Colorado 2018 Regular Session Status: Enacted

SCR 18-005 — Legislative Redistricting

Last action — Signed by the President of the Senate

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  1. ✓
    Introduced
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    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
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    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced April 18, 2018. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    4 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

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Summary

The concurrent resolution amends the state constitution to create the independent legislative redistricting commission (commission) to divide the state into state senate and state representative legislative districts. Specifically, the concurrent resolution: Specifies that the commission is appointed after each federal decennial census of the United States; Specifies that the commission consists of 12 members, 4 of whom must be registered with the state's largest political party, 4 of whom must be registered with the state's second largest political party, and 4 of whom must not be registered with any political party; Establishes the qualifications to serve on the commission and the method by which commissioners are appointed; Authorizes the commission to adopt rules and specifies how the commission is staffed, how the commission is funded, how the commission is organized, and sets forth the ethical obligations of the commissioners; Requires the commission to provide the opportunity for public involvement, including multiple hearings, the ability to propose maps, and to testify at commission hearings, and requires hearings to comply with state statutes regarding open meetings; Mandates that paid lobbying of the commission be disclosed to the secretary of state by the lobbyist within 72 hours of when the lobbying occurred or when the payment for lobbying occurred, whichever is earlier; Establishes prioritized factors for the commission to use in drawing districts, including federal requirements, the preservation of communities of interest and political subdivisions, and maximizing the number of competitive districts; Prohibits the commission from approving a map if it has been drawn for the purpose of protecting one or more members of or candidates for state legislative office or a political party, and codifies current federal law and related existing federal requirements prohibiting maps drawn for the purpose of or that results in the denial or abridgement of a person's right to vote or electoral influence on account of a person's race, ethnic origin, or membership in a protected language group; Requires at least 8 of the 12 commissioners, including at least 2 of the commissioners who are not registered with any political party, to approve a redistricting map and specifies the date by which a final map must be approved; Specifies that nonpartisan staff will draft a preliminary redistricting map and up to 3 additional maps, and, in the event of deadlock by the commission, creates a process by which nonpartisan staff submit a final map to the Supreme Court for review based on specified criteria; and Allows for judicial review of a commission approved or nonpartisan staff submitted redistricting map, and limits Supreme Court review to whether the commission or the staff committed an abuse of discretion.(Note: This summary applies to the reengrossed version of this concurrent resolution as introduced in the second house.) , Read More

Bill Text

What changed in the latest version

743 added · 796 removed

Plain-language change summary

The recent amendment to Bill SCR 18-005 changed the focus of the proposed resolution. Originally, it aimed to reform the existing legislative reapportionment commission by expanding it and setting specific qualifications and political affiliations for members. The updated version emphasizes ending political gerrymandering by creating a new, independent commission that is politically balanced and accountable to a broader group of voters, including those not affiliated with major parties. This change is significant because it seeks to ensure fair representation and reduce the influence of partisan interests in district drawing.

