HB 1038 — County Commissioner Redistricting

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REVISEDREREVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO.

26-0591.03 Pierce Lively x2059 HOUSE BILL 26-1038 HOUSE SPONSORSHIP Paschal and Clifford, Bacon, English, Froelich, Goldstein, Joseph, Lindsay, Marshall, McCluskie, Nguyen, Rutinel, Willford SENATE SPONSORSHIP Snyder, Coleman, Exum, Gonzales J., Kipp, Wallace, Weissman i a 2 E e 2 T d 0, N 3 2 E d c S d a House Committees Senate Committees e M State, Civic, Military, & Veterans Affairs State, Veterans, & Military Affairs m A e A BILL FOR AN ACT n 6 m 0 C ONCERNING COUNTY COMMISSIONER REDISTRICTING .

In Colorado Revised Statutes, 30-10-306, amend (6)(b);(6)(b) and (6)(i);peal (6)(a) and (6)(d);

repealand (6)(a)add (6)(d.5) and (6)(d);(7) as follows:

and add (6)(d.5) as follows:

The advisory committee must be composed of an equal number of members who are affiliated with the state's largest political party, affiliated with the state's second largest politicalparty,politicalparty,andnot andaffiliated notwith affiliatedwithanypoliticalparty.Forpurposesofanypoliticalparty.Forpurposesof this subsection (6)(a), the state's two largest political parties shall be determined by the number of registered electors affiliated with each political party in the state according to voter registration data published bythe secretaryof state for the earliest dayin Januaryof the redistricting year for which such data is published.

-4- 1038 (d) "Independent commission" means an independent county -4- 1038 commissionerdistrictredistrictingcommissioncreatedinaccordancewith section 30-10-306.1 (2).

(d.5) "INDEPENDENT"IDEPENDENT COMMITTEE " MEANS A COMMITTEE COMPOSEDOFANEQUALNUMBEROFMEMBERSWHOAREAFFILIATEDWITH THE STATE'S LARGEST POLITICAL PART,AFFILIATED WITH THE STATSSTATES SECOND -LARGEST POLITICAL PARTY,ANDPARTY, AND NOT AFFILIATED WITH ANY POLITICAL PARTY.

FOR PURPOSES OF THIS SUBSECTION (6)(d.5)THE(6)(d.5),THE STATE'SSTATE S TWO LARGEST POLITICAL PARTIES ARE DETERMINED BY THE NUMBER OF REGISTERED ELECTORS AFFILIATED WITH EACH POLITICAL PARTY IN THE STATE ACCORDING TO VOTER REGISTRATION DATA PUBLISHED BY THE SECRETARY OF STATE FOR THE EARLIEST DAY IN JANUARY OF THE REDISTRICTING YEAR FOR WHICH SUCH DATA IS PUBLISHED.

(7)(i) ANY"Staff" QUALIFIEDmeans ELECTORthe OFnonpartisan THEstaff COUNTYof MAYthe CHALLENGEcounty THEwho ADOPTIONare OFassigned Ato PLANassist TOthe DIVIDEcommission bythe board of countycommissioners OR CONTRACTORS WITH THE COUNTY INTOWHO ASARE MANYASSIGNED DISTRICTSTO ASASSIST THERETHE ARECOMMISSIONBYTHEBOARDOFCOUNTYCOMMISSIONERS .STAFFDOESNOT INCLUDE THE COUNTY COMMISSIONERSCLERK ELECTEDAND BYRECORDER VOTERSOR ANY EMPLOYEE OF THEIRTHE DISTRICTCLERK BYAND ANRECORDER ACTIONWHO INIS ACTING WITHIN THE DISTRICTSCOPE COURTOF FORELECTION ADMINISTRATION ,VOTER REGISTRATION,ELECTION CONDUCT ,ELECTION SECURITY, OR MAINTENANCE OF VOTER REGISTRATION OR PRECINCT RECORDS ,UNLESSTHECLERKANDRECORDEROREMPLOYEEOFTHECLERK AND RECORDER EXPRESSLY AGREE IN WRITING TO ASSIST THE COUNTYCOMMISSION .

(7)(a) ANYQUALIFIEDELECTOROFTHECOUNTYMAYCHALLENGE -5- 1038 THE ADOPTION OF A PLAN TO DIVIDE THE COUNTY INTO AS MANY DISTRICTS AS THERE ARE COUNTY COMMISSIONERS ELECTED BY VOTERS OF THEIR DISTRICT BY AN ACTION IN THE DISTRICT COURT FOR THE COUNTY .

