Co. Const. art. V, § 44 — Article V / Section 44
CO Const., Article V, Section 44
Status: in_force

Representatives in congress - congressional districts - commission created. (1) Declaration of the people. The people of the state of Colorado find and declare that: (a) The practice of political gerrymandering, whereby congressional districts are purposefully drawn to favor one political party or incumbent politician over another, must end; (b) The public'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's two largest parties, and utilizes nonpartisan ​ legislative 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; (d) Competitive elections for members of the United States house of representatives 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 subdivisions; (e) For years certain political interests opposed competitive districts in Colorado because they are primarily concerned about maintaining their own political power at the expense of fair and effective representation; and (f) Citizens want and deserve an inclusive and meaningful congressional 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) Congressional districts - commission created. There is hereby created the independent congressional redistricting commission. The commission shall divide the state into as many congressional districts as there are representatives in congress apportioned to this state by the congress of the United States for the election of one representative to congress from each district. When a new apportionment is made by congress, the commission shall divide the state into congressional districts accordingly. (3) Definitions. As used in this section and in sections 44.1 through 44.6 of this article V, unless the context otherwise requires: (a) "Commission" means the independent congressional redistricting commission created in subsection (2) of this section. (b) (I) "Community of interest" means any group in Colorado that shares one or more substantial interests that may be the subject of federal legislative action, is composed of a reasonably proximate population, and thus should be considered for inclusion within a single district for purposes of ensuring its fair and effective representation. (II) Such interests include but are not limited to matters reflecting: (A) Shared public policy concerns of urban, rural, agricultural, industrial, or trade areas; and (B) Shared public policy concerns such as education, employment, environment, public health, transportation, water needs and supplies, and issues of demonstrable regional significance. (III) Groups that may comprise a community of interest include racial, ethnic, and language minority groups, subject to compliance with subsections (1)(b) and (4)(b) of section 44.3 of this article V, 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 parties, incumbents, or political candidates. (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 year in which the federal decennial ​ census is taken. (e) "Staff" or "nonpartisan staff" means the staff of the general assembly's legislative council and office of legislative legal services, or their successor offices, who are assigned to assist the commission by the directors of those offices in accordance with section 44.2 of this article V. (4) Adjustment of dates. If any date prescribed in sections 44.1 through 44.5 of this article V falls on a Saturday, Sunday, or legal holiday, then the date is extended to the next day that is not a Saturday, Sunday, or legal holiday. Source: Entire article added, effective August 1, 1876, see L. 1877, p. 44. L. 74: Entire section amended, p. 451, effective January 1, 1975. Referred 2018: Entire section amended, Amendment Y, L. 2018, p. 3082, effective upon proclamation of the Governor, December 19, 2018. See L. 2019, p. 4542. Editor's note: The Governor's proclamation date in 1974 was December 20, 1974. Cross references: For congressional apportionment, see § 2-1-101.