A Bill for an Act
Page 1, Line 101Concerning county commissioner redistricting.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Under current law, certain boards of county commissioners must appoint county commissioner redistricting commissions to adopt plans to divide the relevant counties into as many county commissioner districts as there are county commissioners elected by voters of their district (plan). The bill requires these boards of county commissioners to appoint independent county commissioner redistricting commissions, modifies the criteria for who may serve on these commissions, and requires the boards of county commissioners to adopt a final plan that was one of the final plans approved by an independent county commissioner redistricting commission. The bill also removes the role of advisory committees in the process of adopting a plan and divides that role among staff and the independent county commissioner redistricting commissions.
Further, the bill requires an independent county commissioner redistricting commission to adopt a numerical measure of county commissioner district competitiveness and to use that measure in determining county commissioner districts.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration.
Page 2, Line 3(1) The general assembly finds and declares that:
Page 2, Line 4(a) In order for our democratic republic to truly represent the
Page 2, Line 5voices of the people, districts must be drawn such that the people have an
Page 2, Line 6opportunity to elect representatives who are reflective of and responsive
Page 2, Line 7and accountable to their constituents;
Page 2, Line 8(b) The people are best served when districts are not drawn to
Page 2, Line 9benefit particular parties or incumbents, but are instead drawn to ensure
Page 2, Line 10representation for the various communities of interest and to maximize
Page 2, Line 11the number of competitive districts;
Page 2, Line 12(c) The federal "Voting Rights Act of 1965" prohibits voting
Page 2, Line 13practices and procedures, including redistricting, that discriminate on the
Page 2, Line 14basis of race, color, or language;
Page 2, Line 15(d) Districts are redrawn after every decennial census for members
Page 2, Line 16of congress, members of the general assembly, county commissioners,
Page 2, Line 17school board members, city councillors, and special district
Page 2, Line 18representatives;
Page 2, Line 19(e) In the 2018 legislative session, the general assembly
Page 2, Line 20unanimously supported two referred measures, Amendments Y and Z,
Page 2, Line 21that reflected a bipartisan compromise to ensure fair redistricting of
Page 3, Line 1congressional districts, state house of representative districts, and state
Page 3, Line 2senate districts;
Page 3, Line 3(f) At the general election in November 2018, seventy-one percent
Page 3, Line 4of electors in the state approved Amendments Y and Z;
Page 3, Line 5(g) The only partisan offices elected by districts in Colorado not
Page 3, Line 6included in Amendments Y and Z were county commissioners; and
Page 3, Line 7(h) It is of statewide interest that voters in every Colorado county
Page 3, Line 8are empowered to elect commissioners who will reflect the communities
Page 3, Line 9within the county and who will be responsive and accountable to them.
Page 3, Line 10(2) The general assembly further finds and declares that most
Page 3, Line 11Colorado counties elect their commissioners by the voters of the whole
Page 3, Line 12county, but counties with populations over seventy thousand are allowed
Page 3, Line 13to increase from three to five commissioners and elect some or all of their
Page 3, Line 14commissioners by the voters of individual districts. By enacting this
Page 3, Line 15House Bill , the general assembly intends to build upon HB21-1047
Page 3, Line 16by further ensuring that county commissioner districts are drawn by
Page 3, Line 17independent commissions and not by a sitting board of commissioners,
Page 3, Line 18the members of which have a fundamental and inherent conflict of
Page 3, Line 19interest in drawing a district in which they or a desired successor may run
Page 3, Line 20for office in the future. The general assembly also intends to further
Page 3, Line 21clarify what constitutes a competitive county commissioner district.
Page 3, Line 22(3) The general assembly further finds and declares that, pursuant
Page 3, Line 23to the Colorado supreme court's holding in League of Women Voters of
Page 3, Line 24Greeley v. Bd. of Cnty. Comm'rs of the Cnty. of Weld 563 P.3d 1192
Page 3, Line 25(Colo. 2025), as with HB21-1047, this House Bill applies to
Page 3, Line 26counties whether or not they are home rule counties.
Page 3, Line 27SECTION 2. In Colorado Revised Statutes, 30-10-306, amend
Page 4, Line 1(6)(b); repeal (6)(a) and (6)(d); and add (6)(d.5) as follows:
Page 4, Line 230-10-306. Commissioners' districts - vacancies - definitions.
