Co. Const. art. V, § 46 — Article V / Section 46
CO Const., Article V, Section 46
Status: in_force

Senatorial and representative 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 legislative 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 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 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 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) Legislative districts - commission created. There is hereby created the independent legislative redistricting commission. The commission shall divide the state into as many senatorial and representative districts as there are members of the senate and house of representatives respectively. After each federal decennial census, the senatorial districts and representative districts shall be established, revised, or altered, and the members of the senate and the house of representatives apportioned among them, by the independent legislative redistricting commission. (3) Definitions. As used in this section and in sections 47 through 48.4 of this article V, unless the context otherwise requires: (a) "Commission" means the independent legislative 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 state 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 48.1 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 48 of this article V. (4) Adjustment of dates. If any date prescribed in sections 47 through 48.3 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. 50: Entire section amended, see L. 51, p. 555. Initiated 62: Entire section R&RE, see L. 63, p. 1045. Initiated 66: Entire section R&RE, see L. 67, p. 11 of the supplement to the 1967 Session Laws. L. 74: Entire section amended, p. 451, effective January 1, 1975. Initiated 74: Entire section was amended, effective upon proclamation of the Governor, December 20, 1974, but does not appear in the session laws. Referred 2018: Entire section amended, Amendment Z, L. 2018, p. 3096, effective upon proclamation of the Governor, December 19, 2018. See L. 2019, p.4543. Editor's note: The Governor's proclamation date for the 1974 referred measure was December 20, 1974. Cross references: For historical background of and cases construing "Amendment No. 7" in 1962, sections 45 to 48 of this article, see section 45 of this article.