at the time of applying. No person can be appointed to serve on the Commission if they: have been a candidate for federal office within the last 5 years; have been compensated by a member of, or campaign committee of a candidate for, Congress within the last 3 years; have been an elected public official at any level of government in Colorado within the last 3 years; have been an elected political party official above the precinct level in Colorado or an employee of a political party within the last 3 years; have been a professional lobbyist registered in Colorado or at the federal level within the last 3 years; or are a member of the legislative redistricting commission. [Colo. Const. art. V, § 44.1]
• Voting: Rules and procedural decisions require a simple majority. Election of chair and vice-chair, and directions or guidelines for the development of staff plans, requires 8 affirmative votes, including at least one commissioner unaffiliated with any party. Adoption of a final plan or a revised final plan requires 8 affirmative votes, including at least 2 commissioners unaffiliated with any party. [Colo. Const. art. V, § 44.2]
• Public Input & Transparency: Prior to approving a plan, the Commission must hold at least 3 public hearings in each congressional district, including at least one hearing in specified geographic regions of the state, which must be broadcasted to provide simultaneous access. The Commission must maintain a website where the public can view and comment on plans and submit their own proposed plans, all of which must be published online. Commissioners and staff are subject to public office ethics and bribery laws and their proceedings and communications are covered by Colorado’s open meetings and open records laws. Commissioners are prohibited from communicating with nonpartisan staff regarding congressional mapping unless it is during a public meeting or hearing. Nonpartisan staff are prohibited from communicating about the content or development of any plan outside of public hearings with anyone except other staff members. Persons being compensated to advocate to the Commission must register as a lobbyist with the Secretary of State and make certain specified disclosures. [Colo. Const. art. V, § 44.2]

Mapping Timeline: Nonpartisan staff draws and presents a “preliminary plan” between 30 and 45 days after the commission has convened or the necessary census data are available, whichever is later. Public hearings on the preliminary plan must be completed by July 7 of the redistricting year. Nonpartisan staff then prepares at least 3 “staff plans” and presents them to the commission and public in sequential order according to a timeline established by the commission. Each staff plan must be published online at least 24 hours in advance of being presented to the commission, and there must be at least 10 days between the presentation of each staff plan. The commission can adopt a final plan at any point after the first staff plan has been presented but must adopt one no later than September 1 of the redistricting year, which is then submitted to the Colorado Supreme Court for review. If the commission misses its deadline, the third staff plan is submitted. [Colo. Const. art. V, § 44.4]

Redistricting Criteria: Good-faith effort to achieve precise mathematical population equality with each variance justified; Contiguous; Preserve political subdivisions and communities of interest as much as is reasonably possible; As compact as reasonably possible; Maximize competitive districts to extent possible.

PROHIBTED: Protecting incumbents, candidates, or any political party; Intending or resulting in the denial, abridgment, or dilution of any person’s right to vote on account of their race or membership in a language minority group. [Colo. Const. art. V, § 44.3]

Map Challenges: The Colorado Supreme Court automatically reviews an adopted congressional plan and must approve or return it by November 1 of the redistricting year. If its returned, the commission must hold hearings and adopt a revised plan within 12 days and submit it to the court again. If it fails to do so, the nonpartisan staff has 3 days to prepare and submit a revised plan. The Court must approve a final plan no later than December 15 of the redistricting year, which becomes effective upon filing with the Secretary of State. [Colo. Const. art. V, § 44.5]

Legislative

Primary Authority: Legislative plans are drawn and adopted by Colorado's Independent Legislative Redistricting Commission, a 12-member body of citizen-applicants.

• Members: Same process as congressional commission. [Colo. Const. art. V, § 47]
• Timing: Same timeline as congressional commission, except for the following deadline changes: the narrowed down pools of 300 and 450 voter-applicants must be completed by January 25 of the redistricting year; the initial 6 commissioners must be selected by February 15 of the redistricting year; the final 6 commissioners must be selected by March 16 of the redistricting year; and the commission must be convened no later than March 30 of the redistricting year. [Colo. Const. art. V, §§ 47, 48]
• Eligibility: Same requirements as congressional commission. [Colo. Const. art. V, § 48]
• Voting: Same rules as congressional commission. [Colo. Const. art. V, § 48]
• Public Input & Transparency: Same provisions as congressional commission. [Colo. Const. art. V, § 48]