Page 4, Line 3(6) As used in this section and sections 30-10-306.1 to
Page 4, Line 430-10-306.4, unless the context otherwise requires:
Page 4, Line 5(a)
"Advisory committee" means a group of persons who are notPage 4, Line 6
nonpartisan staff of the county who are assigned to assist the commissionPage 4, Line 7
by the board of county commissioners. The board of countyPage 4, Line 8
commissioners may delegate any functions but the final adoption of aPage 4, Line 9
plan to the advisory committee. The advisory committee must bePage 4, Line 10
composed of an equal number of members who are affiliated with thePage 4, Line 11
state's largest political party, affiliated with the state's second largestPage 4, Line 12
political party, and not affiliated with any political party. For purposes ofPage 4, Line 13
this subsection (6)(a), the state's two largest political parties shall bePage 4, Line 14
determined by the number of registered electors affiliated with eachPage 4, Line 15
political party in the state according to voter registration data publishedPage 4, Line 16
by the secretary of state for the earliest day in January of the redistrictingPage 4, Line 17
year for which such data is published.Page 4, Line 18(b) "Commission" means
a county commissioner districtPage 4, Line 19
redistricting commission, whether the commission is an independentPage 4, Line 20county commissioner district redistricting commission
or not. A countyPage 4, Line 21
commissioner district redistricting commission can be made up solely ofPage 4, Line 22
the members of a county's board of county commissioners created inPage 4, Line 23accordance with section 30-10-306.1 (2).
Page 4, Line 24(d)
"Independent commission" means an independent countyPage 4, Line 25
commissioner district redistricting commission created in accordance withPage 4, Line 26
section 30-10-306.1 (2).Page 4, Line 27(d.5) "Independent committee" means a committee
Page 5, Line 1composed of an equal number of members who are affiliated with
Page 5, Line 2the state's largest political party, affiliated with the state's
Page 5, Line 3second-largest political party, and not affiliated with any
Page 5, Line 4political party. For purposes of this subsection (6)(d.5), the
Page 5, Line 5state's two largest political parties are determined by the
Page 5, Line 6number of registered electors affiliated with each political
Page 5, Line 7party in the state according to voter registration data
Page 5, Line 8published by the secretary of state for the earliest day in
Page 5, Line 9January of the redistricting year for which such data is
Page 5, Line 10published. An independent committee shall not include
Page 5, Line 11nonpartisan staff of the county.
Page 5, Line 12SECTION 3. In Colorado Revised Statutes, 30-10-306.1, amend
Page 5, Line 13(1) introductory portion, (2) introductory portion, and (2)(c); repeal (2)(a)
Page 5, Line 14and (2)(b); and add (2)(d), (2)(e), (2)(f), and (2)(g) as follows:
Page 5, Line 1530-10-306.1. Commission created - commission composition
Page 5, Line 16and appointment.
Page 5, Line 17(1) The board of county commissioners in each of the following
Page 5, Line 18counties must
designate convene a county commissioner districtPage 5, Line 19redistricting commission
and are encouraged to convene an independentPage 5, Line 20
county commissioner district redistricting commission, in order toadoptPage 5, Line 21
a plan approve one or more plans to divide the relevant county into asPage 5, Line 22many districts as there are county commissioners elected by voters of
Page 5, Line 23their district:
Page 5, Line 24(2) In appointing members to
an independent a commission, aPage 5, Line 25board of county commissioners:
is encouraged to:Page 5, Line 26(a)
Appoint persons who accurately reflect the political affiliationsPage 5, Line 27
of the residents of the county, including unaffiliated residents;Page 6, Line 1(b)
Appoint persons who accurately reflect the county's racial,Page 6, Line 2
ethnic, gender, and geographic diversity; andPage 6, Line 3(c) Shall avoid conflicts of interest based on partisan alignments;
Page 6, Line 4(d) Shall ensure that the commission is an independent
Page 6, Line 5committee;
Page 6, Line 6(e) Shall either direct the commission to approve one final
Page 6, Line 7plan to divide the relevant county into as many districts as
Page 6, Line 8there are county commissioners elected by voters of their
Page 6, Line 9district, which plan the board of county commissioners shall
Page 6, Line 10adopt as the final plan, or direct the commission to approve at
Page 6, Line 11least three final plans to divide the relevant county into as
Page 6, Line 12many districts as there are county commissioners elected by
Page 6, Line 13voters of their district, which plans the board of county
Page 6, Line 14commissioners shall select from in deciding which plan to adopt
Page 6, Line 15as the final plan;
Page 6, Line 16(f) Shall not appoint any member to a commission who is a
Page 6, Line 17currently elected county commissioner; and
Page 6, Line 18(g) Is encouraged to appoint persons who accurately
Page 6, Line 19reflect the county's racial, ethnic, gender, and geographic
Page 6, Line 20diversity.