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Second Regular Session Seventy-first General Assembly STATE OF COLORADO REENGROSSED LLS NO.
Second Regular Session Seventy-first General Assembly STATE OF COLORADO ENGROSSED LLS NO.
R18-1186.01 Nicole Myers x4326 SCR18-005 SENATE SPONSORSHIP Grantham and Fenberg, Jahn HOUSE SPONSORSHIP Duran and Neville P., Senate Committees House Committees State, Veterans, & Military Affairs Legislative Council Appropriations SENATE CONCURRENT RESOLUTION 18-005 SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF C OLORADOANAMENDMENTTOTHE C OLORADOCONSTITUTION CONCERNING A CHANGE TO THE MANNER IN WHICH STATE SENATEANDSTATEHOUSEOFREPRESENTATIVESDISTRICTSARE DRAWN ,AND ,IN CONNECTION THEREWITH , REFORMING THE EXISTING LEGISLATIVE REAPPORTIONMENT COMMISSION BY n d 8 EXPANDING THE COMMISSION TO TWELVE MEMBERS AND E e 0 T d , AUTHORIZING THE APPOINTMENT OF MEMBERS WHO POSSESS N 3 3 S e r SPECIFIED QUALIFICATIONS ;
R18-1186.01 Nicole Myers x4326 SCR18-005 SENATE SPONSORSHIP Grantham and Fenberg, Jahn HOUSE SPONSORSHIP Duran and Neville P., Senate Committees House Committees State, Veterans, & Military Affairs Legislative Council Appropriations SENATE CONCURRENT RESOLUTION 18-005 SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF C OLORADOANAMENDMENTTOTHE C OLORADOCONSTITUTION CONCERNING LEGISLATIVE REDISTRICTING .
PROHIBITING ANY ONE POLITICAL n A e PARTY 'S CONTROL OF THE COMMISSION BY REQUIRING THAT A ONE -THIRDOFCOMMISSIONERSWILLNOTBEAFFILIATEDWITH ANY POLITICAL PARTY ,ONE -THIRD OF THE COMMISSIONERS e n WILL BE AFFILIATED WITH THE STATE 'S LARGEST POLITICAL m 1 T n 2 N g 7 Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
E d r Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
d A PARTY ,AND ONE THIRD OF THE COMMISSIONERS WILL BE AFFILIATED WITH THE STATE 'S SECOND LARGEST POLITICAL PARTY ;
PROHIBITING CERTAIN PERSONS , INCLUDING PROFESSIONAL LOBBYISTS , FEDERAL CAMPAIGN COMMITTEE EMPLOYEES ,AND FEDERAL , STATE, AND LOCAL ELECTED OFFICIALS, FROM SERVING ON THE COMMISSION ;
LIMITING JUDICIAL REVIEW OF A MAP TO A DETERMINATION BY THE SUPREME COURT OF WHETHER THE COMMISSION OR ITS NONPARTISAN STAFF COMMITTED AN ABUSE OF DISCRETION ;
REQUIRING THE COMMISSION TO DRAW STATE LEGISLATIVE DISTRICTS USING COMMUNITIES OF INTEREST AS WELL AS POLITICAL SUBDIVISIONS,SUCH AS CITIES AND COUNTIES,AND THEN TO MAXIMIZE THE NUMBER OF COMPETITIVE STATE LEGISLATIVE SEATS TO THE EXTENT POSSIBLE ;
AND PROHIBITING MAPS FROM BEING DRAWN TO DILUTE THE ELECTORAL INFLUENCE OF ANY RACIAL OR ETHNIC GROUP OR TO PROTECT ANY INCUMBENT ,ANY POLITICAL CANDIDATE ,OR ANY POLITICAL PARTY .
This summary applies tothisresolutionas introduced and doesnotreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthis resolution passes third reading in thehouse of introduction, a resolution summarythatappliestothereengrossedversionofthisresolutionwillbe available at http://leg.colorado.gov/.) The concurrent resolution amends the state constitution to create the independent legislative redistricting commission (commission) to divide the state into state senate and state representative legislative districts.
This summary applies to this resolution as introducedand doesnotreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthis resolution passes third reading in the house of introduction, aresolution summarythatappliestothereengrossedversionofthisresolutionwillbe available at http://leg.colorado.gov/.) The concurrent resolution amends the state constitution to create the independent legislative redistricting commission (commission) to divide the state into state senate and state representative legislative e districts.
! Specifies that the commission is appointed after each federal decennial census of the United States;
n ! Specifies that the commission is appointed after each m 1 T n 2 N g 7 Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
E d i Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
d A federal decennial census of the United States;
-2- 005 ! Establishes the qualifications to serve on the commission and the method by which commissioners are appointed;
! Establishes the qualifications to serve on the commission and the method by which commissioners are appointed;
and ! Allows for judicial review of a commission approved or nonpartisan staff submitted redistricting map, and limits Supreme Court review to whether the commission or the staff committed an abuse of discretion.
and ! Allows for judicial review of a commission approved or -2- 005 nonpartisan staff submitted redistricting map, and limits Supreme Court review to whether the commission or the staff committed an abuse of discretion.
BeItResolvedbytheSenateoftheSeventy-firstGeneralAssembly -3- 005 oftheStateofColorado,theHouseofRepresentativesconcurringherein:
BeItResolvedbytheSenateoftheSeventy-firstGeneralAssembly oftheStateofColorado,theHouseofRepresentativesconcurringherein:
Senatorial and representative districts - commissioncreated.(1) Declarationofthepeople.THEPEOPLEOFTHE STATE OF COLORADO FIND AND DECLARE THAT :
Senatorial and representative districts - commissioncreated.(1) Declarationofthepeople.T HEPEOPLEOFTHE STATE OF COLORADO FIND AND DECLARE THAT :
(a) THE PRACTICE OF POLITICAL GERRYMANDERING ,WHEREBY LEGISLATIVE DISTRICTS ARE PURPOSEFULLY DRAWN TO FAVOR ONE POLITICALPARTY OR INCUMBENT POLITICIAN OVERANOTHER ,MUST END;
(a) T HE PRACTICE OF POLITICAL GERRYMANDERING ,WHEREBY LEGISLATIVE DISTRICTS ARE PURPOSEFULLY DRAWN TO FAVOR ONE POLITICALPARTY OR INCUMBENT POLITICIAN OVERANOTHER ,MUST END ;
(b) T HE PUBLI'S INTEREST IN PROHIBITING POLITICAL GERRYMANDERING IS BEST ACHIEVED BY CREATING A NEW AND INDEPENDENT COMMISSION THAT IS POLITICALLY BALANCED ,PROVIDES REPRESENTATION TO VOTERS NOT AFFILIATED WITH EITHER OF THE STATE'STWOLARGESTPARTIES ,ANDUTILIZESNONPARTISANLEGISLATIVE STAFF TO DRAW MAPS ;
(b) T HE PUBLICS INTEREST IN PROHIBITING POLITICAL GERRYMANDERING IS BEST ACHIEVED BY CREATING A NEW AND INDEPENDENT COMMISSION THAT IS POLITICALLY BALANCED ,PROVIDES REPRESENTATION TO VOTERS NOT AFFILIATED WITH EITHER OF THE STATE STWOLARGESTPARTIES ,ANDUTILIZESNONPARTISANLEGISLATIVE STAFF TO DRAW MAPS ;
(c) THE REDISTRICTING COMMISSION SHOULD SET DISTRICT LINES BY ENSURING CONSTITUTIONALLY GUARANTEED VOTING RIGHTS , INCLUDING THE PROTECTION OF MINORITY GROUP VOTING ,AS WELL AS FAIR AND EFFECTIVE REPRESENTATION OF CONSTITUENTS USING POLITICALLY NEUTRAL CRITERIA;
(c) THE REDISTRICTING COMMISSION SHOULD SET DISTRICT LINES BY ENSURING CONSTITUTIONALLY GUARANTEED VOTING RIGHTS , INCLUDING THE PROTECTION OF MINORITY GROUP VOTING ,AS WELL AS FAIR AND EFFECTIVE REPRESENTATION OF CONSTITUENTS USING -3- 005 POLITICALLY NEUTRAL CRITERIA;
(d) C OMPETITIVE ELECTIONS FOR MEMBERS OF THE GENERAL ASSEMBLY PROVIDE VOTERS WITH A MEANINGFUL CHOICE AMONG CANDIDATES ,PROMOTE A HEALTHY DEMOCRACY ,HELP ENSURE THAT -4- 005 CONSTITUENTS RECEIVE FAIR AND EFFECTIVE REPRESENTATION ,AND CONTRIBUTE TO THE POLITICAL WELL -BEING OF KEY COMMUNITIES OF INTEREST AND POLITICAL SUBDIVISION;
(d) C OMPETITIVE ELECTIONS FOR MEMBERS OF THE GENERAL ASSEMBLY PROVIDE VOTERS WITH A MEANINGFUL CHOICE AMONG CANDIDATES ,PROMOTE A HEALTHY DEMOCRACY ,HELP ENSURE THAT CONSTITUENTS RECEIVE FAIR AND EFFECTIVE REPRESENTATION ,AND CONTRIBUTE TO THE POLITICAL WELL BEING OF KEY COMMUNITIES OF INTEREST AND POLITICAL SUBDIVISIO;S (e) FOR YEARS CERTAIN POLITICAL INTERESTS OPPOSED COMPETITIVE DISTRICTS INCOLORADO BECAUSE THEY ARE PRIMARILY CONCERNED ABOUT MAINTAINING THEIR OWN POLITICAL POWER AT THE EXPENSE OF FAIR AND EFFECTIVE REPRESENTATIO;AND (f) ITIZENSWANTANDDESERVEANINCLUSIVEANDMEANINGFUL LEGISLATIVE REDISTRICTING PROCESS THAT PROVIDES THE PUBLIC WITH THE ABILITY TO BE HEARD AS REDISTRICTING MAPS ARE DRAWN,TO BE ABLE TO WATCH THE WITNESSES WHO DELIVER TESTIMONY AND THE REDISTRICTING COMMISSION S DELIBERATIONS, AND TO HAVE THEIR WRITTEN COMMENTS CONSIDERED BEFORE ANY PROPOSED MAP IS VOTED UPON BY THE COMMISSION AS THE FINAL MA.
(e) FOR YEARS CERTAIN POLITICAL INTERESTS OPPOSED COMPETITIVE DISTRICTS INC OLORADO BECAUSE THEY ARE PRIMARILY CONCERNED ABOUT MAINTAINING THEIR OWN POLITICAL POWER AT THE EXPENSE OF FAIR AND EFFECTIVE REPRESENTATION;AND (f) CITIZENSWANTANDDESERVEANINCLUSIVEANDMEANINGFUL LEGISLATIVE REDISTRICTING PROCESS THAT PROVIDES THE PUBLIC WITH THE ABILITY TO BE HEARD AS REDISTRICTING MAPS ARE DRAWN ,TO BE ABLE TO WATCH THE WITNESSES WHO DELIVER TESTIMONY AND THE REDISTRICTING COMMISSION 'S DELIBERATIONS, AND TO HAVE THEIR WRITTEN COMMENTS CONSIDERED BEFORE ANY PROPOSED MAP IS VOTED UPON BY THE COMMISSION AS THE FINAL MAP.
(2) Legislativedistricts-commissioncreatedHEREISHEREBY CREATED THE INDEPENDENT LEGISLATIVE REDISTRICTING COMMISSION.
(2) Legislativedistricts-commissioncreated.TEREISHEREBY CREATED THE INDEPENDENT LEGISLATIVE REDISTRICTING COMMISSION .
The stateCOMMISSION shall be dividDIVIDE THE STATEinto as many senatorial and representative districts as there are members of the senate and house of representatives respectively.
The stateCOMMISSION shall be divideDIVIDE THE STATEinto as many senatorial and representative districts as there are members of the senate and house of representatives respectively.
each district in each house having a population as nearly equal as may be, as required by the constitution of the United States, but in no event shall therebe morethan five percent deviation between the most populous and the least populous district in each house.
each district in each house having a population as nearly equal as may be, as required by the constitution of the United States, butin no event shall therebe more than five percent deviation between the most populous and the least populous district in each house.
-4- 005 (3) Definitions.S USED IN THIS SECTION AND IN SECTIO47 THROUGH 48.4OF THIS ARTICLEV, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(3) Definitions.
(a) "COMMISSION " MEANS THE INDEPENDENT LEGISLATIVE REDISTRICTINGCOMMISSIONCREATEDINSUBSECTION (2)OFTHISSECTION.
A USED IN THIS SECTION AND IN SECTION47 THROUGH 48.4 OF THIS ARTICLEV, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(b) (I) "COMMUNITY OF INTEREST " MEANS ANY GROUP IN C OLORADO THAT SHARES ONE OR MORE SUBSTANTIAL INTERESTS THAT MAY BE THE SUBJECT OF STATE LEGISLATIVE ACTI,IS COMPOSED OF A REASONABLYPROXIMATEPOPULATION ,ANDTHUSSHOULDBECONSIDERED FORINCLUSIONWITHINASINGLEDISTRICTFORPURPOSESOFENSURINGITS FAIR AND EFFECTIVE REPRESENTATIO.
(a) "COMMISSION " MEANS THE INDEPENDENT LEGISLATIVE -5- 005 REDISTRICTINGCOMMISSIONCREATEDINSUBSECTION (2)OFTHISSECTION.
(b) (I) "C OMMUNITY OF INTEREST " MEANS ANY GROUP IN C OLORADO THAT SHARES ONE OR MORE SUBSTANTIAL INTERESTS THAT MAY BE THE SUBJECT OF STATE LEGISLATIVE ACTI,IS COMPOSED OF A REASONABLYPROXIMATEPOPULATION ,ANDTHUSSHOULDBECONSIDERED FORINCLUSIONWITHINASINGLEDISTRICTFORPURPOSESOFENSURINGITS FAIR AND EFFECTIVE REPRESENTATION.