Mapping Timeline: Same timeline as congressional commission, except that public hearings on the preliminary plans must be completed by July 21 of the redistricting year and final plans must be adopted no later than September 15 of the redistricting year. [Colo. Const. art. V, § 48.2]

Redistricting Criteria: Same criteria as congressional plans except for an explicit +/- 5% deviation population range amongst state House and Senate districts. [Colo. Const. art. V, § 48.1]

Map Challenges: Same procedures as congressional plans, except the Court must approve or return the commission’s final plans by November 15 of the redistricting year and final plans must be approved no later than December 29 of the redistricting year. [Colo. Const. art. V, § 48.3]

Ballot Measure & Referendum Processes

Types of Measures: Direct initiatives and referendums are permitted to amend statutes. Direct initiatives are permitted to amend the state constitution. Legislatively initiated ballot measures may amend the state constitution, but not statutes.

Single-Subject Rule: Yes.

Initiative Subject Restrictions: No.

Signature Requirements: Constitutional amendments, initiatives, and veto referendums require 5% of all votes cast for all candidates for Secretary of State in the last general election. Constitutional amendments also require signatures be collected from at least 2% of the registered voters in each state Senate district. 2,508,830 people voted for a Secretary of State candidate in the 2022 general election in Colorado, so 125,442 signatures are required for constitutional amendments, initiatives, and veto referendums.

Submission Deadlines: Initiative petitions must be submitted at least three months prior to the election in which the petition is to appear on the ballot (August 4, 2024). Referendums must be submitted within 90 days after the adjournment of the legislature.

Circulation Period: The circulation period for initiative petitions is 6 months.

Ballot Title and Summary: The Title Board prepares the title and the director of research for the legislative council prepares an impartial voter information pamphlet with an abstract of the fiscal impact study and arguments for and against the measure. Expedited reviews for titles and summaries are permitted.

Other Requirements: A fiscal impact statement is required. Circulators are required to be a citizen of the United States, at least 18 years old, and a Colorado resident. Constitutional amendments require 55% of the vote to pass. The General Assembly can amend or repeal statutory initiatives by a simple majority and can refer constitutional amendments to the voters by a 2/3 supermajority vote. Referendums may not affect appropriations for the support and maintenance of the Departments of State and state institutions or emergency legislation. Initiatives are permitted on general election and odd-year ballots, but not on primary or special election ballots.

[Colo. Const. art. V; Colo. Rev. Stat. §§ 1-40-101 — 1-40-136; Colorado General Assembly Website]

Previous Redistricting Cycles

2020

• Congressional
  • Commission’s Original Plan
    • Adopted = November 1, 2021
  • Litigation History
    • In re Interrogatories on S.B. 21-247 Submitted by Colo. Gen. Ass’y, No. 21SA146 (Colo. Jun. 1, 2021): In response to the delayed release of the 2020 Census redistricting data, the Colorado General Assembly considered S.B. 21-247, which included certain temporary changes to the state laws effectuating the constitutionally established and prescribed redistricting procedures for the state's redistricting commissions. On June 1, 2021, the Colorado Supreme Court issued its opinion that S.B. 21-247 would be unconstitutional if enacted because the redistricting commission amendments specifically removed authority over the redistricting process from the General Assembly.
    • In re Colo. Indep. Cong. Redistricting Comm'n, No. 2021SA208 (Colo. Nov. 1, 2021): Pursuant to the Colorado Constitution's redistricting procedures, Colorado's Independent Congressional Redistricting Commission is required to submit their final approved congressional plan to the Colorado Supreme Court for a mandatory review and approval process. The Commission filed their adopted plan with the Court on October 1, 2021, and on November 1, 2021, the Colorado Supreme Court gave final approval to the Commission's plan, thereby allowing it to become law.
    • In re Proposed Changes to Cong. District Borders, No. 2022SA27 (Colo. Mar. 18, 2022): On February 3, 2022, the Colorado Secretary of State filed a petition with the Colorado Supreme Court requesting adjustments be made to certain congressional district boundaries in accordance with the statutory review and revisions procedures for new redistricting maps by county clerks. On March 18, 2022, the Colorado Supreme Court issued an order granting the Secretary's petition and approving the proposed changes to the congressional redistricting plan.
• Legislative
  • Commission’s Original Plans
    • Adopted = November 15, 2021
  • Litigation History
    • In re Interrogatories on S.B. 21-247 Submitted by Colo. Gen. Ass’y, No. 21SA146 (Colo. Jun. 1, 2021): In response to the delayed release of the 2020 Census redistricting data, the Colorado General Assembly considered S.B. 21-247, which included certain temporary changes to the state laws effectuating the constitutionally established and prescribed redistricting procedures for the state's redistricting commissions. On June 1, 2021, the Colorado Supreme Court issued its opinion that S.B. 21-247 would be unconstitutional if enacted because the redistricting commission amendments specifically removed authority over the redistricting process from the General Assembly.
    • In re Colo. Indep. Legis. Redistricting Comm'n, No. 2021SA305 (Colo. Nov. 15, 2021): Pursuant to the Colorado Constitution's redistricting procedures, Colorado's Independent Legislative Redistricting Commission is required to submit their final approved legislative plans to the Colorado Supreme Court for a mandatory review and approval process. The Commission filed their approved legislative plans with the Court on October 15, 2021, and on November 15, 2021, the Colorado Supreme Court gave final approval to the Commission's plans, thereby allowing it to become law.
    • In re Proposed Changes to Legis. District Borders, No. 2022SA28 (Colo. Mar. 18, 2022): On February 3, 2022, the Colorado Secretary of State filed a petition with the Colorado Supreme Court requesting adjustments be made to certain legislative district boundaries in accordance with the statutory review and revisions procedures for new redistricting maps by county clerks. On March 18, the Colorado Supreme Court issued an order granting the Secretary's petition and approving the proposed changes to the legislative redistricting plans.