Page 6, Line 21SECTION 4. In Colorado Revised Statutes, 30-10-306.2, amend
Page 6, Line 22(1), (2), (3)(c), (3)(d), (4)(b)(I)(B), (4)(b)(I)(C), (4)(b)(I)(D), (4)(b)(I)(F),
Page 6, Line 23(4)(b)(II), (4)(b)(III) as follows:
Page 6, Line 2430-10-306.2. Commission organization - procedures -
Page 6, Line 25transparency - voting requirements.
Page 6, Line 26(1) The board of county commissioners shall appoint staff as
Page 6, Line 27needed to assist the commission. Staff
or the advisory committee shallPage 7, Line 1acquire and prepare all necessary resources, including computer
Page 7, Line 2hardware, software, and demographic, geographic, and political
Page 7, Line 3databases, as far in advance as necessary to enable the commission to
Page 7, Line 4begin its work immediately upon convening.
Page 7, Line 5(2) The commission shall not vote upon the approval of a final
Page 7, Line 6plan or set of final plans until at least seventy-two hours after it has
Page 7, Line 7been proposed to the commission in a public meeting or at least
Page 7, Line 8seventy-two hours after it has been amended by the commission in a
Page 7, Line 9public meeting, whichever occurs later.
Page 7, Line 10(3) (c) The commission shall maintain a website through which
Page 7, Line 11any county resident may submit proposed plans or written comments, or
Page 7, Line 12both, without attending a hearing of the commission. The commission
Page 7, Line 13shall ensure that the website is easily accessible and contains a record of
Page 7, Line 14the commission's activities and proceedings, including the commission's
Page 7, Line 15directions to staff
or an advisory committee on proposed changes to anyPage 7, Line 16plan and the commission's rationale for such changes.
Page 7, Line 17(d) The commission shall publish all written comments pertaining
Page 7, Line 18to redistricting on its website or comparable means of communicating
Page 7, Line 19with the public as well as the name of the county resident submitting such
Page 7, Line 20comments. If the commission
advisory committee, or staff have aPage 7, Line 21substantial basis to believe that a person submitting such comments has
Page 7, Line 22not truthfully or accurately identified himself or herself, the commission
Page 7, Line 23need not consider and need not publish such comments but must notify
Page 7, Line 24the commenter in writing of this fact. The commission may withhold
Page 7, Line 25comments, in whole or in part, from the website or comparable means of
Page 7, Line 26communicating with the public that do not relate to redistricting plans,
Page 7, Line 27policies, or communities of interest.
Page 8, Line 1(4) (b) To ensure transparency in the redistricting process:
Page 8, Line 2(I) (B) Except as provided in subsections (4)(b)(I)(D) and
Page 8, Line 3(4)(b)(I)(F) of this section, a member of the commission shall not
Page 8, Line 4communicate with staff or any members of the
advisory committeePage 8, Line 5board of county commissioners, and a member of the board of
Page 8, Line 6county commissioners shall not communicate with a member of
Page 8, Line 7the commission or staff, on the mapping of county commissioner
Page 8, Line 8districts unless the communication is during a public meeting or hearing
Page 8, Line 9of the commission.