(A) S HARED PUBLIC POLICY CONCERNS OF URBAN , RURAL, AGRICULTURAL ,INDUSTRIAL,OR TRADE AREAS ;AND (B) S HARED PUBLIC POLICY CONCERNS SUCH AS EDUCATION , EMPLOYMENT ,ENVIRONMENT ,PUBLICHEALTH TRANSPORTATION ,WATER NEEDS AND SUPPLIES , AND ISSUES OF DEMONSTRABLE REGIONAL SIGNIFICANCE.
(A) SHARED PUBLIC POLICY CONCERNS OF URBAN , RURAL , AGRICULTURAL ,INDUSTRIAL,OR TRADE AREAS;AND (B) S HARED PUBLIC POLICY CONCERNS SUCH AS EDUCATION , EMPLOYMENT ENVIRONMENT ,PUBLICHEALTH ,TRANSPORTATION WATER NEEDS AND SUPPLIES , AND ISSUES OF DEMONSTRABLE REGIONAL SIGNIFICANCE.
(III) GROUPS THAT MAY COMPRISE A COMMUNITY OF INTEREST INCLUDERACIAL ,ETHNIC,ANDLANGUAGEMINORITYGROUPS ,SUBJECTTO COMPLIANCE WITH SUBSECTIONS (1)(bAND (4)(b)OF SECTION48.1 OF THIS ARTICLEV,WHICH SUBSECTIONS PROTECT AGAINST THE DENIAL OR ABRIDGEMENT OF THE RIGHT TO VOTE DUE TO A PERSON S RACE OR LANGUAGE MINORITY GROUP .
(III) GOUPS THAT MAY COMPRISE A COMMUNITY OF INTEREST INCLUDERACIAL ,ETHNIC,ANDLANGUAGEMINORITYGROUPS ,SUBJECTTO COMPLIANCE WITH SUBSECTIONS (1)(b)AND (4)(bOF SECTION 48.1OF THIS ARTICLEV,WHICH SUBSECTIONS PROTECT AGAINST THE DENIAL OR ABRIDGEMENT OF THE RIGHT TO VOTE DUE TO A PERSON 'S RACE OR LANGUAGE MINORITY GROUP .
(IV) "COMMUNITY OF INTEREST" DOES NOT INCLUDE RELATIONSHIPS WITH POLITICAL PARTIE, INCUMBENTS ,OR POLITICAL CANDIDATES .
(IV) "C OMMUNITY OF INTEREST" DOES NOT INCLUDE RELATIONSHIPS WITH POLITICAL PARTIE,INCUMBENTS , OR POLITICAL -5- 005 CANDIDATES .
(c) "RACE"OR "RACIAL"MEANS A CATEGORY OFRACE OR ETHNIC ORIGIN DOCUMENTED IN THE FEDERAL DECENNIAL CENSUS.
(c) "RACE"OR "RACIAL"MEANS A CATEGORY OF RACE OR ETHNIC ORIGIN DOCUMENTED IN THE FEDERAL DECENNIAL CENSUS.
(d) "REDISTRICTING YEAR" MEANS THE YEAR FOLLOWING THE -6- 005 YEAR IN WHICH THE FEDERAL DECENNIAL CENSUS IS TAKE.
(d) "R EDISTRICTING YEA" MEANS THE YEAR FOLLOWING THE YEAR IN WHICH THE FEDERAL DECENNIAL CENSUS IS TAKE.
(b) COMMISSIONERSMUSTEITHERHAVEBEENUNAFFILIATEDWITH ANY POLITICAL PARTY OR HAVE BEEN AFFILIATED WITH THE SAME POLITICAL PARTY FOR A CONSECUTIVE PERIOD OF NO LESS THAN FIVE YEARS AT THE TIME OF THE APPLICATI;AND (c) NO PERSON MAY BE APPOINTED TO OR SERVE ON THE COMMISSION IF HE OR SH:
(b) COMMISSIONERSMUSTEITHERHAVEBEENUNAFFILIATEDWITH ANY POLITICAL PARTY OR HAVE BEEN AFFILIATED WITH THE SAME POLITICAL PARTY FOR A CONSECUTIVE PERIOD OF NO LESS THAN FIVE -6- 005 YEARS AT THE TIME OF THE APPLICATI;AND (c) NO PERSON MAY BE APPOINTED TO OR SERVE ON THE COMMISSION IF HE OR SH:
(I) I OR HAS BEEN A CANDIDATE FOR THE GENERAL ASSEMBLY -7- 005 WITHIN THE LAST FIVE YEARS PRECEDING THE DATE ON WHICH APPLICATIONS FOR APPOINTMENT TO THE COMMISSION ARE DUE UNDER SUBSECTION (4)OF THIS SECTI;N (II) I OR HAS BEE,WITHIN THE LAST THREE YEARS PRECEDING THE DATE ON WHICH APPLICATIONS FOR APPOINTMENT TO THE COMMISSION ARE DUE UNDER SUBSECTION (4) OF THIS SECTION , COMPENSATED BY A MEMBER OF , OR A CAMPAIGN COMMITTEE ADVOCATING THE ELECTION OF A CANDIDATE TO , THE GENERAL ASSEMBLY ;
(I) I OR HAS BEEN A CANDIDATE FOR THE GENERAL ASSEMBLY WITHIN THE LAST FIVE YEARS PRECEDING THE DATE ON WHICH APPLICATIONS FOR APPOINTMENT TO THE COMMISSION ARE DUE UNDER SUBSECTION (4)OF THIS SECTI;N (II) S OR HAS BEE,WITHIN THE LAST THREE YEARS PRECEDING THE DATE ON WHICH APPLICATIONS FOR APPOINTMENT TO THE COMMISSION ARE DUE UNDER SUBSECTION (4) OF THIS SECTION , COMPENSATED BY A MEMBER OF , OR A CAMPAIGN COMMITTEE ADVOCATING THE ELECTION OF A CANDIDATE TO , THE GENERAL ASSEMBLY ;
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(IV) I OR HAS BEE,WITHIN THE LAST THREE YEARS PRECEDING THE DATE ON WHICH APPLICATIONS FOR APPOINTMENT TO THE COMMISSION ARE DUE UNDER SUBSECTION (4) OF THIS SECTIO, AN ELECTED POLITICAL PARTY OFFICIAL ABOVE THE PRECINCT LEVEL IN C OLORADO OR AN EMPLOYEE OF A POLITICAL PART;
(IV) S OR HAS BEE,WITHIN THE LAST THREE YEARS PRECEDING THE DATE ON WHICH APPLICATIONS FOR APPOINTMENT TO THE COMMISSION ARE DUE UNDER SUBSECTION (4) OF THIS SECTIO, AN ELECTED POLITICAL PARTY OFFICIAL ABOVE THE PRECINCT LEVEL IN C OLORADO OR AN EMPLOYEE OF A POLITICAL PART;
(V) IAMEMBEROFTHECOMMISSIONRESPONSIBLEFORDIVIDING THE STATE INTO CONGRESSIONAL DISTRICT;OR (VI) I OR HAS BEEN A PROFESSIONAL LOBBYIST REGISTERED TO LOBBY WITH THE STATE OF COLORADO , WITH ANY MUNICIPALITY IN C OLORADO ,OR AT THE FEDERAL LEVEL WITHIN THE LAST THREE YEARS PRECEDINGTHEDATEONWHICHAPPLICATIONSFORAPPOINTMENTTOTHE COMMISSION ARE DUE UNDER SUBSECTION (4)OF THIS SECTI.N (3) (a) BA UGUST 10OF THE YEAR PRIOR TO THE REDISTRICTING -8- 005 YEAR ,NONPARTISANSTAFFSHALL ,AFTER HOLDING ONE ORMORE PUBLIC HEARINGS PREPAREANAPPLICATIONFORMTHATWILLALLOWAPPOINTING AUTHORITIESTOEVALUATEAPERSON SEXPERIENCEANDQUALIFICATIONS AND MAKE SUCH APPLICATION AVAILABLE ON THE GENERAL ASSEMBLYS WEBSITE ORCOMPARABLE MEANSOFCOMMUNICATINGWITHTHE PUBLIC .
(V) IAMEMBEROFTHECOMMISSIONRESPONSIBLEFORDIVIDING THE STATE INTO CONGRESSIONAL DISTRICT;OR (VI) I OR HAS BEEN A PROFESSIONAL LOBBYIST REGISTERED TO LOBBY WITH THE STATE OF COLORADO ,WITH ANY MUNICIPALITY IN -7- 005 C OLORADO ,OR AT THE FEDERAL LEVEL WITHIN THE LAST THREE YEARS PRECEDINGTHEDATEONWHICHAPPLICATIONSFORAPPOINTMENTTOTHE COMMISSION ARE DUE UNDER SUBSECTION (4)OF THIS SECTI.N (3) (a) BA UGUST 10OF THE YEAR PRIOR TO THE REDISTRICTING YEAR ,NONPARTISAN STAFFSHALL,AFTER HOLDINGONE ORMORE PUBLIC HEARINGS,PREPAREANAPPLICATIONFORMTHATWILLALLOWAPPOINTING AUTHORITIESTOEVALUATEAPERSON SEXPERIENCEANDQUALIFICATIONS AND MAKE SUCH APPLICATION AVAILABLE ON THE GENERAL ASSEMBLYS WEBSITE ORCOMPARABLE MEANSOFCOMMUNICATINGWITHTHE PUBLIC .
ALL APPLICATIONS ARE PUBLIC RECORDS AND MUST BE POSTED PROMPTLY AFTER RECEIPT ON THE GENERAL ASSEMBLYS WEBSITE OR COMPARABLE MEANS OF COMMUNICATING WITH THE PUBLIC.
ALL -8- 005 APPLICATIONS ARE PUBLIC RECORDS AND MUST BE POSTED PROMPTLY AFTER RECEIPT ON THE GENERAL ASSEMBLYS WEBSITE OR COMPARABLE MEANS OF COMMUNICATING WITH THE PUBLIC.
(5) (a) N LATER THANJANUARY 5OF THE REDISTRICTING YEA, -9- 005 THECHIEFJUSTICEOFTHE C OLORADOSUPREMECOURTSHALLDESIGNATE APANELTOREVIEWTHEAPPLICATIONS .THEPANELMUSTCONSISTOFTHE THREE JUSTICES OR JUDGES WHO MOST RECENTLY RETIRED FROM THE C OLORADO SUPREME COURT OR THE COLORADO COURT OF APPEALS , APPOINTEDSEQUENTIALLYSTARTINGWITHTHEMOSTRECENTJUSTICEOR JUDGE TO RETIRE WHO HAS BEEN AFFILIATED WITH THE SAME POLITICAL PARTYORUNAFFILIATEDWITHANYPOLITICALPARTYFORTHETWOYEARS PRIORTOAPPOINTMENT EXCEPTTHATNOAPPOINTEE WITHINTWOYEARS PRIOR TO APPOINTMENT,SHALL HAVE BEEN AFFILIATED WITH THE SAME POLITICAL PARTY AS A JUSTICE OR JUDGE ALREADY APPOINTED TO THE PANEL .F ANY OF THE THREE JUSTICES OR JUDGES WHO MOST RECENTLY RETIRED FROM THE COLORADO SUPREME COURT OR THE COLORADO COURT OFAPPEALS IS UNABLE OR UNWILLING TO SERVE ONTHE PANELOR HAS BEEN AFFILIATED WITHIN TWO YEARS PRIOR TO APPOINTMENT WITH A POLITICAL PARTY ALREADY REPRESENTED ON THE PANEL ,THEN THE CHIEF JUSTICE SHALL APPOINT THE NEXT JUSTICE OR JUDGE WHO MOST RECENTLY RETIRED FROM THE COLORADO SUPREME COURT OR THE C OLORADO COURT OF APPEALS AND WHO HAS NOT BEEN AFFILIATED WITHIN TWO YEARS PRIOR TO APPOINTMENT WITH THE SAME POLITICAL PARTY AS ANY JUSTICE OR JUDGE ALREADY APPOINTED TO THE PA.IF, AFTERCONSIDERINGALLJUSTICESANDJUDGESWHOHAVERETIREDFROM THE COLORADOSUPREMECOURTANDTHE C OLORADOCOURTOFAPPEALS , FEWER THAN THREE ELIGIBLE PARTICIPANTS FOR THE PANEL HAVE BEEN IDENTIFIED WHO ARE ABLE AND WILLING TO SERV,THE CHIEF JUSTICE SHALLAPPOINTTHEMOSTRECENTLYRETIREDDISTRICTCOURTJUDGEWHO HAS NOT BEEN AFFILIATED WITHIN TWO YEARS PRIOR TO APPOINTMENT WITH THE SAME POLITICAL PARTY AS ANY PREVIOUS APPOINTEE TO THE -10- 005 PANEL AND WHO ACCEPTS SUCH APPOINTMENT .
(5) (a) N LATER THANJANUARY 5OF THE REDISTRICTING YEA, THECHIEFJUSTICEOFTHE COLORADOSUPREMECOURTSHALLDESIGNATE APANELTOREVIEWTHEAPPLICATIONS .THEPANELMUSTCONSISTOFTHE THREE JUSTICES OR JUDGES WHO MOST RECENTLY RETIRED FROM THE C OLORADO SUPREME COURT OR THE COLORADO COURT OF APPEALS , APPOINTEDSEQUENTIALLYSTARTINGWITHTHEMOSTRECENTJUSTICEOR JUDGE TO RETIRE WHO HAS BEEN AFFILIATED WITH THE SAME POLITICAL PARTYORUNAFFILIATEDWITHANYPOLITICALPARTYFORTHETWOYEARS PRIORTOAPPOINTMENT EXCEPTTHATNOAPPOINTEE WITHINTWOYEARS PRIOR TO APPOINTMENT,SHALL HAVE BEEN AFFILIATED WITH THE SAME POLITICAL PARTY AS A JUSTICE OR JUDGE ALREADY APPOINTED TO THE PANEL .F ANY OF THE THREE JUSTICES OR JUDGES WHO MOST RECENTLY RETIRED FROM THE COLORADO SUPREME COURT OR THE COLORADO COURT OFAPPEALS IS UNABLE ORUNWILLING TO SERVE ON THE PANELOR HAS BEEN AFFILIATED WITHIN TWO YEARS PRIOR TO APPOINTMENT WITH A POLITICAL PARTY ALREADY REPRESENTED ON THE PANEL ,THEN THE CHIEF JUSTICE SHALL APPOINT THE NEXT JUSTICE OR JUDGE WHO MOST RECENTLY RETIRED FROM THE COLORADO SUPREME COURT OR THE C OLORADO COURT OF APPEALS AND WHO HAS NOT BEEN AFFILIATED WITHIN TWO YEARS PRIOR TO APPOINTMENT WITH THE SAME POLITICAL PARTY AS ANY JUSTICE OR JUDGE ALREADY APPOINTED TO THE PA.IF, AFTERCONSIDERINGALLJUSTICESANDJUDGESWHOHAVERETIREDFROM THE COLORADOSUPREMECOURTANDTHE C OLORADOCOURTOFAPPEALS , FEWER THAN THREE ELIGIBLE PARTICIPANTS FOR THE PANEL HAVE BEEN -9- 005 IDENTIFIED WHO ARE ABLE AND WILLING TO SERVE,THE CHIEF JUSTICE SHALLAPPOINTTHEMOSTRECENTLYRETIREDDISTRICTCOURTJUDGEWHO HAS NOT BEEN AFFILIATED WITHIN TWO YEARS PRIOR TO APPOINTMENT WITH THE SAME POLITICAL PARTY AS ANY PREVIOUS APPOINTEE TO THE PANEL AND WHO ACCEPTS SUCH APPOINTMENT .
(b) A LL DECISIONS OF THE PANEL REGARDING THE SELECTION OF APPLICANTS PURSUANT TO THIS SECTION REQUIRE THE AFFIRMATIVE APPROVAL OF ALL THREE MEMBERS OF THE PANEL .
(b) ALL DECISIONS OF THE PANEL REGARDING THE SELECTION OF APPLICANTS PURSUANT TO THIS SECTION REQUIRE THE AFFIRMATIVE APPROVAL OF ALL THREE MEMBERS OF THE PANEL.
(c) T HE GENERAL ASSEMBLY SHALL PRESCRIBE BY LAW THE COMPENSATION OF MEMBERS OF THE PANEL .N ONPARTISAN STAFF SHALL ASSIST THE PANEL IN CARRYING OUT ITS DUTI.S (6) A FTER APPLICATIONS ARE SUBMITTED,NONPARTISAN STAFF , WITH THE COOPERATION AND ASSISTANCE OF THE SECRETARY OF STATE , SHALL MAKE AN OBJECTIVE AND FACTUAL FINDING BASED ON ,TO THE EXTENT POSSIBLE , PUBLICLY AVAILABLE INFORMATION , INCLUDING INFORMATION CONTAINED IN THE APPLICATION AND INFORMATION CONTAINED WITHIN THE RECORDS MAINTAINED BY THE SECRETARY OF STATE WHETHEREACHAPPLICANTMEETSTHEQUALIFICATIONSSPECIFIED IN SUBSECTION(2)OFTHISSECTION .N OLATERTHAN JANUARY 11OFTHE REDISTRICTING YEAR ,NONPARTISAN STAFF SHALL MAKE ITS FINDINGS PUBLICLY AVAILABLE , AND NOTIFY THE APPLICANTS OF THE STAFF S FINDING.
(c) T HE GENERAL ASSEMBLY SHALL PRESCRIBE BY LAW THE COMPENSATION OF MEMBERS OF THE PANEL .NONPARTISAN STAFF SHALL ASSIST THE PANEL IN CARRYING OUT ITS DUTI.S (6) AFTER APPLICATIONS ARE SUBMITTED,NONPARTISAN STAFF , WITH THE COOPERATION AND ASSISTANCE OF THE SECRETARY OF STATE, SHALL MAKE AN OBJECTIVE AND FACTUAL FINDING BASED ON ,TO THE EXTENT POSSIBLE , PUBLICLY AVAILABLE INFORMATION , INCLUDING INFORMATION CONTAINED IN THE APPLICATION AND INFORMATION CONTAINED WITHIN THE RECORDS MAINTAINED BY THE SECRETARY OF STATE WHETHEREACHAPPLICANTMEETSTHEQUALIFICATIONSSPECIFIED INSUBSECTION (2)OFTHISSECTION .NOLATERTHAN JANUARY 11 OFTHE REDISTRICTING YEAR, NONPARTISAN STAFF SHALL MAKE ITS FINDINGS PUBLICLY AVAILABLE , AND NOTIFY THE APPLICANTS OF THE STAFF 'S FINDING.