2010

• Congressional
  • State Court’s Original Plan (Split-control General Assembly failed to pass; Denver District Court approved map proposed by Democratic state legislators)
    • Adopted = November 10, 2011
    • Approved by Colorado Supreme Court = December 5, 2011
  • Litigation History
    • Hall v. Moreno, 270 P.3d 961 (Colo. 2012): After the split-control Colorado General Assembly failed the pass a congressional plan by its deadline, a coalition of Colorado voters and interest groups filed separate state lawsuits requesting the court to adopt their proposed redistricting plan, which were later consolidated. The Denver District Court approved the Moreno plaintiffs’ proposed plan, which was supported by Democratic state legislators, on November 10, 2011, and the California Supreme Court affirmed the validity of the district court’s ordered plan on February 27, 2012.
• Legislative
  • Commission’s Original Plans
    • 1st Plans Adopted = September 19, 2011
      • Rejected by Colorado Supreme Court on November 15, 2011
    • Final Plans Adopted = November 29, 2011
  • Litigation History
    • In re Reapportionment of the Colo. Gen. Assembly, 332 P.3d 108 (Colo. 2011): Pursuant to the mandated state supreme court review of the Commission’s adopted plans, the Colorado Supreme Court rejected the Commission’s adopted legislative plans for failing to be sufficiently attentive to county boundaries as is required by the state constitution. The Commission amended and adopted new plans on November 29, 2011, which the Colorado Supreme Court approved on December 5, 2011.