Page 8, Line 10(C) Except for public input and comment, staff shall not have any
Page 8, Line 11communications about the content or development of any plan outside of
Page 8, Line 12public hearings with anyone,
including any members of the advisoryPage 8, Line 13
committee, except other staff members.Likewise, except for public inputPage 8, Line 14
and comment, members of the advisory committee shall not have anyPage 8, Line 15
communications about the content or development of any plan outside ofPage 8, Line 16
public hearings with anyone, including staff, except other members of thePage 8, Line 17
advisory committee. Communications about the content or developmentPage 8, Line 18of any plan include communications about how plans will be drawn to
Page 8, Line 19satisfy the criteria in section 30-10-306.3, specific parameters related to
Page 8, Line 20the interpretation of the criteria in section 30-10-306.3, and requests for
Page 8, Line 21the drawing of additional plans. Staff
or members of the advisoryPage 8, Line 22
committee shall report to the commission any attempt by anyone to exertPage 8, Line 23influence over the staff's
or advisory committee's role in the drafting ofPage 8, Line 24plans.
Page 8, Line 25(D) One or more staff may be designated to communicate with
Page 8, Line 26members of the commission
or advisory committee and, in the case of aPage 8, Line 27
commission that is composed of the board of county commissioners,Page 9, Line 1
administrative staff of the county, regarding administrative matters, thePage 9, Line 2definition and scope of which shall be determined by the commission.
Page 9, Line 3
Likewise, one or more members of the advisory committee may bePage 9, Line 4
designated to communicate with members of the commission or staffPage 9, Line 5
regarding administrative matters, the definition and scope of which shallPage 9, Line 6
be determined by the commission. Any communication that occursPage 9, Line 7outside of a public meeting or hearing of the commission between staff,
Page 9, Line 8serving in their role as staff to the commission, and a member of
Page 9, Line 9
the advisory committee commission or board of countyPage 9, Line 10commissioners, beyond those allowed by this subsection (4)(b)(I)(D),
Page 9, Line 11must be documented and made a part of the public record.
Page 9, Line 12(F) Staff may make a completed proposed plan that staff prepared
Page 9, Line 13as a result of a request made in a public hearing available to the public on
Page 9, Line 14the commission's website. In addition, staff may communicate with a
Page 9, Line 15member of the commission
or the advisory committee to clarify directionsPage 9, Line 16that were given to staff during a public meeting regarding the creation of
Page 9, Line 17a proposed plan, so long as staff makes a record of the content of the
Page 9, Line 18communication available to the public on the commission's website.
Page 9, Line 19(II) The commission, each member of the commission,
thePage 9, Line 20
advisory committee, each member of the advisory committee, and staffPage 9, Line 21are subject to open records requirements as provided in part 2 of article
Page 9, Line 2272 of title 24, as amended, or any successor statute; except that plans in
Page 9, Line 23draft form and not submitted to the commission are not public records
Page 9, Line 24subject to disclosure. Work product and communications among staff
Page 9, Line 25
members of the advisory committee, and between staff serving in theirPage 9, Line 26role as staff to the commission and
the advisory committee aPage 9, Line 27member of the commission or the board of county commissioners
Page 10, Line 1are subject to disclosure once a plan is adopted by the board of county
Page 10, Line 2commissioners.
Page 10, Line 3(III) Persons who contract for or receive compensation for
Page 10, Line 4advocating to the commission, to one or more members of the
Page 10, Line 5commission,
to the advisory committee, to one or more members of thePage 10, Line 6
advisory committee, or to staff for the adoption or rejection of any plan,Page 10, Line 7amendment to a plan, mapping approach, or manner of compliance with
Page 10, Line 8any of the mapping criteria specified in section 30-10-306.3 are lobbyists
Page 10, Line 9who must disclose to the secretary of state any compensation contracted
Page 10, Line 10for, compensation received, and the person or entity contracting or paying
Page 10, Line 11for their lobbying services. Such disclosure must be made no later than
Page 10, Line 12seventy-two hours after the earlier of each instance of such lobbying or
Page 10, Line 13any payment of such compensation. The secretary of state shall publish
Page 10, Line 14on the secretary of state's website or comparable means of communicating
Page 10, Line 15with the public the names of such lobbyists, as well as the compensation
Page 10, Line 16received and the persons or entities for whom they work within
Page 10, Line 17twenty-four hours of receiving such information. The secretary of state
Page 10, Line 18shall adopt rules to facilitate the complete and prompt reporting required
Page 10, Line 19by this subsection (4)(b)(III) as well as a complaint process to address any
Page 10, Line 20lobbyist's failure to report a full and accurate disclosure, which complaint
Page 10, Line 21must be heard by an administrative law judge, whose decision may be
Page 10, Line 22appealed to the court of appeals.