F THE STAFF FINDS THAT AN APPLICANT IS NOT ELIGI,THEN THE STAFF SHALL INCLUDE THE REASONS IN ITS FINDI.G (7) BY JANUARY 25OF THE REDISTRICTING YEAR,THE PANEL,IN A PUBLIC MEETING,SHALL RANDOMLY SELECT BY LOT FROM ALL OF THE APPLICANTS WHO WERE FOUND TO MEET THE QUALIFICATIONS SPECIFIED IN SUBSECTION (2) OF THIS SECTION THE NAMES OF THREE HUNDRED APPLICANTS WHO ARE AFFILIATED WITH THE STATES LARGEST POLITICAL -11- 005 PARTY ,THREE HUNDRED APPLICANTS WHO ARE AFFILIATED WITH THE STATE S SECOND LARGEST POLITICAL PART,AND FOUR HUNDRED FIFTY APPLICANTS WHO ARE NOT AFFILIATED WITH ANY POLITICAL PART,OR SUCH LESSER NUMBER AS THERE ARE TOTAL APPLICANTS WHO MEET THE QUALIFICATIONSSPECIFIEDINSUBSECTION (2)OFTHISSECTIONFOREACH OF THOSE GROUPS.
F THE STAFF FINDS THAT AN APPLICANT IS NOT ELIG,THEN THE STAFF SHALL INCLUDE THE REASONS IN ITS FIND.NG (7) BY JANUARY 25OF THE REDISTRICTING YEA,THE PANEL ,IN -10- 005 A PUBLIC MEETING,SHALL RANDOMLY SELECT BY LOT FROM ALL OF THE APPLICANTS WHO WERE FOUND TO MEET THE QUALIFICATIONS SPECIFIED IN SUBSECTION (2)OF THIS SECTION THE NAMES OF THREE HUNDRED APPLICANTS WHO ARE AFFILIATED WITH THE STATS LARGEST POLITICAL PARTY ,THREE HUNDRED APPLICANTS WHO ARE AFFILIATED WITH THE STATE S SECOND LARGEST POLITICAL PARTY,AND FOUR HUNDRED FIFTY APPLICANTS WHO ARE NOT AFFILIATED WITH ANY POLITICAL PARTY,OR SUCH LESSER NUMBER AS THERE ARE TOTAL APPLICANTS WHO MEET THE QUALIFICATIONSSPECIFIEDINSUBSECTION (2)OFTHISSECTIONFOREACH OF THOSE GROUPS .
(8) (a) I ONE OR MORE PUBLIC HEARINGS CONDUCTED ON OR BEFORE FEBRUARY 15 OF THE REDISTRICTING YEA,AFTER REVIEWING THE APPLICATIONS OF THE APPLICANTS SELECTED IN ACCORDANCE WITH SUBSECTION (7) OF THIS SECTIO, THE PANEL SHALL IDENTIFY FIFTY APPLICANTS WHO ARE AFFILIATED WITH THE STATS LARGEST POLITICAL PARTY ,FIFTYAPPLICANTSWHOAREIDENTIFIEDWITHTHESTATE SSECOND LARGEST POLITICAL PARTY , AND FIFTY APPLICANTS WHO ARE UNAFFILIATEDWITHANYPOLITICALPARTYANDWHOBESTDEMONSTRATE :
(8) (a) I ONE OR MORE PUBLIC HEARINGS CONDUCTED ON OR BEFORE F EBRUARY 15 OF THE REDISTRICTING YEAR,AFTER REVIEWING THE APPLICATIONS OF THE APPLICANTS SELECTED IN ACCORDANCE WITH SUBSECTION (7)OF THIS SECTION,THE PANEL SHALL IDENTIFY FIFTY APPLICANTS WHO ARE AFFILIATED WITH THE STATS LARGEST POLITICAL PARTY ,FIFTYAPPLICANTSWHOAREIDENTIFIEDWITHTHESTATE SSECOND LARGEST POLITICAL PARTY , AND FIFTY APPLICANTS WHO ARE UNAFFILIATEDWITHANYPOLITICALPARTYANDWHOBESTDEMONSTRATE :
(I) EPERIENCEINORGANIZING ,REPRESENTING,ADVOCATINGFOR , ADJUDICATING THE INTERESTS OF ,OR ACTIVELY PARTICIPATING IN GROUPS ,ORGANIZATIONS ,OR ASSOCIATIONS ICOLORADO ;AND (II) RELEVANT ANALYTICAL SKILLS , THE ABILITY TO BE IMPARTIAL, AND THE ABILITY TO PROMOTE CONSENSUS ON THE COMMISSION .
(I) XPERIENCEINORGANIZING ,REPRESENTING ADVOCATINGFOR , ADJUDICATING THE INTERESTS OF ,OR ACTIVELY PARTICIPATING IN GROUPS ,ORGANIZATIONS ,OR ASSOCIATIONS INCOLORADO ;AND (II) R ELEVANT ANALYTICAL SKILLS , THE ABILITY TO BE IMPARTIAL ,AND THE ABILITY TO PROMOTE CONSENSUS ON THE COMMISSION .
(b) NO LATER THAN FEBRUARY 15OF THE REDISTRICTING YEA, FROMTHEAPPLICANTSIDENTIFIEDINSUBSECTION (8)(aOFTHISSECTION, THE PANEL SHALL CHOOSE BY LOT SIX APPLICANTS TO SERVE ON THE COMMISSION AS FOLLOWS :
(b) NO LATER THAN FEBRUARY 15 OF THE REDISTRICTING YEA, FROMTHEAPPLICANTSIDENTIFIEDINSUBSECTION (8)(aOFTHISSECTION , THE PANEL SHALL CHOOSE BY LOT SIX APPLICANTS TO SERVE ON THE -11- 005 COMMISSION AS FOLLOWS :
(II) TOCOMMISSIONERSWHOAREAFFILIATEDWITHTHESTATE S -12- 005 LARGEST POLITICAL PARTY;AND (III) TOCOMMISSIONERSWHOAREAFFILIATEDWITHTHESTATE S SECOND LARGEST POLITICAL PARTY.
(II) TOCOMMISSIONERSWHOAREAFFILIATEDWITHTHESTATE S LARGEST POLITICAL PARTY;AND (III) TCOMMISSIONERSWHOAREAFFILIATEDWITHTHESTATE S SECOND LARGEST POLITICAL PARTY.
(c) I THE PROCESS OF CHOOSING APPLICANTS BY LOT FOR APPOINTMENT TO THE COMMISSION , NO APPLICANT WHOSE NAME IS CHOSEN MAY BE APPOINTED IF HE OR SHE IS REGISTERED TO VOTE IN A CONGRESSIONAL DISTRICT THAT IS ALREADY REPRESENTED ON THE COMMISSION ;EXCEPT THAT,WHEN ALL THEN -EXISTING CONGRESSIONAL DISTRICTS INC OLORADO ARE REPRESENTED ON THE COMMISSION , A CONGRESSIONAL DISTRICT MAY BE REPRESENTED BY A SECOND COMMISSIONER .N O CONGRESSIONAL DISTRICT MAY BE REPRESENTED BY MORE THAN TWO COMMISSIONERS .
(c) N THE PROCESS OF CHOOSING APPLICANTS BY LOT FOR APPOINTMENT TO THE COMMISSION ,NO APPLICANT WHOSE NAME IS CHOSEN MAY BE APPOINTED IF HE OR SHE IS REGISTERED TO VOTE IN A CONGRESSIONAL DISTRICT THAT IS ALREADY REPRESENTED ON THE COMMISSION ;EXCEPT THAT,WHEN ALL THEN-EXISTING CONGRESSIONAL DISTRICTS INC OLORADO ARE REPRESENTED ON THE COMMISSION ,A CONGRESSIONAL DISTRICT MAY BE REPRESENTED BY A SECOND COMMISSIONER .NO CONGRESSIONAL DISTRICT MAY BE REPRESENTED BY MORE THAN TWO COMMISSIONERS .
ANY PERSONS WHOSE NAMES ARE CHOSEN BUT DUPLICATE A CONGRESSIONAL DISTRIC'S REPRESENTATION ONTHECOMMISSIONANDARENOTAPPOINTEDTOTHECOMMISSIONSHALL BE ELIGIBLE FOR APPOINTMENT PURSUANT TO SUBSECTION(9)AND (10) OF THIS SECTIO.
ANY PERSONS WHOSE NAMES ARE CHOSEN BUT DUPLICATE A CONGRESSIONAL DISTRICS REPRESENTATION ONTHECOMMISSIONANDARENOTAPPOINTEDTOTHECOMMISSIONSHALL BE ELIGIBLE FOR APPOINTMENT PURSUANT TO SUBSECTION(9)AND (10) OF THIS SECTIO.
(9) (a) BY F EBRUARY 16 OF THE REDISTRICTING YEAR, THE MAJORITY LEADER OF THE STATE SENATE,THE MINORITY LEADER OF THE STATE SENATE , THE MAJORITY LEADER OF THE STATE HOUSE OF REPRESENTATIVES ,AND THE MINORITY LEADER OF THE STATE HOUSE OF REPRESENTATIVES SHALL EACH SELECT A POOL OF TEN APPLICANTS WHO ARE AFFILIATED WITH ONE OF THE STATE S TWO LARGEST POLITICAL PARTIESFROMALLAPPLICATIONSSUBMITTEDTONONPARTISANSTAFFAND NOTIFY THE PANEL OF THEIR SELECTIO.S (b) AS DETERMINED BY THE LEGISLATIVE LEADERS IN SELECTING THEIR RESPECTIVE POOLS,THE APPLICANTS SELECTED FOR EACH POOL MUST MEET THE QUALIFICATIONS SET FORTH IN SUBSECTIO(2)OF THIS -13- 005 SECTIONANDDEMONSTRATETHEQUALITIESLISTEDINSUBSECTION (8)(a) OF THIS SECTION.
(9) (a) BY FEBRUARY 16 OF THE REDISTRICTING YEAR, THE MAJORITY LEADER OF THE STATE SENAT,THE MINORITY LEADER OF THE STATE SENATE , THE MAJORITY LEADER OF THE STATE HOUSE OF REPRESENTATIVES ,AND THE MINORITY LEADER OF THE STATE HOUSE OF REPRESENTATIVES SHALL EACH SELECT A POOL OF TEN APPLICANTS WHO ARE AFFILIATED WITH ONE OF THE STATE S TWO LARGEST POLITICAL PARTIESFROMALLAPPLICATIONSSUBMITTEDTONONPARTISANSTAFFAND -12- 005 NOTIFY THE PANEL OF THEIR SELECTIONS.
(c) FOR EACH CONGRESSIONAL DISTRICT NOT REPRESENTED BY A COMMISSIONER APPOINTEDPURSUANT TO SUBSECTIONS (8)(bAND (8)(c) OF THIS SECTIO,EACH POOL MUST CONSIST OFAT LEAST ONE APPLICANT WHO IS REGISTERED TO VOTE IN THAT CONGRESSIONAL DISTRIC.
(b) A S DETERMINED BY THE LEGISLATIVE LEADERS IN SELECTING THEIR RESPECTIVE POOLS ,THE APPLICANTS SELECTED FOR EACH POOL MUST MEET THE QUALIFICATIONS SET FORTH IN SUBSECTION (2)OF THIS SECTIONANDDEMONSTRATETHEQUALITIESLISTEDINSUBSECTION (8)(a) OF THIS SECTION.
(d) I THERE IS AN INSUFFICIENT NUMBER OF AVAILABLE APPLICANTSTHATMEETTHEREQUIREMENTSOFSUBSECTION (9)(bOFTHIS SECTION TO SELECT ANY COMPLETE POOL,THEN THE POOL MUST CONSIST OF ONLY THOSE APPLICANTS WHO MEET THOSE REQUIREMENTS .
(c) FOR EACH CONGRESSIONAL DISTRICT NOT REPRESENTED BY A COMMISSIONER APPOINTED PURSUANT TOSUBSECTIONS (8)(b)AND (8)(c) OF THIS SECTION,EACH POOLMUST CONSIST OF AT LEAST ONE APPLICANT WHO IS REGISTERED TO VOTE IN THAT CONGRESSIONAL DISTRICT.
(10) B YM ARCH 16OF THE REDISTRICTING YEAR,THE PANEL OF JUDGES SHALL SELECT ,IN SUCH ORDER AS THE PANEL DETERMINES,ONE COMMISSIONER FROM EACH LEGISLATIVE LEADER S POOL OF APPLICANTS AND TWO COMMISSIONERS FROM THOSE APPLICANTS WHO ARE NOT AFFILIATED WITH ANY POLITICAL PARTY AND WHOSE NAMES WERE RANDOMLY SELECTED BY LOT PURSUANT TO SUBSECTION (7)OF THIS SECTION .
(d) I THERE IS AN INSUFFICIENT NUMBER OF AVAILABLE APPLICANTSTHATMEETTHEREQUIREMENTSOFSUBSECTION (9)(b)OFTHIS SECTION TO SELECT ANY COMPLETE POOL ,THEN THE POOL MUST CONSIST OF ONLY THOSE APPLICANTS WHO MEET THOSE REQUIREMENTS .
HE PANEL OF JUDGES MUST ENSURE THAT THE COMMISSION INCLUDES FOUR COMMISSIONERS WHO ARE NOT AFFILIATED WITH ANY POLITICALPARTY ,FOUR COMMISSIONERS WHO ARE AFFILIATED WITH THE STATE SLARGESTPOLITICALPARTY ,ANDFOURCOMMISSIONERSWHOARE AFFILIATED WITH THE STATES SECOND LARGEST POLITICAL PARTY.
(10) B Y MARCH 16OF THE REDISTRICTING YEAR ,THE PANEL OF JUDGES SHALL SELECT ,IN SUCH ORDER AS THE PANEL DETERMINES,ONE COMMISSIONER FROM EACH LEGISLATIVE LEADER S POOL OF APPLICANTS AND TWO COMMISSIONERS FROM THOSE APPLICANTS WHO ARE NOT AFFILIATED WITH ANY POLITICAL PARTY AND WHOSE NAMES WERE RANDOMLY SELECTED BY LOT PURSUANT TO SUBSECTION (7)OF THIS SECTION .
HE PANEL OF JUDGES MUST ENSURE THAT THE COMMISSION INCLUDES FOUR COMMISSIONERS WHO ARE NOT AFFILIATED WITH ANY POLITICALPARTY ,FOUR COMMISSIONERS WHO ARE AFFILIATED WITH THE STATE SLARGESTPOLITICALPARTY ANDFOURCOMMISSIONERSWHOARE AFFILIATED WITH THE STATE'S SECOND LARGEST POLITICAL PARTY.
IN SELECTING APPLICANTS ,THE PANEL SHALL ,IN ADDITION TO CONSIDERING APPLICANTS'OTHER QUALIFICATIONS :
N SELECTING APPLICANTS , THE PANEL SHALL , IN -13- 005 ADDITION TO CONSIDERING APPLICANTS'OTHER QUALIFICATIONS :
-14- 005 (b) ENSURETHATATLEASTONECOMMISSIONERISREGISTEREDTO VOTE IN EACH CONGRESSIONAL DISTRICT BUT NO MORE THAN TWO COMMISSIONERS ARE REGISTERED TO VOTE IN ANY SINGLE CONGRESSIONAL DISTRICT ;
(b) ENSURETHATATLEASTONECOMMISSIONERISREGISTEREDTO VOTE IN EACH CONGRESSIONAL DISTRICT BUT NO MORE THAN TWO COMMISSIONERS ARE REGISTERED TO VOTE IN ANY SINGLE CONGRESSIONAL DISTRICT ;
(c) ENSURE THAT AT LEAST ONE COMMISSIONERRESIDESWEST OF THE CONTINENTAL DIVIDE;AND (d) ENSURETHATALLCOMMISSIONERSMEETTHEQUALIFICATIONS SET FORTH IN SUBSECTION(2)OF THIS SECTION AND DEMONSTRATE THE QUALITIES LISTED IN SUBSECTIO(8)(aOF THIS SECTIO.
(c) ENSURE THAT AT LEAST ONE COMMISSIONERRESIDESWEST OF THE CONTINENTAL DIVIDE ;AND (d) ENSURETHATALLCOMMISSIONERSMEETTHEQUALIFICATIONS SET FORTH IN SUBSECTION(2) OF THIS SECTION AND DEMONSTRATE THE QUALITIES LISTED IN SUBSECTIO(8)(a)OF THIS SECTIO.
(11)(a) ACOMMISSIONER SPOSITIONONTHECOMMISSIONWILLBE DEEMEDVACANTIFHEORSHE ,HAVINGBEENAPPOINTEDASAREGISTERED ELECTOR WHO IS NOT AFFILIATED WITH A POLITICAL PART,AFFILIATES WITH A POLITICAL PARTY BEFORE THE SUPREME COURT HAS APPROVED A PLAN PURSUANT TO SECTION 48.3OFTHISARTICLE V.A COMMISSIONER 'S POSITION ON THE COMMISSION WILL ALSO BE DEEMED VACANT IF HE OR SHE ,HAVING BEEN AFFILIATED WITH ONE OF THE STATS TWO LARGEST POLITICAL PARTIES AT THE TIME OF APPOINTMENT,AFFILIATES WITH A DIFFERENT POLITICAL PARTY OR BECOMES UNAFFILIATED WITH ANY POLITICAL PARTY BEFORE THE SUPREME COURT HAS APPROVED A PLAN PURSUANT TO SECTION 48.3OF THIS ARTICLEV.