(b) IN AN ACTION BROUGHT PURSUANT TO SUBSECTION (7)(a)OF THIS SECTION , THE BOARD OF COUNTY COMMISSIONERS AND , IF APPLICABLE , THE INDEPENDENT COUNTY COMMISSIONER DISTRICT REDISTRICTING COMMISSION ,SHALL BE NAMED AS DEFENDANTS .

(c) THE COUNTY CLERK AND RECORDER IS NOT A NECESSARY OR PROPERTYPARTYTOANACTIONBROUGHTPURSUANTTOTHISSUBSECTION (7)UNLESS THE ACTION SPECIFICALLY ALLEGES A VIOLATION OF DUTIES EXPRESSLY ASSIGNED TO THE CLERK AND RECORDER BY STATUTE .

and add (2)(d), (2)(e), (2)(f),and(2)(f), and (2.5) as follows:

(1) The board of county commissioners in each of the following counties must designateCONVENEdesignate CONVENE a county commissioner district redistricting commission and are encouraged to convene an independent -5- 1038 countycommissioner district redistricting commission, in orderorderpt to adopt a planAPPROVE ONE ORMORE PLANS to divide the relevant countyinto as many districts as there are county commissioners elected by voters of their district:

(2) In appointing members to an independentommission,independent commission, a board of county commissioners:

(a) Appointpersonswhoaccuratelyreflectthepoliticalaffiliations -6- 1038 of the residents of the county, including unaffiliated residents;

(e) SALLEITHERDIRECTTHECOMMISSIONTOAPPROVEONEFINAL PLAN TO DIVIDE THE RELEVANT COUNTY INTO AS MANY DISTRICTS AS THERE ARE COUNTY COMMISSIONERS ELECTED BY VOTERS OF THEIR DISTRICT,WHICH PLAN THE BOARD OF COUNTY COMMISSIONERS SHALL ADOPT AS THE FINAL PLA,ORPLANOR DIRECT THE COMMISSION TO APPROVE AT LEAST THREE FINAL PLANS TO DIVIDE THE RELEVANT COUNTY INTO AS MANY DISTRICTS AS THERE ARE COUNTY COMMISSIONERS ELECTED BY VOTERS OF THEIR DISTRICT ,WHICH PLANS THE BOARD OF COUNTY COMMISSIONERSSHALLSELECTFROMINDECIDINGWHICHPLANTOADOPT AS THE FINAL PLA;

(f) SALLNOTSALL NOT APPOINT ANY MEMBER TO A COMMISSION WHO IS A CURRENTLY ELECTED COUNTY COMMISSIONER ;AND (g) IS ENCOURAGED TO APPOINT PERSONS WHO ACCURATELY REFLECT THE COUNTY S RACIAL,RACIAL,ETHNIC ETHNIC,GENDER,GENDER ,AND GEOGRAPHIC -6- 1038 DIVERSITY.

(2.5) THEHE BOARD OF COUNTY COMMISSIONERS MAY REMOVE ANY MEMBER OFTHE COMMISSIONFORMALFEASANCECOMMISSION INFOR OFFICEMALFEASANCE ,FORINOFFICE FAILURE,FORFAILURE TOREGULARLYATTENDMEETINGS ,ORFORPREVENTINGTHECOMMISSION FROM DISCHARGING ITS DUTIES.DUTIE.

InColoradoRevisedStatutes,30-10-306.2,amend (1),(2),(3)(c),(3)(d),(4)(b)(I)(B),(4)(b)(I)(C),(4)(b)(I)(D),(4)(b)(I)(F), -7- 1038 (4)(b)(II), (4)(b)(III) as follows:

(2) The commission shall not vote uponE APPROVALOF a final planOR SET OF FINAL PLANSuntilPLANS until at least seventy-two hours after it has been proposed to the commission in a public meeting or at least seventy-two hours after it has been amended by the commission in a public meeting, whichever occurs later.

The commission shall ensure that the website is easilyaccessible and contains a record of the commission's activities and proceedings, including the commission's directions to staff or an advisory committeeoposed changes to any -7- 1038 plan and the commission's rationale for such changes.

If the commission advisory committee, or staff have a substantial basis to believe that a person submitting such comments has not truthfullyor accuratelyidentified himself or herself, the commission -8- 1038 need not consider and need not publish such comments but must notify the commenter in writing of this fact.

(I) (B) Except as provided in subsections (4)(b)(I)(D) and (4)(b)(I)(F) of this section, a member of the commission shall not communicate with staff or any members of the advisory committee BOARD OF COUNTY COMMISSIONERS ,AND, AND A MEMBER OF THE BOARD OF COUNTY COMMISSIONERS SHALL NOT COMMUNICATE WITH A MEMBER OF THE COMMISSION OR STAFF , on the mapping of county commissioner districts unless the communication is during a public meeting or hearing of the commission.

