CO Code § 30-10-306 (2021)
2021 Colorado Code|Title 30 - Government - County|Article 10 - County Officers|Part 3 - County Commissioners|§ 30-10-306. Commissioners' Districts - Vacancies - Definitions

  Each county must be divided into three compact districts by the board of county commissioners. Each district must be as nearly equal in population as possible based on the redistricting population data prepared by staff of the legislative council and office of legislative legal services, or any successor offices, in accordance with section 2-2-902. In no event shall there be more than five percent deviation between the most populous and the least populous district in each county, at the time such district boundaries are adopted. Each district must be numbered consecutively and must not be subject to alteration more often than once every two years. One county commissioner must be elected from each of such districts by the voters of the whole county. If any county commissioner, during his or her term of office, moves from the district in which he or she resided when elected, his or her office thereupon becomes vacant. All proceedings by the board of county commissioners in formation of such districts not inconsistent with this section are confirmed and validated.    Each county having a population of seventy thousand or more that has chosen to increase the members of the board of county commissioners from three to five must be divided into three or five districts by the board of county commissioners according to the method of election described in section 30-10-306.5 (5) or (6) or section 30-10-306.7. When applicable, the board of county commissioners shall divide the county into districts in accordance with the final redistricting plan approved in accordance with section 30-10-306.4. The districts must be as nearly equal in population as possible based on the redistricting population data prepared by staff of the legislative council and office of legislative legal services, or any successor offices, in accordance with section 2-2-902. In no event shall there be more than five percent deviation between the most populous and the least populous district in each county, at the time such district boundaries are adopted. Each district must be numbered consecutively and is not subject to alteration more often than once every two years; except that, notwithstanding subsection (3) of this section, the board may alter the districts to conform to precinct boundaries that are changed in accordance with section 1-5-103 (1), based on the division of the state into congressional districts or an approved plan for redistricting of the members of the general assembly when necessary to ensure that no precinct is located in more than one district. County commissioners are elected at large or from districts according to the method of election described in section 30-10-306.5 (5) or (6) or section 30-10-306.7. If any county commissioner required to be resident in a district moves during his or her term of office from the district in which he or she resided when elected, his or her office thereupon becomes vacant. All proceedings by the board of county commissioners in formation of such districts not inconsistent with this section are confirmed and validated.    When a board of county commissioners determines to change the boundaries of commissioner districts or when new districts are created, such changes or additions must be made only in odd-numbered years and, if made, must be completed by July 1 of such year, except in cases of changes resulting from either changes in county boundaries or from a final redistricting plan in accordance with section 30-10-306.4.    Notwithstanding subsections (1) to (3) of this section, after each federal census of the United States, each commissioner district must be established, revised, or altered to assure that such districts are as nearly equal in population as possible based on the redistricting population data prepared by staff of the legislative council and office of legislative legal services, or any successor offices, in accordance with section 2-2-902. In no event shall there be more than five percent deviation between the most populous and the least populous district in each county, at the time such district boundaries are adopted. The establishment, revision, or alteration of districts required by this subsection (4) must be completed by September 30 of the second odd-numbered year following such census. If a district is revised or altered in accordance with this subsection (4) in a manner that excludes the residence of a county commissioner elected to represent the district, the county commissioner remains eligible and may continue to hold the office of county commissioner until his or her term of office expires.    No less than thirty days before adopting any resolution to change the boundaries of commissioner districts, or create new commissioner districts, unless the board of county commissioners is making such changes in accordance with a final redistricting plan in accordance with section 30-10-306.4, the board of county commissioners shall hold a public hearing on the proposed district boundaries.    