(11)(a) ACOMMISSIONER 'SPOSITIONONTHECOMMISSIONWILLBE DEEMEDVACANTIFHEORSHE ,HAVINGBEENAPPOINTEDASAREGISTERED ELECTOR WHO IS NOT AFFILIATED WITH A POLITICAL PART,AFFILIATES WITH A POLITICAL PARTY BEFORE THE SUPREME COURT HAS APPROVED A PLAN PURSUANT TO SECTION 48.3OFTHISARTICLE V.A COMMISSIONER S POSITION ON THE COMMISSION WILL ALSO BE DEEMED VACANT IF HE OR SHE ,HAVING BEEN AFFILIATED WITH ONE OF THE STAT'S TWO LARGEST POLITICAL PARTIES AT THE TIME OF APPOINTMENT,AFFILIATES WITH A DIFFERENT POLITICAL PARTY OR BECOMES UNAFFILIATED WITH ANY POLITICAL PARTY BEFORE THE SUPREME COURT HAS APPROVED A PLAN PURSUANT TO SECTION 48.3 OF THIS ARTICLV.
(b) A NY VACANCY ON THE COMMISSION ,INCLUDING ONE THAT OCCURS DUE TO DEATH ,RESIGNATION,REMOVAL ,FAILURE TO MEET THE QUALIFICATIONSOFAPPOINTMENT ,REFUSALORINABILITYTOACCEPT AN APPOINTMENT ,OR OTHERWISE ,MUST BE FILLED AS SOON AS POSSIBLE BY THEDESIGNATEDAPPOINTINGAUTHORITYFROMTHEDESIGNATEDPOOLOF ELIGIBLE APPLICANTS FOR THAT COMMISSIONER'S POSITION AND IN THE SAMEMANNERASTHEORIGINALLYCHOSENCOMMISSIONER EXCEPTTHAT -15- 005 NO COMMISSIONER CHOSEN TO FILL A VACANCY WILL BE BYPASSED FOR APPOINTMENT IF ALL CONGRESSIONAL DISTRICTS ARE ALREADY REPRESENTED ON THE COMMISSION.
(b) A NY VACANCY ON THE COMMISSION ,INCLUDING ONE THAT OCCURS DUE TO DEATH ,RESIGNATION ,REMOVAL ,FAILURE TO MEET THE QUALIFICATIONSOFAPPOINTMENT REFUSALORINABILITYTOACCEPT AN -14- 005 APPOINTMENT ,OR OTHERWISE,MUST BE FILLED AS SOON AS POSSIBLE BY THEDESIGNATEDAPPOINTINGAUTHORITYFROMTHEDESIGNATEDPOOLOF ELIGIBLE APPLICANTS FOR THAT COMMISSIONE'S POSITION AND IN THE SAMEMANNERASTHEORIGINALLYCHOSENCOMMISSIONER ;EXCEPTTHAT NO COMMISSIONER CHOSEN TO FILL A VACANCY WILL BE BYPASSED FOR APPOINTMENT IF ALL CONGRESSIONAL DISTRICTS ARE ALREADY REPRESENTED ON THE COMMISSION.
UPON CONVENING ,THE COMMISSION SHALL ELECT A CHAIR AND A VI-CHAIR,WHO ARE NOT MEMBERS OF THE SAME POLITICAL PARTY,AND OTHER SUCH OFFICERS AS IT DETERMIN.S (b) THE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL AND THE DIRECTOR OF THE OFFICE OF LEGISLATIVE LEGAL SERVI,OR THE DIRECTORS OF SUCCESSOR NONPARTISAN OFFICES OF THE GENERAL ASSEMBLY ,SHALLAPPOINTNONPARTISANSTAFFFROMTHEIRRESPECTIVE OFFICES AS NEEDED TO ASSIST THE COMMISSION AND THE PANEL OF JUDGES AS DESCRIBED IN SECTIO47OF THIS ARTICLEV.
UPON CONVENING ,THE COMMISSION SHALL ELECT A CHAIR AND A VI-CHAIR,WHO ARE NOT MEMBERS OF THE SAME POLITICAL PARTY,AND OTHER SUCH OFFICERS AS IT DETERMIN.S (b) THE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL AND THE DIRECTOR OF THE OFFICE OF LEGISLATIVE LEGAL SERVI,OR THE DIRECTORS OF SUCCESSOR NONPARTISAN OFFICES OF THE GENERAL ASSEMBLY ,SHALLAPPOINTNONPARTISANSTAFFFROMTHEIRRESPECTIVE -15- 005 OFFICES AS NEEDED TO ASSIST THE COMMISSION AND THE PANEL OF JUDGES AS DESCRIBED IN SECTIO47OF THIS ARTICLEV.
NONPARTISAN STAFF SHALL ACQUIRE AND PREPARE ALL NECESSARY RESOURCES , INCLUDING COMPUTER HARDWARE , SOFTWARE , AND DEMOGRAPHIC , -16- 005 GEOGRAPHIC , AND POLITICAL DATABASES ,AS FAR IN ADVANCE AS NECESSARY TO ENABLE THE COMMISSION TO BEGIN ITS WORK IMMEDIATELY UPON CONVENING .
NONPARTISAN STAFF SHALL ACQUIRE AND PREPARE ALL NECESSARY RESOURCES , INCLUDING COMPUTER HARDWARE , SOFTWARE , AND DEMOGRAPHIC , GEOGRAPHIC , AND POLITICAL DATABASES ,AS FAR IN ADVANCE AS NECESSARY TO ENABLE THE COMMISSION TO BEGIN ITS WORK IMMEDIATELY UPON CONVENING .
(c) TECOMMISSIONMAYRETAINLEGALCOUNSELINALLACTIONS AND PROCEEDINGS IN CONNECTION WITH THE PERFORMANCE OF ITS POWERS ,DUTIES,AND FUNCTIONS,INCLUDING REPRESENTATION OF THE COMMISSION BEFORE ANY COURT .
(c) HECOMMISSIONMAYRETAINLEGALCOUNSELINALLACTIONS AND PROCEEDINGS IN CONNECTION WITH THE PERFORMANCE OF ITS POWERS ,DUTIES,AND FUNCTIONS,INCLUDING REPRESENTATION OF THE COMMISSION BEFORE ANY COURT .
(d) THE GENERAL ASSEMBLY SHALL APPROPRIATE SUFFICIENT FUNDS FOR THE PAYMENT OF THE EXPENSES OF THE COMMISSION ,THE COMPENSATION AND EXPENSES OF NONPARTISAN STAFF , AND THE COMPENSATIONANDEXPENSESOFTHEPANELOFJUDGESASDESCRIBEDIN SECTION 47OF THIS ARTICLV.M EMBERS OF THE COMMISSION SHALLBE REIMBURSED FOR THEIR REASONABLE AND NECESSARY EXPENSES AND MAYALSORECEIVESUCHPERDIEMALLOWANCEASMAYBEESTABLISHED BY THE GENERAL ASSEMBLY .
(d) THE GENERAL ASSEMBLY SHALL APPROPRIATE SUFFICIENT FUNDS FOR THE PAYMENT OF THE EXPENSES OF THE COMMISSION ,THE COMPENSATION AND EXPENSES OF NONPARTISAN STAFF , AND THE COMPENSATIONANDEXPENSESOFTHEPANELOFJUDGESASDESCRIBEDIN SECTION 47OFTHIS ARTICLEV.M EMBERS OFTHE COMMISSION SHALL BE REIMBURSED FOR THEIR REASONABLE AND NECESSARY EXPENSES AND MAYALSORECEIVESUCHPERDIEMALLOWANCEASMAYBEESTABLISHED BY THE GENERAL ASSEMBLY .
TATE AGENCIES AND POLITICAL SUBDIVISIONS SHALL COMPLY WITH REQUESTS FROM THE COMMISSION AND ITS STAFF FOR SUCH STATISTICAL INFORMATI.N (e) THE COMMISSION SHALL ADOPT RULES TO GOVERN ITS ADMINISTRATION AND OPERATION .
TATE AGENCIES AND POLITICAL SUBDIVISIONS SHALL COMPLY WITH REQUESTS FROM THE COMMISSION AND ITS STAFF FOR SUCH STATISTICAL INFORMATI.N (e) THE COMMISSION SHALL ADOPT RULES TO GOVERN ITS -16- 005 ADMINISTRATION AND OPERATION .
HE COMMISSION MUST PROVIDE AT LEAST SEVENTY -TWO HOURS OF ADVANCE PUBLIC NOTICE OF ALL PROPOSEDRULESPRIORTOCONSIDERATIONFORADOPTION ;EXCEPTTHAT PROPOSEDRULESMAYBEAMENDEDDURINGCOMMISSIONDELIBERATIONS -17- 005 WITHOUT SUCH ADVANCE NOTICE OF SPECIFIC,RELATED AMENDMENTS .
HE COMMISSION MUST PROVIDE AT LEAST SEVENTY -TWO HOURS OF ADVANCE PUBLIC NOTICE OF ALL PROPOSEDRULESPRIORTOCONSIDERATIONFORADOPTION ;EXCEPTTHAT PROPOSEDRULESMAYBEAMENDEDDURINGCOMMISSIONDELIBERATIONS WITHOUT SUCH ADVANCE NOTICE OF SPECIFIC,RELATED AMENDMENTS .
N EITHER THE COMMISSION S PROCEDURAL RULES NOR ITS MAPPING DECISIONS ARE SUBJECT TO THE"STATE ADMINISTRATIVE PROCEDURE A CT"ARTICLE 4OFTITLE24,C.R.S.ORANYSUCCESSORSTATUTE .RULES MUST INCLUDE BUT NEED NOT BE LIMITED TO THE FOLLOWI:G (I) TE HEARING PROCESS AND REVIEW OF MAPS SUBMITTED FOR ITS CONSIDERATION;
N EITHER THE COMMISSION S PROCEDURAL RULES NOR ITS MAPPING DECISIONS ARE SUBJECT TO THE"STATE ADMINISTRATIVE PROCEDURE A CT"ARTICLE4 OFTITLE24,C.R.S.ORANYSUCCESSORSTATUTE .RULES MUST INCLUDE BUT NEED NOT BE LIMITED TO THE FOLLOWI:G (I) TE HEARING PROCESS AND REVIEW OF MAPS SUBMITTED FOR ITS CONSIDERATION;
(2) Votingrequirements.ASIMPLEMAJORITYOFTHEAPPOINTED COMMISSIONERSMAYAPPROVERULESANDPROCEDURALDECISIONS .THE ELECTION OF THE COMMISSIONS CHAIR AND VICECHAIR REQUIRES THE AFFIRMATIVE VOTE OF AT LEAST EIGHT COMMISSIONE,INCLUDING THE AFFIRMATIVE VOTE OF AT LEAST ONE COMMISSIONER WHO IS UNAFFILIATED WITH ANY POLITICAL PARTY .
(2) Votingrequirements.ASIMPLEMAJORITYOFTHEAPPOINTED COMMISSIONERSMAYAPPROVERULESANDPROCEDURALDECISIONS .THE ELECTION OF THE COMMISSIONS CHAIR AND VICECHAIR REQUIRES THE AFFIRMATIVE VOTE OF AT LEAST EIGHT COMMISSIONE,INCLUDING THE -17- 005 AFFIRMATIVE VOTE OF AT LEAST ONE COMMISSIONER WHO IS UNAFFILIATED WITH ANY POLITICAL PARTY .
REMOVAL OF ANY COMMISSIONERASPROVIDEDINTHISSECTIONREQUIRESTHEAFFIRMATIVE VOTE OF AT LEAST EIGHT COMMISSIONER,INCLUDING THE AFFIRMATIVE -18- 005 VOTE OF AT LEAST TWO COMMISSIONERS WHO ARE UNAFFILIATED WITH ANYPOLITICALPARTY .A DOPTIONOFTHEFINALPLANFORSUBMISSIONTO THE SUPREME COURT AND THE ADOPTION OF A REVISED PLAN AFTER A PLAN IS RETURNED TO THE COMMISSION FROM THE SUPREME COURT REQUIRES THE AFFIRMATIVE VOTE OF AT LEAST EIGHT COMMISSIONER, INCLUDING THE AFFIRMATIVE VOTE OF AT LEAST TWO COMMISSIONERS WHO ARE UNAFFILIATED WITH ANY POLITICAL PART.
REMOVAL OF ANY COMMISSIONERASPROVIDEDINTHISSECTIONREQUIRESTHEAFFIRMATIVE VOTE OF AT LEAST EIGHT COMMISSIONER,INCLUDING THE AFFIRMATIVE VOTE OF AT LEAST TWO COMMISSIONERS WHO ARE UNAFFILIATED WITH ANYPOLITICALPARTY .A DOPTIONOFTHEFINALPLANFORSUBMISSIONTO THE SUPREME COURT AND THE ADOPTION OF A REVISED PLAN AFTER A PLAN IS RETURNED TO THE COMMISSION FROM THE SUPREME COURT REQUIRES THE AFFIRMATIVE VOTE OF AT LEAST EIGHT COMMISSIONER, INCLUDING THE AFFIRMATIVE VOTE OF AT LEAST TWO COMMISSIONERS WHO ARE UNAFFILIATED WITH ANY POLITICAL PART.
THE COMMISSION SHALL NOT VOTE UPON A FINAL PLAN UNTIL AT LEAST SEVENTY TWO HOURS AFTER IT HAS BEEN PROPOSED TO THE COMMISSION IN A PUBLIC MEETINGORATLEASTSEVENTY TWOHOURSAFTERITHASBEENAMENDED BY THE COMMISSION IN A PUBLIC MEETIN,WHICHEVER OCCURS LATER ;
THE COMMISSION SHALL NOT VOTE UPON A FINAL PLAN UNTIL AT LEAST SEVENTY TWO HOURS AFTER IT HAS BEEN PROPOSED TO THE COMMISSION IN A PUBLIC MEETINGORATLEASTSEVENTY -TWOHOURSAFTERITHASBEENAMENDED BY THE COMMISSION IN A PUBLIC MEETIN,WHICHEVER OCCURS LATER ;
HE COMMISSION SHALLNOT APPROVE A REDISTRICTING MAP UNTIL AT LEAST THREE HEARINGS HAVE BEEN HELD IN EACH CONGRESSIONAL DISTRICT, INCLUDINGAT LEAST ONE HEARING THAT ISHELDINALOCATIONWEST OF THE CONTINENTALDIVIDE ANDAT LEAST ONE HEARINGTHAT ISHELDINA LOCATION EAST OF THE CONTINENTAL DIVIDE AND EITHER SOUTH OEL PASOCOUNTY SSOUTHERNBOUNDARYOREASTOF A RAPAHOE COUNTY S EASTERN BOUNDARY .
HE COMMISSION SHALLNOT APPROVE A REDISTRICTING MAP UNTIL AT LEAST THREE HEARINGS HAVE BEEN HELD IN EACH CONGRESSIONAL DISTRICT, INCLUDING AT LEAST ONE HEARINGTHAT ISHELDINALOCATIONWEST OF -18- 005 THE CONTINENTALDIVIDE ANDAT LEAST ONE HEARINGTHAT ISHELDINA LOCATION EAST OF THE CONTINENTAL DIVIDE AND EITHER SOUTH OEL PASOCOUNTY SSOUTHERNBOUNDARYOREASTOF A RAPAHOE COUNTY S EASTERN BOUNDARY .
N O GATHERING OF COMMISSIONERS CAN BE -19- 005 CONSIDERED A HEARING FOR THIS PURPOSE UNLESS IT IS ATTEND,IN PERSON OR ELECTRONICALLY ,BY AT LEAST TEN COMMISSIONERS.
N O GATHERING OF COMMISSIONERS CAN BE CONSIDERED A HEARING FOR THIS PURPOSE UNLESS IT IS ATTEND,IN PERSON OR ELECTRONICALLY ,BY AT LEAST TEN COMMISSIONERS.
(d) THE COMMISSION SHALL PUBLISH ALL WRITTEN COMMENTS PERTAINING TO REDISTRICTING ON ITS WEBSITE OR COMPARABLE MEANS OF COMMUNICATING WITH THE PUBLIC AS WELL AS THE NAME OF THE C OLORADORESIDENT SUBMITTINGSUCHCOMMENTS .IFTHECOMMISSION ORNONPARTISANSTAFFHAVEASUBSTANTIALBASISTOBELIEVETHATTHE PERSON SUBMITTING SUCH COMMENTS HAS NOT TRUTHFULLY OR ACCURATELY IDENTIFIED HIMSELF OR HERSELF,THE COMMISSION NEED NOT CONSIDER AND NEED NOT PUBLISH SUCH COMMENTS BUT MUST NOTIFYTHECOMMENTERINWRITINGOFTHISFACT .THECOMMISSIONMAY WITHHOLD COMMENTS ,IN WHOLE OR IN PART, FROM THE WEBSITE OR COMPARABLEMEANSOFCOMMUNICATINGWITHTHEPUBLICTHATDONOT RELATETOREDISTRICTINGMAPS POLICIE,ORCOMMUNITIESOFINTEREST .
(d) THE COMMISSION SHALL PUBLISH ALL WRITTEN COMMENTS PERTAINING TO REDISTRICTING ON ITS WEBSITE OR COMPARABLE MEANS OF COMMUNICATING WITH THE PUBLIC AS WELL AS THE NAME OF THE C OLORADORESIDENTSUBMITTINGSUCHCOMMENTS .IFTHECOMMISSION ORNONPARTISANSTAFFHAVEASUBSTANTIALBASISTOBELIEVETHATTHE PERSON SUBMITTING SUCH COMMENTS HAS NOT TRUTHFULLY OR ACCURATELY IDENTIFIED HIMSELF OR HERSELF,THE COMMISSION NEED NOT CONSIDER AND NEED NOT PUBLISH SUCH COMMENTS BUT MUST NOTIFYTHECOMMENTERINWRITINGOFTHISFACT .THECOMMISSIONMAY WITHHOLD COMMENTS ,IN WHOLE OR IN PART, FROM THE WEBSITE OR COMPARABLEMEANSOFCOMMUNICATINGWITHTHEPUBLICTHATDONOT RELATETOREDISTRICTINGMAPS POLICIE,ORCOMMUNITIESOFINTEREST .