Page 10, Line 23SECTION 5. In Colorado Revised Statutes, 30-10-306.3, amend
Page 10, Line 24(1) introductory portion, (3)(a), (3)(c), (3)(d), (4) introductory portion,
Page 10, Line 25and (5) as follows:
Page 10, Line 2630-10-306.3. Criteria for determination of county
Page 10, Line 27commissioner districts - definitions.
Page 11, Line 1(1) In
adopting approving a county commissioner districtPage 11, Line 2redistricting plan, the commission shall:
Page 11, Line 3(3) (a) (I) Thereafter, the commission shall, to the extent
Page 11, Line 4reasonably possible, maximize the number of politically competitive
Page 11, Line 5districts.
Page 11, Line 6(II) (A) To comply with the requirements of this subsection
Page 11, Line 7(3)(a), the commission shall adopt a composite formula that
Page 11, Line 8generates a competitiveness measure expressed as a percentage
Page 11, Line 9to measure district competitiveness.
Page 11, Line 10(B) Before adopting a composite formula, the commission
Page 11, Line 11shall make the composite formula available to the public and
Page 11, Line 12shall provide the public sufficient time to review and comment
Page 11, Line 13on the composite formula.
Page 11, Line 14(C) Using the results of the composite formula it adopted,
Page 11, Line 15the commission shall first attempt to maximize the number of
Page 11, Line 16highly competitive districts and then attempt to maximize the
Page 11, Line 17number of moderately competitive districts.
Page 11, Line 18(3) (c) When the commission approves a plan, the staff
orPage 11, Line 19
advisory committee shall, within seventy-two hours of such action, makePage 11, Line 20publicly available, and include in the commission's record, a report to
Page 11, Line 21demonstrate how the plan reflects the evidence presented to, and the
Page 11, Line 22findings concerning, the extent to which competitiveness in district
Page 11, Line 23elections is fostered consistent with the other criteria set forth in this
Page 11, Line 24section.
Page 11, Line 25(d)
For purposes of this subsection (3), As used in thisPage 11, Line 26subsection (3), unless the context otherwise requires:
Page 11, Line 27(I) "Competitive" means having a reasonable potential for the
Page 12, Line 1party affiliation of the district's county commissioner to change at least
Page 12, Line 2once between federal decennial censuses. Competitiveness may be
Page 12, Line 3measured by factors such as a proposed district's past election results, a
Page 12, Line 4proposed district's political party registration data, and evidence-based
Page 12, Line 5analyses of proposed districts.
Page 12, Line 6(II) "Composite formula" means a formula that includes,
Page 12, Line 7as determined by the commission:
Page 12, Line 8(A) Averages of the vote share across the most
Page 12, Line 9representative combination of national, statewide, or local
Page 12, Line 10elections, as determined by the commission; and
Page 12, Line 11(B) May also include a partisan voting index produced by
Page 12, Line 12an organization other than the commission.
Page 12, Line 13(III) "Highly competitive district" means a district with a
Page 12, Line 14competitiveness measure equal to or less than five percent.
Page 12, Line 15(IV) "Moderately competitive district" means a district
Page 12, Line 16with a competitiveness measure greater than five percent and
Page 12, Line 17less than or equal to ten percent.
Page 12, Line 18(V) "Vote share" means, for an election, the total share
Page 12, Line 19of votes cast for the candidates of the state's largest and
Page 12, Line 20second-largest political parties, expressed as a percentage,
Page 12, Line 21excluding votes cast for the candidates of any other political
Page 12, Line 22party.
Page 12, Line 23(4) No plan may be approved by the
board of countyPage 12, Line 24
commissioners or the commission if the plan:Page 12, Line 25(5) So long as the commission has complied with the requirements
Page 12, Line 26of subsections (1) through (4) of this section, in
adopting approving aPage 12, Line 27county commissioner redistricting plan, the commission may consider
Page 13, Line 1congressional districts, state house of representative districts, and state
Page 13, Line 2senate districts
in order to minimize the number of necessary votingPage 13, Line 3precincts in a county.
