House Committee of Reference Report
Committee on State, Civic, Military, & Veterans Affairs
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February 2, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1038 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, page 2, after line 1 insert:
Page 1, Line 2"SECTION 1. Short title. The short title of this act is the "The
Page 1, Line 3County Commissioner Redistricting Integrity Act".".
Page 1, Line 4Renumber succeeding sections accordingly.
Page 1, Line 5Page 2, line 5, strike "districts" and substitute "if districts are required,
Page 1, Line 6they".
Page 1, Line 7Page 3, line 15, strike "House Bill
Page 1, Line 826-1038,".
Page 1, Line 9Page 3, line 25, strike "House Bill
Page 1, Line 1026-1038".
Page 1, Line 11Page 4, line 1 after "(6)(d.5)" insert "and (7)".
Page 1, Line 12Page 5, after line 11 insert:
Page 1, Line 13"(7) Any qualified elector of the county may challenge
Page 1, Line 14the adoption of a plan to divide the county into as many
Page 1, Line 15districts as there are county commissioners elected by voters
Page 1, Line 16of their district by an action in the district court for the
Page 1, Line 17county.".
Page 1, Line 18Page 5, line 14, strike "and (2)(g)" and substitute "(2)(g), and (2.5)".
Page 1, Line 19
Page 2, Line 1Page 6, after line 20 insert:
Page 2, Line 2"(2.5) The board of county commissioners may remove any
Page 2, Line 3member of the commission for malfeasance in office, for failure
Page 2, Line 4to regularly attend meetings, or for preventing the commission
Page 2, Line 5from discharging its duties.".
Page 2, Line 6Page 10, strike lines 20 through 22 and substitute "lobbyist's failure to
Page 2, Line 7report a full and accurate disclosure. which complaint must be heard by
Page 2, Line 8an administrative law judge, whose decision may be appealed to the court
Page 2, Line 9of appeals".
Page 2, Line 10Page 10, line 25, strike "(5)" and substitute "(5); and add (6)".
Page 2, Line 11Page 11, line 3, strike "Thereafter," and substitute "Thereafter After
Page 2, Line 12complying with subsections (1) and (2) of this section,".
Page 2, Line 13Page 11, line 9, strike "competitiveness." and substitute
Page 2, Line 14"competitiveness and may also adopt other measures of district
Page 2, Line 15competitiveness.".
Page 2, Line 16Page 11, line 10, strike "Before adopting a composite formula," and
Page 2, Line 17substitute "At least seventy-two hours before adopting a
Page 2, Line 18composite formula or other measure of competitiveness,".
Page 2, Line 19Page 11, line 11, after "formula" insert "or other measure of
Page 2, Line 20competitiveness".
Page 2, Line 21Page 11, line 14, after "formula" insert "or other measure of
Page 2, Line 22competitiveness".
Page 2, Line 23Page 12, strike lines 6 through 22 and substitute:
Page 2, Line 24"(II) "Composite formula" means a formula that averages
Page 2, Line 25the margin of victory across the most representative
Page 2, Line 26combination of national, statewide, or local elections, as
Page 2, Line 27determined by the commission, to determine a district's
Page 2, Line 28competitiveness measure expressed as a percentage.
Page 2, Line 29(III) "Highly competitive district" means a district with a
Page 2, Line 30competitiveness measure greater than or equal to negative five
Page 2, Line 31percent and less than or equal to five percent.
Page 2, Line 32(IV) "Margin of victory" means, for an election, the
Page 2, Line 33difference between the percentage of votes cast for the
Page 3, Line 1candidate of the state's largest political party and the
Page 3, Line 2percentage of votes cast for the candidate of the state's second
Page 3, Line 3largest political party.
Page 3, Line 4(V) "Moderately competitive district" means a district
Page 3, Line 5with a competitiveness measure either greater than five percent
Page 3, Line 6and less than or equal to ten percent, or less than negative five
Page 3, Line 7percent and greater than or equal to negative ten percent.".
Page 3, Line 8Page 13, after line 3 insert:
Page 3, Line 9"(6) The board of county commissioners may direct the
Page 3, Line 10commission to modify a proposed plan if the board of county
Page 3, Line 11commissioners identifies elements of the plan that do not comply
Page 3, Line 12with the requirements of this section and why those elements of
Page 3, Line 13the plan do not comply with the requirements of this section.".
Page 3, Line 14Page 13, line 5, strike "and (1)(g)" and substitute "(1)(g), and (2)".
Page 3, Line 15Page 14, after line 15 insert:
Page 3, Line 16"(2) The commission may adjust the deadlines specified in
Page 3, Line 17subsection (1) of this section, if conditions outside of the commission's
Page 3, Line 18control require such an adjustment to ensure that the board of county
Page 3, Line 19commissioners can approve a plan for the redrawing of county
Page 3, Line 20commissioner districts no later than September 30 of the redistricting year
Page 3, Line 21or if the board of commissioners directed the commission to
Page 3, Line 22adjust a plan pursuant to section 30-10-306.3 (6).".