(e) THE COMMISSION SHALL PROVIDE SIMULTANEOUS ACCESS TO THE REGIONAL HEARINGS BY BROADCASTING THEM VIA ITS WEBSITE OR COMPARABLE MEANS OF COMMUNICATING WITH THE PUBLIC AND MAINTAIN AN ARCHIVE OF SUCH HEARINGS FOR ONLINE PUBLIC REVI.W (4) Ethical obligations - transparency - lobbyist reporting.
(e) THE COMMISSION SHALL PROVIDE SIMULTANEOUS ACCESS TO THE REGIONAL HEARINGS BY BROADCASTING THEM VIA ITS WEBSITE OR -19- 005 COMPARABLE MEANS OF COMMUNICATING WITH THE PUBLIC AND MAINTAIN AN ARCHIVE OF SUCH HEARINGS FOR ONLINE PUBLIC REVI.W (4) Ethical obligations - transparency - lobbyist reporting.
(a) COMMISSIONERS ARE GUARDIANS OF THE PUBLIC TRUST AND ARE -20- 005 SUBJECT TO ANTIBRIBERY AND ABUSE OF PUBLIC OFFICE REQUIREMENTS AS PROVIDED IN PARTS 3AND 4OF ARTICLE 8OF TITLE 18, C.R.S.AS AMENDED ,OR ANY SUCCESSOR STATUTE.
(a) COMMISSIONERS ARE GUARDIANS OF THE PUBLIC TRUST AND ARE SUBJECT TO ANTIBRIBERY AND ABUSE OF PUBLIC OFFICE REQUIREMENTS AS PROVIDED IN PARTS3 AND 4 OF ARTICLE8 OF TITLE18, C.R.S.AS AMENDED OR ANY SUCCESSOR STATUTE .
(b) TO ENSURE TRANSPARENCY IN THE REDISTRICTING PROCES:
(b) TO ENSURE TRANSPARENCY IN THE REDISTRICTING PROCE:S (I) (A) TE COMMISSION AND THE COMMISSIONERS ARE SUBJECT TO OPEN MEETINGS REQUIREMENTS AS PROVIDED IN PAR4OF ARTICLE6 OF TITLE24, C.R.SAS AMENDED ,OR ANY SUCCESSOR STATUTE.
(I) (A) TE COMMISSION AND THE COMMISSIONERS ARE SUBJECT TO OPEN MEETINGS REQUIREMENTS AS PROVIDED IN PAR4 OF ARTICLE6 OF TITLE24, C.R.S.AS AMENDED ,OR ANY SUCCESSOR STATUTE.
(C) E XCEPT FOR PUBLIC INPUT AND COMMENT ,NONPARTISAN STAFF SHALL NOT HAVE ANY COMMUNICATIONS ABOUT THE CONTENT OR DEVELOPMENTOFANYPLANOUTSIDEOFPUBLICHEARINGSWITHANYONE EXCEPT OTHER STAFF MEMBERS .
(C) E XCEPT FOR PUBLIC INPUT AND COMMENT ,NONPARTISAN STAFF SHALL NOT HAVE ANY COMMUNICATIONS ABOUT THE CONTENT OR DEVELOPMENTOFANYPLANOUTSIDEOFPUBLICHEARINGSWITHANYONE EXCEPT OTHER STAFF MEMBERS.
ONPARTISAN STAFF SHALL REPORT TO THE COMMISSION ANY ATTEMPT BY ANYONE TO EXERT INFLUENCE OVER THE STAFFS ROLE IN THE DRAFTING OF PLA.S (D) O NE OR MORE NONPARTISAN STAFF MAY BE DESIGNATED TO COMMUNICATE WITH COMMISSIONERS REGARDING ADMINISTRATIVE MATTERS ,THE DEFINITION AND SCOPE OF WHICH SHALL BE DETERMINED BY THE COMMISSION.
NONPARTISAN STAFF SHALL REPORT TO THE COMMISSION ANY ATTEMPT BY ANYONE TO EXERT INFLUENCE OVER THE STAFFS ROLE IN THE DRAFTING OF PLA.S (D) O NE OR MORE NONPARTISAN STAFF MAY BE DESIGNATED TO COMMUNICATE WITH COMMISSIONERS REGARDING ADMINISTRATIVE MATTERS ,THE DEFINITION AND SCOPE OF WHICH SHALL BE DETERMINED BY THE COMMISSION.
(E) ANYCOMMISSIONERWHOPARTICIPATESINACOMMUNICATION PROHIBITED IN THIS SECTION MUST BE REMOVED FROM THE COMMISSI,N AND SUCH VACANCY MUST BE FILLED WITHIN SEVEN DAYS.
(E) ANYCOMMISSIONERWHOPARTICIPATESINACOMMUNICATION -20- 005 PROHIBITED IN THIS SECTION MUST BE REMOVED FROM THE COMMISSI,N AND SUCH VACANCY MUST BE FILLED WITHIN SEVEN DAY.
(II) TE COMMISSION ,EACH COMMISSIONER ,AND NONPARTISAN STAFF ARE SUBJECT TO OPEN RECORDS REQUIREMENTS AS PROVIDED IN -21- 005 PART 1 OF ARTICLE 72 OF TITLE 24, C.R.S.AS AMENDED ,OR ANY SUCCESSOR STATUTE ;
(II) TE COMMISSION ,EACH COMMISSIONER,AND NONPARTISAN STAFF ARE SUBJECT TO OPEN RECORDS REQUIREMENTS AS PROVIDED IN PART 1 OF ARTICLE 72 OF TITLE 24, C.R.S.AS AMENDED ,OR ANY SUCCESSOR STATUTE ;
(III) PRSONS WHO CONTRACT FOR OR RECEIVE COMPENSATION FORADVOCATINGTOTHECOMMISSION TOONEORMORECOMMISSIONERS , ORTONONPARTISANSTAFFFORTHEADOPTIONORREJECTIONOFANYMAP , AMENDMENTTOAMAP ,MAPPINGAPPROACH ,ORMANNEROFCOMPLIANCE WITH ANY OF THE MAPPING CRITERIA SPECIFIED IN SECT48.1OF THIS ARTICLE V ARE LOBBYISTS WHO MUST DISCLOSE TO THE SECRETARY OF STATEANYCOMPENSATIONCONTRACTEDFOR COMPENSATIONRECEIVED , AND THE PERSON OR ENTITY CONTRACTING OR PAYING FOR THEIR LOBBYING SERVICES.
(III) PRSONS WHO CONTRACT FOR OR RECEIVE COMPENSATION FORADVOCATINGTOTHECOMMISSION ,TOONEORMORECOMMISSIONERS , ORTONONPARTISANSTAFFFORTHEADOPTIONORREJECTIONOFANYMAP , AMENDMENTTOAMAP ,MAPPINGAPPROACH ,ORMANNEROFCOMPLIANCE WITH ANY OF THE MAPPING CRITERIA SPECIFIED IN SECT48.1OF THIS ARTICLE V ARE LOBBYISTS WHO MUST DISCLOSE TO THE SECRETARY OF STATEANYCOMPENSATIONCONTRACTEDFOR COMPENSATIONRECEIVED , AND THE PERSON OR ENTITY CONTRACTING OR PAYING FOR THEIR LOBBYING SERVICES.
THE SECRETARY OF STATE SHALL ADOPT RULES TO FACILITATE THE COMPLETE AND PROMPT REPORTING REQUIRED BY THIS SUBSECTION (4)(b)(IIIAS WELL AS A COMPLAINT PROCESS TO ADDRESS ANY LOBBYISTS FAILURE TO REPORT A FULLANDACCURATEDISCLOSURE ,WHICHCOMPLAINTMUSTBEHEARDBY AN ADMINISTRATIVE LAW JUDGE,WHOSE DECISION MAY BE APPEALED TO -22- 005 THE COURT OF APPEALS.
THE SECRETARY OF STATE SHALL ADOPT RULES TO FACILITATE THE COMPLETE AND PROMPT -21- 005 REPORTING REQUIRED BY THIS SUBSECTION (4)(b)(IIAS WELL AS A COMPLAINT PROCESS TO ADDRESS ANY LOBBYIST S FAILURE TO REPORT A FULLANDACCURATEDISCLOSURE ,WHICHCOMPLAINTMUSTBEHEARDBY AN ADMINISTRATIVE LAW JUDGE ,WHOSE DECISION MAY BE APPEALED TO THE COURT OF APPEALS.
(1) IDOPTING A LEGISLATIVE REDISTRICTING PL,THE COMMISSION SHALL :
(1) IDOPTING A LEGISLATIVE REDISTRICTING PLA,THE COMMISSION SHALL :
(a) M AKE A GOOD -FAITH EFFORT TO ACHIEVE MATHEMATICAL POPULATION EQUALITY BETWEEN DISTRICTS ,AS REQUIRED BY THE CONSTITUTIONOFTHE U NITEDSTATES BUTINNOEVENTSHALLTHEREBE MORETHANFIVEPERCENTDEVIATIONBETWEENTHEMOSTPOPULOUSAND THE LEAST POPULOUS DISTRICT IN EACH HOUSE .
(a) M AKE A GOOD -FAITH EFFORT TO ACHIEVE MATHEMATICAL POPULATION EQUALITY BETWEEN DISTRICTS , AS REQUIRED BY THE CONSTITUTIONOFTHE U NITEDS TATES,BUTINNOEVENTSHALLTHEREBE MORETHANFIVEPERCENTDEVIATIONBETWEENTHEMOSTPOPULOUSAND THE LEAST POPULOUS DISTRICT IN EACH HOUSE .
(b) COMPLY WITH THE FEDERAL "V OTINGR IGHTSA CT OF1965", 52 U.S.C.SEC.
(b) COMPLY WITH THE FEDERAL "VOTING RIGHTS ACT OF1965", 52 U.S.C.SEC.
50301AS AMENDED .
50301,AS AMENDED .
(2) (a) A MUCH AS IS REASONABLY POSSIBL,THE COMMISSION'S PLAN MUST PRESERVE WHOLE COMMUNITIES OF INTEREST AND WHOLE POLITICAL SUBDIVISIONS,SUCH AS COUNTIES, CITIE,AND TOWNS .
(2) (a) S MUCH AS IS REASONABLY POSSIBL,THE COMMISSION S PLAN MUST PRESERVE WHOLE COMMUNITIES OF INTEREST AND WHOLE POLITICAL SUBDIVISIONS,SUCH AS COUNTIES ,CITIE, AND TOWNS .
O FACILITATETHEEFFICIENTANDEFFECTIVEPROVISIONOFGOVERNMENTAL SERVICES,WITH REGARD TO ANY COUNTY ,CITY,CITY AND COUNTY ,OR TOWN WHOSE POPULATION IS LESS THAN A DISTRICT 'S PERMITTED POPULATION ,THECOMMISSIONSHALLPRESUMETHATSUCHCOUNTY ,CITY, CITY AND COUNTY ,OR TOWN SHOULD BE WHOLLY CONTAINED WITHIN A DISTRICT;EXCEPT THAT A DIVISION OF SUCH COUNTY ,CITY,CITY AND COUNTY ,ORTOWNISPERMITTEDWHERE BASEDONAPREPONDERANCEOF THEEVIDENCEINTHERECORD ,ACOMMUNITYOFINTEREST SLEGISLATIVE ISSUES ARE MORE ESSENTIAL TO THE FAIR AND EFFECTIVE REPRESENTATIONOFRESIDENTSOFTHEDISTRICT .WHENTHECOMMISSION -23- 005 DIVIDESACOUNTY ,CITY,CITYANDCOUNTY ,ORTOWN ,ITSHALLMINIMIZE THENUMBEROFDIVISIONSOFTHATCOUNTY ,CITY,CITYANDCOUNTY ,OR TOWN .
TO FACILITATETHEEFFICIENTANDEFFECTIVEPROVISIONOFGOVERNMENTAL SERVICES, WITH REGARD TO ANY COUNTY , CITY,CITY AND COUNTY ,OR TOWN WHOSE POPULATION IS LESS THAN A DISTRICT S PERMITTED POPULATION ,THECOMMISSIONSHALLPRESUMETHATSUCHCOUNTY ,CITY, CITY AND COUNTY ,OR TOWN SHOULD BE WHOLLY CONTAINED WITHIN A DISTRICT;EXCEPT THAT A DIVISION OF SUCH COUNTY , CITY,CITY AND -22- 005 COUNTY ,ORTOWNISPERMITTEDWHERE ,BASEDONAPREPONDERANCEOF THEEVIDENCEINTHERECORD ACOMMUNITYOFINTEREST SLEGISLATIVE ISSUES ARE MORE ESSENTIAL TO THE FAIR AND EFFECTIVE REPRESENTATIONOFRESIDENTSOFTHEDISTRICT .WHENTHECOMMISSION DIVIDESACOUNTY ,CITY,CITYANDCOUNTY ,ORTOWN ,ITSHALLMINIMIZE THENUMBEROFDIVISIONSOFTHATCOUNTY ,CITY,CITYANDCOUNTY ,OR TOWN .
(b) IN ITS HEARINGS IN VARIOUS LOCATIONS IN THE ST,THE COMMISSIONSHALLSOLICITEVIDENCERELEVANTTOCOMPETITIVENESSOF ELECTIONS IN COLORADO AND SHALL ASSESS SUCH EVIDENCE IN EVALUATING PROPOSED MAPS .
(b) N ITS HEARINGS IN VARIOUS LOCATIONS IN THE STA,THE COMMISSIONSHALLSOLICITEVIDENCERELEVANTTOCOMPETITIVENESSOF ELECTIONS IN COLORADO AND SHALL ASSESS SUCH EVIDENCE IN EVALUATING PROPOSED MAPS .
(d) FRPURPOSESOFTHISSUBSECTION (3),COMPETITIVE"MEANS HAVING A REASONABLE POTENTIAL FOR THE PARTY AFFILIATION OF THE DISTRICTS REPRESENTATIVE TO CHANGE AT LEAST ONCE BETWEEN FEDERALDECENNIALCENSUSES .COMPETITIVENESSMAYBEMEASUREDBY FACTORS SUCH AS A PROPOSED DISTRICTS PAST ELECTION RESULTS,A PROPOSED DISTRICT'S POLITICAL PARTY REGISTRATION DATA , AND -24- 005 EVIDENCE BASED ANALYSES OF PROPOSED DISTRICT.
(d) FRPURPOSESOFTHISSUBSECTION (3),COMPETITIVE"MEANS HAVING A REASONABLE POTENTIAL FOR THE PARTY AFFILIATION OF THE -23- 005 DISTRICTS REPRESENTATIVE TO CHANGE AT LEAST ONCE BETWEEN FEDERALDECENNIALCENSUSES .COMPETITIVENESSMAYBEMEASUREDBY FACTORS SUCH AS A PROPOSED DISTRICTS PAST ELECTION RESULTS,A PROPOSED DISTRICT S POLITICAL PARTY REGISTRATION DATA , AND EVIDENCE BASED ANALYSES OF PROPOSED DISTRICT.
(a) I HASBEENDRAWNFORTHE PURPOSE OFPROTECTINGONEOR MORE INCUMBENT MEMBERS ,OR ONE OR MORE DECLARED CANDIDATES , OF THE SENATE OR HOUSE OF REPRESENTATIVES ,OR ANY POLITICAL PARTY ;OR (b) T HAS BEEN DRAWN FOR THE PURPOSE OF OR RESULTS IN THE DENIAL OR ABRIDGEMENT OF THE RIGHT OF ANY CITIZEN TO VOTE ON ACCOUNT OF THAT PERSON S RACE OR MEMBERSHIP IN A LANGUAGE MINORITY GROUP INCLUDING DILUTING THE IMPACT OF THAT RACIAL OR LANGUAGE MINORITY GROUP 'S ELECTORAL INFLUENC.
(a) T HASBEENDRAWNFORTHEPURPOSEOFPROTECTINGONE OR MORE INCUMBENT MEMBERS ,OR ONE OR MORE DECLARED CANDIDATES , OF THE SENATE OR HOUSE OF REPRESENTATIVES ,OR ANY POLITICAL PARTY ;OR (b) T HAS BEEN DRAWN FOR THE PURPOSE OF OR RESULTS IN THE DENIAL OR ABRIDGEMENT OF THE RIGHT OF ANY CITIZEN TO VOTE ON ACCOUNT OF THAT PERSON S RACE OR MEMBERSHIP IN A LANGUAGE MINORITY GROUP INCLUDING DILUTING THE IMPACT OF THAT RACIAL OR LANGUAGE MINORITY GROUP 'S ELECTORAL INFLUENC.
UCH PLANS MUST BE PRESENTED AND PUBLISHED NO EARLIER THAN THIRTY DAYS AND NO LATER THAN FORTY FIVE DAYS AFTER THE COMMISSION HAS CONVENED OR THE NECESSARYCENSUSDATAAREAVAILABLE ,WHICHEVERISLATER .W ITHIN THE FIRST TWENTY DAYS AFTER THE COMMISSION HAS CONVENED, ANY MEMBER OF THE PUBLIC AND ANY MEMBER OF THE COMMISSION MAY SUBMIT WRITTEN COMMENTS TO NONPARTISAN STAFF ON THE CREATION OF THE PRELIMINARY PLANS AND ON COMMUNITIES OF INTEREST THAT REQUIREREPRESENTATIONINONEORMORESPECIFICAREASOFTHESTATE .
UCH PLANS MUST BE PRESENTED AND PUBLISHED NO EARLIER THAN THIRTY DAYS AND NO LATER THAN FORTY FIVE DAYS AFTER THE COMMISSION HAS CONVENED OR THE NECESSARYCENSUSDATAAREAVAILABLE ,WHICHEVERISLATER .W ITHIN THE FIRST TWENTY DAYS AFTER THE COMMISSION HAS CONVENED, ANY MEMBER OF THE PUBLIC AND ANY MEMBER OF THE COMMISSION MAY -24- 005 SUBMIT WRITTEN COMMENTS TO NONPARTISAN STAFF ON THE CREATION OF THE PRELIMINARY PLANS AND ON COMMUNITIES OF INTEREST THAT REQUIREREPRESENTATIONINONEORMORESPECIFICAREASOFTHESTATE .
N ONPARTISANSTAFFSHALLCONSIDERSUCHCOMMENTSINCREATINGTHE -25- 005 PRELIMINARY PLANS ,AND SUCH COMMENTS SHALL BE PART OF THE RECORD OF THE COMMISSION 'S ACTIVITIES AND PROCEEDING.