Page 13, Line 4SECTION 6. In Colorado Revised Statutes, 30-10-306.4, amend
Page 13, Line 5(1)(b), (1)(d), (1)(e), and (1)(g) as follows:
Page 13, Line 630-10-306.4. Deadlines for preparation, amendment, and
Page 13, Line 7approval of plans.
Page 13, Line 8(1) The board of county commissioners shall establish deadlines
Page 13, Line 9to ensure that the board of county commissioners shall adopt a plan for
Page 13, Line 10the redrawing of county commissioner districts no later than September
Page 13, Line 1130 of the redistricting year. These deadlines must include dates by which
Page 13, Line 12the following must be accomplished:
Page 13, Line 13(b) The appointment of staff
and an advisory committee as neededPage 13, Line 14to assist the commission and the acquisition of all necessary resources to
Page 13, Line 15enable the commission to begin its work, in accordance with section
Page 13, Line 1630-10-306.2 (1);
Page 13, Line 17(d) The submission of written comments to staff
or an advisoryPage 13, Line 18
committee by any member of the public and any member of thePage 13, Line 19commission on the creation of not less than three plans for county
Page 13, Line 20commissioner districts, created by staff
or an advisory committee alone,Page 13, Line 21and on communities of interest that require representation in one or more
Page 13, Line 22specific areas of the county. Staff
or an advisory committee shall considerPage 13, Line 23such comments in creating the plans, and such comments shall be part of
Page 13, Line 24the record of the commission's activities and proceedings. Staff
and thePage 13, Line 25
advisory committee shall keep each plan confidential until it is publishedPage 13, Line 26online or by a comparable means of communicating with the public using
Page 13, Line 27generally available technologies. The commission may provide direction
Page 14, Line 1for the development of these plans through the adoption of standards,
Page 14, Line 2guidelines, or methodologies to which staff
and the advisory committeePage 14, Line 3shall adhere; including standards, guidelines, or methodologies to be used
Page 14, Line 4to evaluate a plan's competitiveness, consistent with
section 30-10-306.3Page 14, Line 5
(3)(d) section 30-10-306.3 (3).Page 14, Line 6(e) The creation, presentation to the commission, and publishing
Page 14, Line 7online of the plans. At public hearings at which the plans are presented,
Page 14, Line 8staff
or an advisory committee shall explain how the plans were created,Page 14, Line 9how the plans address the categories of public comments received, and
Page 14, Line 10how the plans comply with the criteria prescribed in section 30-10-306.3.
Page 14, Line 11(g) The request by any member of the commission or group of
Page 14, Line 12members of the commission for staff
or an advisory committee to preparePage 14, Line 13additional plans or amendments to plans. Any such request must be made
Page 14, Line 14in a public hearing of the commission but does not require commission
Page 14, Line 15approval.
Page 14, Line 16SECTION 7. Act subject to petition - effective date -
Page 14, Line 17applicability.
Page 14, Line 18(1) This act takes effect at 12:01 a.m. on the day following the
Page 14, Line 19expiration of the ninety-day period after final adjournment of the general
Page 14, Line 20assembly (August 12, 2026, if adjournment sine die is on May 13, 2026);
Page 14, Line 21except that, if a referendum petition is filed pursuant to section 1 (3) of
Page 14, Line 22article V of the state constitution against this act or an item, section, or
Page 14, Line 23part of this act within such period, then the act, item, section, or part will
Page 14, Line 24not take effect unless approved by the people at the general election to be
Page 14, Line 25held in November 2026 and, in such case, will take effect on the date of
Page 14, Line 26the official declaration of the vote thereon by the governor.
Page 14, Line 27(2) This act applies to the adoption of a county commissioner
Page 15, Line 1district redistricting plan that occurs after the effective date of this act and
Page 15, Line 2does not require the adjustment or readoption of a county commissioner
Page 15, Line 3district redistricting plan that has been adopted as of the effective date of
Page 15, Line 4this act.