2000

• Congressional
  • State Court’s Original Plan (Split-control General Assembly failed to pass; Denver District Court adopted amended version of Republican leadership’s map)
    • Adopted = January 25, 2002
    • Approved by Colorado Supreme Court = February 26, 2002
  • Litigation History
    • Beauprez v. Avalos, 42 P.3d 642 (Colo. 2002): After the Colorado General Assembly failed to pass a plan by its deadline, the Denver District Court assumed redistricting responsibility and adopted an amended version of the plan proposed by Republican leadership in the state on January 25, 2002. The Colorado Supreme Court affirmed the validity of the district court’s adopted map on February 26, 2002.
    • People ex rel. Salazar v. Davidson, 79 P.3d 1221 (Colo. 2003): After the district court’s congressional map was used for the 2002 elections, the General Assembly passed a new congressional redistricting plan that was signed into law in 2003. The Attorney General filed a lawsuit against the General Assembly and Secretary of State in the state Supreme Court seeking an injunction barring the new plan from being implemented. On December 1, 2003, the Colorado Supreme Court ruled in favor of the plaintiff and barred the new plan from being implemented on the grounds the Colorado Constitution prohibited mid-decade redistricting and the General Assembly lost their chance to enact new plans by failing to do so before its deadline.
    • Keller v. Davidson, No. 3CV3452 (Denv. Dist. Ct. May 9, 2003): Colorado citizens filed suit seeking to enjoin the implementation of the General Assembly’s 2003 congressional plan on the grounds it violated the Colorado Constitution’s prohibition on mid-decade redistricting. After being removed to federal court, the case was stayed pending the Colorado Supreme Court’s ruling in the related case People ex rel. Salazar v. Davidson. The case was mooted after the Salazar decision enjoined the implementation of the 2003 congressional plan.
• Legislative
  • Original Plans
    • 1st Adopted Plans = November 27, 2001
      • Rejected by Colorado Supreme Court on January 28, 2002
    • 2nd Adopted Plans = February 7, 2002
      • Approved by Colorado Supreme Court on February 22, 2002
  • Litigation History
    • In re Reapportionment of the Colo. Gen. Assembly I, 45 P.3d 1237 (Colo. 2002): Pursuant to the mandated state supreme court review of adopted plans, the Colorado Supreme Court rejected the Commission’s first adopted legislative plans on the grounds it did not sufficiently adhere to existing county boundaries and it did not include a showing that less drastic alternatives could not have satisfied the equal population requirements of the Colorado Constitution.
    • In re Reapportionment of the Colo. Gen. Assembly II, 46 P.3d 1083 (Colo. 2002): Pursuant to the mandated state supreme court review of adopted plans, the Colorado Supreme Court approved the Commission’s second adopted legislative plans on February 22, 2002.