N ONPARTISANSTAFFSHALLCONSIDERSUCHCOMMENTSINCREATINGTHE PRELIMINARY PLANS ,AND SUCH COMMENTS SHALL BE PART OF THE RECORD OF THE COMMISSION S ACTIVITIES AND PROCEEDINGS.
AT THE FIRST PUBLIC HEARING AT WHICH THE PRELIMINARY PLANS ARE PRESENTED ,NONPARTISAN STAFF SHALL EXPLAIN HOW THE PLANS WERE CREATED , HOW THE PLANS ADDRESS THE CATEGORIES OF PUBLIC COMMENTS RECEIVED AND HOW THE PLANS COMPLY WITH THE CRITERIA PRESCRIBED IN SECTION48.1OF THIS ARTICLV.
T THE FIRST PUBLIC HEARING AT WHICH THE PRELIMINARY PLANS ARE PRESENTED ,NONPARTISAN STAFF SHALL EXPLAIN HOW THE PLANS WERE CREATED , HOW THE PLANS ADDRESS THE CATEGORIES OF PUBLIC COMMENTS RECEIVED ,AND HOW THE PLANS COMPLY WITH THE CRITERIA PRESCRIBED IN SECTIO48.1OF THIS ARTICLEV.
(2) BY JULY 21 OF THE REDISTRICTING YEA,THE COMMISSION SHALL COMPLETE PUBLIC HEARINGS ON THE PRELIMINARY SENATE PLAN ANDTHEPRELIMINARYHOUSEPLANINSEVERALPLACESTHROUGHOUTTHE STATE IN ACCORDANCE WITH SECTION 48OF THIS ARTICLV.
(2) BY JULY 21OF THE REDISTRICTING YEAR,THE COMMISSION SHALL COMPLETE PUBLIC HEARINGS ON THE PRELIMINARY SENATE PLAN ANDTHEPRELIMINARYHOUSEPLANINSEVERALPLACESTHROUGHOUTTHE STATE IN ACCORDANCE WITH SECTION48 OF THIS ARTICLV.
(3) UBSEQUENTTOHEARINGSONTHEPRELIMINARYSENATEPLAN ANDTHEPRELIMINARYHOUSEPLAN NONPARTISANSTAFFSHALLPREPARE , PUBLISH ONLINE,AND PRESENT TO THE COMMISSION NO FEWER THAN THREE PLANS FOR THE STATE SENATE AND THREE PLANS FOR THE STATE HOUSEOFREPRESENTATIVES ,EXCEPT ASPROVIDEDINSUBSECTION (5)OF THIS SECTION.THESE PLANS WILL BE KNOWN AS TH"STAFF PLANS"AND MUST BE NAMED AND NUMBERED SEQUENTIALLY FOR PURPOSES OF SUBSECTION (6) OF THIS SECTIO.
(3) SBSEQUENTTOHEARINGSONTHEPRELIMINARYSENATEPLAN ANDTHEPRELIMINARYHOUSEPLAN ,NONPARTISANSTAFFSHALLPREPARE , PUBLISH ONLINE,AND PRESENT TO THE COMMISSION NO FEWER THAN THREE PLANS FOR THE STATE SENATE AND THREE PLANS FOR THE STATE HOUSE OFREPRESENTATIVES ,EXCEPT ASPROVIDEDINSUBSECTION (5)OF THIS SECTIO.T HESE PLANS WILL BE KNOWN AS TH"STAFF PLAN" AND MUST BE NAMED AND NUMBERED SEQUENTIALLY FOR PURPOSES OF SUBSECTION (6) OF THIS SECTIO.
STAFF PLANS MUST BE PREPARED , PUBLISHED ONLINE,AND PRESENTED IN ACCORDANCE WITH A TIMETABLE ESTABLISHEDBYTHECOMMISSION ;EXCEPTTHATEACHSTAFFPLANMUST BEPRESENTEDTOTHECOMMISSIONNOFEWERTHANTENDAYSAFTERTHE PRESENTATION OF ANY PREVIOUS STAFF PLAN , AND NO FEWER THAN TWENTY -FOUR HOURS AFTER IT HAS BEEN PUBLISHED ONLINE .
STAFF PLANS MUST BE PREPARED , PUBLISHED ONLINE,AND PRESENTED IN ACCORDANCE WITH A TIMETABLE ESTABLISHEDBYTHECOMMISSION ;EXCEPTTHATEACHSTAFFPLANMUST BEPRESENTEDTOTHECOMMISSIONNOFEWERTHANTENDAYSAFTERTHE PRESENTATION OF ANY PREVIOUS STAFF PLAN ,AND NO FEWER THAN -25- 005 TWENTY -FOUR HOURS AFTER IT HAS BEEN PUBLISHED ONLINE.
F THE COMMISSIONFAILSTOESTABLISHATIMETABLEFORTHEPRESENTATIONOF STAFF PLANS WITHIN TEN DAYS AFTER THE COMPLETION OF HEARINGS ON THE PRELIMINARY PLAN ,NONPARTISAN STAFF SHALL ESTABLISH SUCH -26- 005 TIMETABLE .NONPARTISAN STAFFSHALLKEEPEACH PLAN CONFIDENTIAL UNTIL IT IS PUBLISHED ONLINE OR BY A COMPARABLE MEANS OF COMMUNICATING WITH THE PUBLIC USING GENERALLY AVAILABLE TECHNOLOGIES .THECOMMISSIONMAYPROVIDEDIRECTION ,IFAPPROVED BY AT LEAST EIGHT COMMISSIONERS INCLUDING AT LEAST ONE COMMISSIONER UNAFFILIATED WITH ANY POLITICAL PARTY , FOR THE DEVELOPMENT OFSTAFFPLANS THROUGH THE ADOPTIONOFSTANDARDS , GUIDELINES,OR METHODOLOGIES TO WHICH NONPARTISAN STAFF SHALL ADHERE ,INCLUDINGSTANDARDS ,GUIDELINES,ORMETHODOLOGIESTOBE USED TO EVALUATE A PLAN 'S COMPETITIVENESS, CONSISTENT WITH SUBSECTION (3)(dOFSECTION 48.OFTHISARTICLE V.INPREPARINGALL STAFF PLANS ,NONPARTISAN STAFF SHALL ALSO CONSIDER PUBLIC TESTIMONYANDPUBLICCOMMENTSRECEIVEDBYTHECOMMISSIONTHAT ARE CONSISTENT WITH THE CRITERIA SPECIFIED IN SECT48.1OF THIS ARTICLE V.
F THE COMMISSIONFAILSTOESTABLISHATIMETABLEFORTHEPRESENTATIONOF STAFF PLANS WITHIN TEN DAYS AFTER THE COMPLETION OF HEARINGS ON THE PRELIMINARY PLAN ,NONPARTISAN STAFF SHALL ESTABLISH SUCH TIMETABLE .NONPARTISAN STAFFSHALLKEEP EACHPLANCONFIDENTIAL UNTIL IT IS PUBLISHED ONLINE OR BY A COMPARABLE MEANS OF COMMUNICATING WITH THE PUBLIC USING GENERALLY AVAILABLE TECHNOLOGIES .THECOMMISSIONMAYPROVIDEDIRECTION ,IFAPPROVED BY AT LEAST EIGHT COMMISSIONERS INCLUDING AT LEAST ONE COMMISSIONER UNAFFILIATED WITH ANY POLITICAL PARTY , FOR THE DEVELOPMENT OFSTAFFPLANS THROUGH THE ADOPTIONOFSTANDARDS , GUIDELINES,OR METHODOLOGIES TO WHICH NONPARTISAN STAFF SHALL ADHERE ,INCLUDINGSTANDARDS ,GUIDELINESORMETHODOLOGIESTOBE USED TO EVALUATE A PLAN 'S COMPETITIVENESS, CONSISTENT WITH SUBSECTION (3)(dOFSECTION 48.OFTHISARTICLE V.INPREPARINGALL STAFF PLANS ,NONPARTISAN STAFF SHALL ALSO CONSIDER PUBLIC TESTIMONYANDPUBLICCOMMENTSRECEIVEDBYTHECOMMISSIONTHAT ARE CONSISTENT WITH THE CRITERIA SPECIFIED IN SECT48.1OF THIS ARTICLE V.
(4) A NY COMMISSIONER OR GROUP OF COMMISSIONERS MAY REQUEST NONPARTISAN STAFF TO PREPARE ADDITIONAL PLANS OR AMENDMENTSTOPLANS .ANY SUCH REQUEST MUST BE MADE IN APUBLIC HEARING OF THE COMMISSION BUT DOES NOT REQUIRE COMMISSION APPROVAL .
(4) A NY COMMISSIONER OR GROUP OF COMMISSIONERS MAY REQUEST NONPARTISAN STAFF TO PREPARE ADDITIONAL PLANS OR AMENDMENTS TO PLANS .A NY SUCH REQUEST MUST BE MADE INAPUBLIC HEARING OF THE COMMISSION BUT DOES NOT REQUIRE COMMISSION APPROVAL .
LANS OR AMENDMENTS DEVELOPED IN RESPONSE TO SUCH REQUESTS ARE SEPARATE FROM STAFF PLANS , FOR PURPOSES OF SUBSECTION (6)OF THIS SECTI.N (5) (a) TE COMMISSION MAY ADOPT A FINAL SENATE OR HOUSE PLAN AT ANY TIME AFTER PRESENTATION OF THE FIRST STAFF PL,IN WHICHCASENONPARTISANSTAFFDOESNOTNEEDTOPREPAREORPRESENT ADDITIONAL STAFF PLANS FOR THE HOUSE FOR WHICH A MAP HAS BEEN ADOPTED .
LANS OR AMENDMENTS DEVELOPED IN RESPONSE TO SUCH REQUESTS ARE SEPARATE FROM STAFF PLANS , FOR PURPOSES OF SUBSECTION (6)OF THIS SECTI.N (5) (a) TE COMMISSION MAY ADOPT A FINAL SENATE OR HOUSE -26- 005 PLAN AT ANY TIME AFTER PRESENTATION OF THE FIRST STAFF PLA,IN WHICHCASENONPARTISANSTAFFDOESNOTNEEDTOPREPAREORPRESENT ADDITIONAL STAFF PLANS FOR THE HOUSE FOR WHICH A MAP HAS BEEN ADOPTED .
-27- 005 (b) NO LATER THAN SEPTEMBER 15OF THE REDISTRICTING YEA, THE COMMISSION SHALL ADOPT FINAL SENATE AND HOUSE PLAN,WHICH MUST THEN BE SUBMITTED TO THE SUPREME COURT FOR ITS REVIEW AND DETERMINATION IN ACCORDANCE WITHSECTION 48.3OFTHISARTICLE V.
(b) NO LATER THAN SEPTEMBER 15OF THE REDISTRICTING YEA, THE COMMISSION SHALL ADOPT FINAL SENATE AND HOUSE PLAN,WHICH MUST THEN BE SUBMITTED TO THE SUPREME COURT FOR ITS REVIEW AND DETERMINATION IN ACCORDANCEWITHSECTION 48.3OFTHIS ARTICLEV.
Section 48.3.
-27- 005 Section 48.3.
(1) TSUPREME COURT SHALL REVIEW THE SUBMITTED PLANS AND DETERMINE WHETHER THE PLANS COMPLY WITH THE CRITERIA LISTED IN SECTION 48.1OF THIS ARTICLE V.
(1HE SUPREME COURT SHALL REVIEW THE SUBMITTED PLANS AND DETERMINE WHETHER THE PLANS COMPLY WITH THE CRITERIA LISTED IN SECTION 48.1OF THIS ARTICLE V.
THE COURT 'S REVIEW AND DETERMINATION SHALL TAKE -28- 005 PRECEDENCE OVER OTHER MATTERS BEFORE THE COURT .
THE COURT S REVIEW AND DETERMINATION SHALL TAKE PRECEDENCE OVER OTHER MATTERS BEFORE THE COURT .
(2) THE SUPREME COURT SHALL APPROVE THE PLANS SUBMITTED UNLESS IT FINDS THAT THE COMMISSION OR NONPARTISAN STA,IN THE CASE OF A STAFF PLAN SUBMITTED IN THE ABSENCE OF A COMMISSION APPROVED PLAN ,ABUSED ITS DISCRETION IN APPLYING OR FAILING TO APPLY THE CRITERIA LISTED IN SEC48.1OFTHIS ARTICLE V, IN LIGHT OF THE RECORD BEFORE THE COMMISSION.
(2) THE SUPREME COURT SHALL APPROVE THE PLANS SUBMITTED UNLESS IT FINDS THAT THE COMMISSION OR NONPARTISAN STA,IN THE CASE OF A STAFF PLAN SUBMITTED IN THE ABSENCE OF A COMMISSION APPROVED PLAN ,ABUSED ITS DISCRETION IN APPLYING OR FAILING TO APPLY THE CRITERIA LISTED IN SEC48.1OF THIS ARTICLE V, IN LIGHT OF THE RECORD BEFORE THE COMMISSION.
THE SUPREME COURT MAY CONSIDER ANY MAPS SUBMITTED TO THE COMMISSION IN ASSESSING WHETHER THE COMMISSION OR NONPARTISAN STAFF, IN THE CASE OF A STAFF PLAN SUBMITTED IN THE ABSENCE OF A COMMISSION APPROVED PLAN ,ABUSED ITS DISCRETIO.
THE SUPREME COURT MAY CONSIDER ANY MAPS SUBMITTED TO THE COMMISSION IN ASSESSING WHETHER THE COMMISSION OR NONPARTISAN STAFF ,IN THE CASE OF A STAFF PLAN SUBMITTED IN THE ABSENCE OF A COMMISSION APPROVED PLAN ,ABUSED ITS DISCRETIO.
(4) (a) BY N OVEMBER 15 OF THE REDISTRICTING YEAR,THE SUPREME COURT SHALL APPROVE OR RETURN TO THE COMMISSION THE SUBMITTED STATE SENATE PLAN AND THE SUBMITTED STATE HOUSE OF REPRESENTATIVES PLAN.
-28- 005 (4) (a) BY N OVEMBER 15OF THE REDISTRICTING YEAR, THE SUPREME COURT SHALL APPROVE OR RETURN TO THE COMMISSION THE SUBMITTED STATE SENATE PLAN AND THE SUBMITTED STATE HOUSE OF REPRESENTATIVES PLAN.
-29- 005 (b) IF THE COURT RETURNS A PLAN TO THE COMMISSION ,THE COMMISSIONSHALLHAVETWELVEDAYSTOHOLDACOMMISSIONHEARING THAT INCLUDES PUBLIC TESTIMONY AND TO RETURN AN ADOPTED PLAN THAT RESOLVES THE COURT'S REASONS FOR DISAPPROVA.
(b) IF THE COURT RETURNS A PLAN TO THE COMMISSION ,THE COMMISSIONSHALLHAVETWELVEDAYSTOHOLDACOMMISSIONHEARING THAT INCLUDES PUBLIC TESTIMONY AND TO RETURN AN ADOPTED PLAN THAT RESOLVES THE COURT'S REASONS FOR DISAPPROVA.
THE PROVISIONS OF SECTIONS 46 THROUGH 48.3OF THIS ARTICLEV ARE DEEMED AND DECLARED SEVERABLE .
THE -29- 005 PROVISIONS OF SECTIONS 46 THROUGH 48.3 OF THIS ARTICLEV ARE DEEMED AND DECLARED SEVERABLE .
"Shall -30- 005 therebeanamendmenttotheColoradoconstitutionconcerningachange to the manner in which state senate and state house of representatives districts are drawn, and, in connection therewith, reforming the existing legislativereapportionmentcommissionbyexpandingthecommissionto twelve members and authorizing the appointment of members who possess specified qualifications;
"Shall there be an amendment to the Colorado constitution concerning legislative redistricting?" SECTION 3.
prohibiting any one political party's control of the commission by requiring that one-third of commissioners will not be affiliated with any political party, one-third of the commissionerswillbeaffiliatedwiththestate'slargestpoliticalparty,and one-third of the commissioners will be affiliated with the state's second largestpoliticalparty;prohibitingcertainpersons,includingprofessional lobbyists,federalcampaigncommitteeemployees,andfederal,state,and local elected officials, from serving on the commission;
limiting judicial review of a map to a determination by the supreme court of whether the commission or its nonpartisan staff committed an abuse of discretion;
requiring the commission to draw state legislative districts using communities of interest as well as political subdivisions, such as cities and counties, and then to maximize the number of competitive state legislative seats to the extent possible;
and prohibiting maps from being drawn to dilute the electoral influence of any racial or ethnic group or to protect any incumbent, any political candidate, or any political party?" SECTION 3.
-31- 005
-30- 005
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Amendments