(C) Exceptforpublicinputandcomment,staff shallnothaveany communicationsaboutthecontentordevelopmentofanyplanoutsideof public hearings with anyone, including any members of the advisory committee,exceptotherstaffmembers.Likewise,exceptforpublicinput and comment, members of the advisory committee shall not have any communicationsaboutthecontentordevelopmentofanyplanoutsideof -8- 1038 publichearingswithanyone,includingstaff,exceptothermembersofthe advisorycommittee.Communications about the content or development of any plan include communications about how plans will be drawn to satisfy the criteria in section 30-10-306.3, specific parameters related to the interpretation of the criteria in section 30-10-306.3, and requests for the drawing of additional plans.

Staff or members of the advisory committee shall report to the commission anyattempt byanyone to exert -9- 1038 influence over the staff's or advisory commrolecommittee's role in the drafting of plans.

(F) Staffmaymakeacompletedproposedplanthatstaffprepared asaresultof arequestmadeinapublichearingavailabletoarequestmadein thea public onhearingavailabletothepublicon the commission's website.

In addition, staff may communicate with a memberofthecommissionortheadvisorycommittee toclarifydirections -9- 1038 that were given to staff during a public meeting regarding the creation of a proposed plan, so long as staff makes a record of the content of the communication available to the public on the commission's website.

except that plans in -10- 1038 draft form and not submitted to the commission are not public records subject to disclosure.

The secretary of state shall publish onthesecretaryofstate'swebsiteorcomparablemeansofcommunicating with the public the names of such lobbyists, as well as the compensation -10- 1038 received and the persons or entities for whom they work within twenty-four hours of receiving such information.

The secretary of state shall adopt rules to facilitate the complete and prompt reporting required bythissubsection(4)(b)(III)aswellasacomplaintprocesstoaddressany lobbyist'sfailuretoreportafullandaccuratedisclosure.whichcomplaint must be heard by an administrative law judge, whose decision may be appealed to the court of appeals SECTION-11- 6.1038 SECTION6.

(3) (a) (I)ereafter(Thereafter FTER COMPLYING WITH SUBSECTIONS (1) AND (2)OF THIS SECTIO, the commission shall, to the extent reasonably possible, maximize the number of politically competitive districts.

(B) A T LEAST SEVENTY -TWO HOURS BEFORE ADOPTING A COMPOSITE FORMULA OR OTHER MEASURE OF COMPETITIVENESS ,THE COMMISSIONSHALLMAKETHECOMPOSITEFORMULAOROTHERMEASURE OFCOMPETITIVENESSAVAILABLETOTHEPUBLICANDSHALLPROVIDETHE PUBLIC SUFFICIENT TIME TO REVIEW AND COMMENT ON THE COMPOSITE -11- 1038 FORMULA .

(3) (c) When the commission approves a plan, the staff or -12- 1038 advisorycommitteeshall,withinseventy-twohoursofsuchaction,make publicly available, and include in the commission's record, a report to demonstrate how the plan reflects the evidence presented to, and the findings concerning, the extent to which competitiveness in district elections is fostered consistent with the other criteria set forth in this section.

(III) "IGHLY COMPETITIVE DISTRI"TMEANS A DISTRICT WITH A -12- 1038 COMPETITIVENESSMEASUREGREATERTHANOREQUALTONEGATIVEFIVE PERCENT AND LESS THAN OR EQUAL TO FIVE PERCE.T (IV) "M ARGIN OF VICTORY " MEANSMEANS, ,FORFOR AN ELECTION, THE DIFFERENCE BETWEEN THE PERCENTAGE OF VOTES CAST FOR THE CANDIDATE OF THE STATE 'S LARGEST POLITICAL PARTY AND THE PERCENTAGEOFVOTESCASTFORTHECANDIDATEOFTHESTATE SSECOND LARGEST POLITICAL PARTY.

-13- 1038 (V) "M ODERATELY COMPETITIVE DISTRICT"MEANS A DISTRICT WITHACOMPETITIVENESSMEASUREEITHERGREATERTHANFIVEPERCENT ANDLESSTHANOREQUALTOTENPERCENT ,ORLESSTHANNEGATIVEFIVE PERCENT AND GREATER THAN OR EQUAL TO NEGATIVE TEN PERCENT.

(5) Solongasthecommissionhascompliedwiththerequirements of subsections (1) through (4) of this section, iniAPPROVINGga adoptinga county commissioner redistricting plan, the commission may consider congressional districts, state house of representative districts, and state senate districts in orderinimize the number of necessary voting precincts in a county.

InColoradoRevisedStatutes,30-10-306.4,amend (1)(b), (1)(d), (1)(e),),(1(1)(g), and (2) as follows:

Deadlines for preparation, amendment, and -13- 1038 approval of plans.