In The News

• Colorado Legislative Redistricting Maps OK'd by State Supreme Court, The Gazette (11/15/21)
• Colorado Supreme Court Approves New Congressional Map Drawn by Redistricting Commission, The Colorado Sun (11/1/21)
• Colorado’s Redistricting Commission Picked New Maps for the State House and Senate. Here’s What They Look Like., The Denver Post (10/12/21)
• Latest State Legislative Maps Released as Redistricting Commission Nears Deadline, Colorado Newsline (10/6/21)
• Colorado Commission Agrees on New Congressional Map, AP (9/29/21)
• Colorado Redistricting Commissions Release New Congressional, Legislative Proposals as Deadlines Near, The Denver Channel (9/23/21)
• Colorado Commission Releases Second Version of Democratic-Leaning Congressional District Map, KDVR (9/15/21)
• New Proposals for Colorado Legislative Redistricting Released, The Denver Channel (9/13/21)
• Colorado Redistricting Commissioners Mull Big Changes to Latest Draft of Congressional Map, The Colorado Sun (9/9/21)
• Colorado Commission Releases New Congressional Map Proposal, AP (9/3/21)
• Colorado Redistricting Panel Votes to End ‘Prison Gerrymandering’ in New Legislative Maps, Colorado Newsline (8/13/21)
• Colorado’s Congressional Mapmakers Give Themselves more Time, The Denver Post (8/3/21)
• Independent Commission Redrawing Colorado’s Congressional Map Pushes its Final Deadline to Oct. 1, The Colorado Sun (8/2/21)
• Map Deadline in High Court's Redistricting Order Still TBD, Vexing Commissions, The Gazette (7/26/21)
• Colorado’s New Redistricting Process Faces a Time Crunch. The State Supreme Court will Decide Whether to Push Back Deadlines, The Colorado Sun (7/23/21)
• Redistricting Commissioners to Head Back to Court, Consider Paring Public Input Hearings, Colorado Politics (7/12/21)
• Redistricting Panels Told WashCo Needs to be in 65th House District, Sterling Journal-Advocate (7/11/21)
• Colorado is Gaining a House District. Here's what the Preliminary District Map Looks Like, CBS News (7/6/21)
• Democrats could Keep Control of Colorado Statehouse Under Proposed Redistricting Plan, The Denver Post (6/29/21)
• First Draft of Colorado’s New State Senate, House District Maps could Pit 20 Incumbents Against Each Other, The Colorado Sun (6/29/21)
• Weld Commissioners Insist County be Kept Whole in Redistricting Process, Commissioner Says, Greeley Tribune (6/25/21)
• Colorado Redistricting Commission Releases 'Starting Point' Congressional Map, The Center Square (6/24/21)
• Colorado Leads U.S. States with First Look at New Congressional Districts, Reuters (6/18/21)
• Redistricting Commissions Looking for Public Input Before Drawing Preliminary Maps, Steamboat Pilot & Today (6/6/21)
• Colorado Supreme Court Tells Lawmakers to Stay Out of Redistricting Process, but Signs Off on Use of Preliminary Data, The Colorado Sun (6/1/21)
• Colorado’s Independent Redistricting Commissions Prepare Preliminary Data, Pagosa Daily Post (5/18/21)
• Colorado’s Congressional Mapmakers will Move Ahead without Census Data, The Denver Post (5/10/21)
• Colorado Lawmakers Look to Use Preliminary Data for Redistricting Amid Census Delays, The Pueblo Chieftain (5/5/21)
• Colorado will Gain Eighth U.S. House Seat Based on Census, AP (4/26/21)
• Groups Urge Colorado Redistricting Commission to Keep Rural Counties Together, Coloradoan (4/23/21)
• Colorado's Rural Counties Call for Congressional District Shakeup, The Gazette (4/21/21)
• Colorado Redistricting Chairman Voted out of Leadership Position after Social Media Posts, The Gazette (4/5/21)
• Final State Legislative Redistricting Commissioners Selected, The Gazette (3/16/21)
• Final Congressional Redistricting Commissioners Selected as Pressure Rises, The Gazette (3/1/21)
• Legislative Leaders Announce Picks for Congressional and Legislative Redistricting Commissions, The Gazette (2/17/21)
• Delayed Census Results Affect Colorado Redistricting Plan, AP (2/16/21)
• More Redistricting Commissioners in Colorado Selected, New Delays Predicted, The Gazette (2/12/21)
• Colorado's Redistricting Plan Upended by Delayed Census Results, The Denver Post (2/12/21)
• 'Unaffiliated' Colorado Redistricting Commission Applicants Assailed for Perceived Biases, The Denver Gazette (2/5/21)
• Delay in Census Data Slows Political Redistricting in Colorado, 9News (2/1/21)
• GOP-Controlled Senate Committees Support Right-to-Work, Oppose Independent Redistricting Panel, WMUR (2/1/21)
• Colorado's First Independent Congressional Redistricting Committee Gets First Members, The Gazette (2/1/21)
• U.S. Census Delays are Threatening to Upend Colorado’s New Redistricting Process, The Colorado Sun (1/27/21)
• Selection Process Underway for Independent Commissions to Redraw Legislative, Congressional Borders, The Denver Channel (1/13/21)
• Esri's Web-Based Redistricting Solution to be Used by Colorado, AP (12/9/20)
• Thousands of Coloradans Applied for New Citizen Redistricting Commission, The Denver Gazette (12/4/20)
• Colorado Needs More People to Help Redraw Political Maps. And Lack of Diversity Remains an Issue, The Colorado Sun (11/8/20)
• As 2020 Census Approaches Finish line, Colorado Looks to Close the Gap of Who's Undercounted, Colorado Sun (9/25/20)
• Colorado's New Redistricting Process Needs You - Yes, You - to Help Decide the Political Districts, Colorado Sun (8/17/20)
• Colorado Congressional Dems Argue the Census Count Shouldn't End Early, CPR News (8/12/20)
• Who Should Represent Colorado? The Answers Take Shape this Week as Census, Redistricting Hit Key Phases, Colorado Sun (8/11/20)
• Applications Open for Colorado Redistricting Commissions, Colorado Politics (8/10/20)
• Colorado Independent Redistricting Commissions Seeks Applicants, The Durango Herald (8/9/20)
• Once-in-a-Decade Effort to Redraw Colorado's Political Maps is Underway, Colorado Newsline (8/3/20)
• Colorado Redistricting Commission Applications Available Starting Aug. 10, Vail Daily (7/30/20)
• Colorado Independent Redistricting Commissions Seek Comments, The Durango Herald (7/20/20)
• "It's Incredibly Important We All Get counted": Rural Colorado's Census Response Rates Are Lagging, The Colorado Sun (6/16/20)
• Colorado ends prison gerrymandering, The Fulcrum (3/25/20)
• Lawmakers try to alter voter-approved redistricting reforms, AP (3/5/20)
• More states to use redistricting reforms after 2020 census, AP (3/5/20)