1 amendment

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Action History

  1. Signed by the President of the Senate

  2. Signed by the Speaker of the House

  3. House Third Reading Passed - No Amendments

  4. Senate Considered House Amendments - Result was to Concur - Repass

  5. House Committee on Appropriations Refer Unamended to House Committee of the Whole

  6. House Second Reading Special Order - Passed with Amendments - Committee

  7. House Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations

  8. Senate Third Reading Passed with Amendments - Floor

  9. Introduced In House - Assigned to State, Veterans, & Military Affairs

  10. Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole

  11. Senate Second Reading Special Order - Passed - No Amendments

  12. Senate Committee on Legislative Council Refer Unamended to Appropriations

  13. Senate Committee on State, Veterans, & Military Affairs Refer Unamended to Legislative Council

  14. Introduced In Senate - Assigned to State, Veterans, & Military Affairs

Sponsors

  • Kevin Grantham · Primary
  • Stephen Fenberg · Primary
  • Crisanta Duran · Primary
  • Patrick Neville · Primary

Sponsorship breakdown

Export CSV (upgrade) →

4 sponsors · 0 co-sponsors · 98 not signed on

Sponsors (4)

  • Kevin Grantham
  • Stephen Fenberg
  • Crisanta Duran
  • Patrick Neville

Co-sponsors (0)

None.

Not signed on (98)

98 members have not signed on to this bill.

Show all 98 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

BILL

Passed 35 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 34000
Democrat 1000
Total 35000
% of votes cast 100%0%0%0%
How each member voted (35)
Member Party Vote
Court — Yea
Gardner — Yea
Kerr — Yea
Neville T. — Yea
Williams A. — Yea
President — Yea
Aguilar — Yea
Baumgardner — Yea
Cooke — Yea
Coram — Yea
Crowder — Yea
Donovan — Yea
Fenberg — Yea
Fields — Yea
Guzman — Yea
Hill — Yea
Holbert — Yea
Jahn — Yea
Jones — Yea
Kagan — Yea
Kefalas — Yea
Lambert — Yea
Lundberg — Yea
Marble — Yea
Merrifield — Yea
Moreno — Yea
Priola — Yea
Scott — Yea
Smallwood — Yea
Sonnenberg — Yea
Tate — Yea
Todd — Yea
Zenzinger — Yea
Martinez Humenik — Yea
Lorena Garcia Democrat Yea

Official roll call →

CNCRNT RES

Passed 65 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 52000
Democrat 9000
Republican 4000
Total 65000
% of votes cast 100%0%0%0%
How each member voted (65)
Member Party Vote
Becker J. — Yea
Becker K. — Yea
Buckner — Yea
McLachlan — Yea
Neville P. — Yea
Salazar — Yea
Young — Yea
Arndt — Yea
Beckman — Yea
Buck — Yea
Carver — Yea
Covarrubias — Yea
Esgar — Yea
Everett — Yea
Foote — Yea
Garnett — Yea
Ginal — Yea
Gray — Yea
Hamner — Yea
Hansen — Yea
Herod — Yea
Hooton — Yea
Humphrey — Yea
Kraft-Tharp — Yea
Landgraf — Yea
Lawrence — Yea
Lee — Yea
Leonard — Yea
Lontine — Yea
Lundeen — Yea
McKean — Yea
Melton — Yea
Pabon — Yea
Pettersen — Yea
Rankin — Yea
Ransom — Yea
Rosenthal — Yea
Reyher — Yea
Saine — Yea
Sandridge — Yea
Sias — Yea
Singer — Yea
Thurlow — Yea
Willett — Yea
Winkler — Yea
Wist — Yea
Adrienne Benavidez — Yea
Jaquez Lewis — Yea
Michaelson Jenet — Yea
Van Winkle — Yea
Williams D. — Yea
deGruy Kennedy — Yea
Alex Valdez Democrat Yea
Dylan Roberts Democrat Yea
James Coleman Democrat Yea
Jamie Jackson Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Mike Weissman Democrat Yea
Monica Duran Democrat Yea
Tony Exum Democrat Yea
Larry Liston Republican Yea
Lynda Zamora Wilson Republican Yea
Marc Catlin Republican Yea
Ty Winter Republican Yea

Official roll call →

CONCUR

Passed 35 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 34000
Democrat 1000
Total 35000
% of votes cast 100%0%0%0%
How each member voted (35)
Member Party Vote
Court — Yea
Gardner — Yea
Kerr — Yea
Neville T. — Yea
Williams A. — Yea
Aguilar — Yea
Baumgardner — Yea
Cooke — Yea
Coram — Yea
Crowder — Yea
Donovan — Yea
Fenberg — Yea
Fields — Yea
Grantham — Yea
Guzman — Yea
Hill — Yea
Holbert — Yea
Jahn — Yea
Jones — Yea
Kagan — Yea
Kefalas — Yea
Lambert — Yea
Lundberg — Yea
Marble — Yea
Merrifield — Yea
Moreno — Yea
Priola — Yea
Scott — Yea
Smallwood — Yea
Sonnenberg — Yea
Tate — Yea
Todd — Yea
Zenzinger — Yea
Martinez Humenik — Yea
Lorena Garcia Democrat Yea

Official roll call →

AMEND

Passed 35 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 34000
Democrat 1000
Total 35000
% of votes cast 100%0%0%0%
How each member voted (35)
Member Party Vote
Court — Yea
Gardner — Yea
Kerr — Yea
Neville T. — Yea
Williams A. — Yea
President — Yea
Aguilar — Yea
Baumgardner — Yea
Cooke — Yea
Coram — Yea
Crowder — Yea
Donovan — Yea
Fenberg — Yea
Fields — Yea
Guzman — Yea
Hill — Yea
Holbert — Yea
Jahn — Yea
Jones — Yea
Kagan — Yea
Kefalas — Yea
Lambert — Yea
Lundberg — Yea
Marble — Yea
Merrifield — Yea
Moreno — Yea
Priola — Yea
Scott — Yea
Smallwood — Yea
Tate — Yea
Sonnenberg — Yea
Todd — Yea
Zenzinger — Yea
Martinez Humenik — Yea
Lorena Garcia Democrat Yea

Official roll call →

REPASS

Passed 35 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 34000
Democrat 1000
Total 35000
% of votes cast 100%0%0%0%
How each member voted (35)
Member Party Vote
Court — Yea
Gardner — Yea
Kerr — Yea
Neville T. — Yea
Williams A. — Yea
Aguilar — Yea
Baumgardner — Yea
Cooke — Yea
Coram — Yea
Crowder — Yea
Donovan — Yea
Fenberg — Yea
Fields — Yea
Grantham — Yea
Guzman — Yea
Hill — Yea
Holbert — Yea
Jahn — Yea
Jones — Yea
Kagan — Yea
Kefalas — Yea
Lambert — Yea
Lundberg — Yea
Marble — Yea
Merrifield — Yea
Moreno — Yea
Priola — Yea
Scott — Yea
Smallwood — Yea
Sonnenberg — Yea
Tate — Yea
Todd — Yea
Zenzinger — Yea
Martinez Humenik — Yea
Lorena Garcia Democrat Yea

Official roll call →

Subjects

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Frequently asked questions

What does SCR 18-005 do?
The concurrent resolution amends the state constitution to create the independent legislative redistricting commission (commission) to divide the state into state senate and state representative legislative districts. Specifically, the concurrent resolution: Specifies that the commission is appointed after each federal decennial census of the United States; Specifies that the commission consists of 12 members, 4 of whom must be registered with the state's largest political party, 4 of whom must be registered with the state's second largest political party, and 4 of whom must not be registered with any political party; Establishes the qualifications to serve on the commission and the method by which commissioners are appointed; Authorizes the commission to adopt rules and specifies how the commission is staffed, how the commission is funded, how the commission is organized, and sets forth the ethical obligations of the commissioners; Requires the commission to provide the opportunity for public involvement, including multiple hearings, the ability to propose maps, and to testify at commission hearings, and requires hearings to comply with state statutes regarding open meetings; Mandates that paid lobbying of the commission be disclosed to the secretary of state by the lobbyist within 72 hours of when the lobbying occurred or when the payment for lobbying occurred, whichever is earlier; Establishes prioritized factors for the commission to use in drawing districts, including federal requirements, the preservation of communities of interest and political subdivisions, and maximizing the number of competitive districts; Prohibits the commission from approving a map if it has been drawn for the purpose of protecting one or more members of or candidates for state legislative office or a political party, and codifies current federal law and related existing federal requirements prohibiting maps drawn for the purpose of or that results in the denial or abridgement of a person's right to vote or electoral influence on account of a person's race, ethnic origin, or membership in a protected language group; Requires at least 8 of the 12 commissioners, including at least 2 of the commissioners who are not registered with any political party, to approve a redistricting map and specifies the date by which a final map must be approved; Specifies that nonpartisan staff will draft a preliminary redistricting map and up to 3 additional maps, and, in the event of deadlock by the commission, creates a process by which nonpartisan staff submit a final map to the Supreme Court for review based on specified criteria; and Allows for judicial review of a commission approved or nonpartisan staff submitted redistricting map, and limits Supreme Court review to whether the commission or the staff committed an abuse of discretion.(Note: This summary applies to the reengrossed version of this concurrent resolution as introduced in the second house.) , Read More
Who sponsors SCR 18-005?
SCR 18-005 is sponsored by Kevin Grantham, Stephen Fenberg, Crisanta Duran, and Patrick Neville.
What is the current status of SCR 18-005?
This bill has been enacted into law. Introduced April 18, 2018. Enacted.
Where can I track SCR 18-005?
Track SCR 18-005 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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