As used in this section and sections 30-10-306.1 to 30-10-306.4, unless the context otherwise requires:   ”Advisory committee“ means a group of persons who are not nonpartisan staff of the county who are assigned to assist the commission by the board of county commissioners. The board of county commissioners may delegate any functions but the final adoption of a plan to the advisory committee. 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 political party, and not affiliated with any political party. For purposes of 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 by the secretary of state for the earliest day in January of the redistricting year for which such data is published.    ”Commission“ means a county commissioner district redistricting commission, whether the commission is an independent county commissioner district redistricting commission or not. A county commissioner district redistricting commission can be made up solely of the members of a county's board of county commissioners.      ”Community of interest“ means any group in a county that shares one or more substantial interests that may be the subject of action by the board of county commissioners, is composed of a reasonably proximate population, and should be considered for inclusion within a single district for purposes of ensuring its fair and effective representation. (c) (I) ”Community of interest“ means any group in a county that shares one or more substantial interests that may be the subject of action by the board of county commissioners, is composed of a reasonably proximate population, and should be considered for inclusion within a single district for purposes of ensuring its fair and effective representation.    Such interests include but are not limited to matters reflecting:   Shared public policy concerns of urban, rural, agricultural, industrial, or trade areas; and    Shared public policy concerns such as education, employment, environment, public health, transportation, water needs and supplies, and issues of demonstrable regional significance.       Groups that may comprise a community of interest include racial, ethnic, and language minority groups, subject to compliance with sections 30-10-306.3 (1)(b) and (4)(b), which subsections protect against the denial or abridgement of the right to vote due to a person's race or language minority group.    ”Community of interest“ does not include relationships with political parties, incumbents, or political candidates.       ”Independent commission“ means an independent county commissioner district redistricting commission created in accordance with section 30-10-306.1 (2).    ”Plan“ means a depiction of the boundaries of county commissioner districts.    ”Population“ means the total population data referenced in section 2-2-901 and prepared by the staff of the legislative council and office of legislative legal services, or any successor offices, in accordance with section 2-2-902 (4).    ”Race“ or ”racial“ means a category of race or ethnic origin documented in the federal decennial census.    ”Redistricting year“ means the second odd-numbered year following the year in which the federal decennial census is taken or the year following a county electing to have any number of its county commissioners not elected by the voters of the whole county.    ”Staff“ means the nonpartisan staff of the county who are assigned to assist the commission by the board of county commissioners.         History. Source: G.L. § 438. L. 1881: P. 100, § 1. G.S. § 530. L. 01: P. 144, § 1. R.S. 08: § 1196. C.L. § 8672. CSA: C. 45, § 15. CRS 53: § 35-3-6 . L. 63: P. 262, § 1. C.R.S. 1963: § 35-3-6 . L. 75: Entire section R&RE, p. 190, § 2, effective April 24. L. 80: (3) added, p. 424, § 2, effective March 25; (2) amended, p. 411, § 18, effective January 1, 1981. L. 84: (3) amended and (4) added, p. 818, § 1, effective March 26. L. 88: (2) amended, p. 1113, § 2, effective April 9; (3) amended, p. 298, § 4, effective January 1, 1989. L. 2002: (1), (2), and (4) amended and (5) added, p. 135, § 1, effective August 7. L. 2020: (2) amended,(SB 20-186), ch. 272, p. 1330, § 17, effective July 11. L. 2021: Entire section amended,(HB 21-1047), ch. 70, p. 278, § 2, effective April 29.    Cross references:   For the legislative declaration in HB 21-1047, see section 1 of chapter 70, Session Laws of Colorado 2021.   ANNOTATION   Intent of ”by the county commissioners“. When the general assembly in 1963 amended this statute by adding the words ”by the county commissioners“, the supreme court believed to be obvious that it was the general assembly's intent to make it clear and unmistakable that the county commissioners henceforth had the duty and responsibility to maintain their commission districts as compact districts with populations as nearly equal as possible. Bd. of County Comm'rs v. Edwards, 171 Colo. 499 , 468 P.2d 857 (1970).   This section does, in fact, impose a positive duty upon the commissioners to redistrict. Bd. of County Comm'rs v. Edwards, 171 Colo. 499 , 468 P.2d 857 (1970).   When the general assembly used the word ”shall“, it intended to impose upon the county commissioners a mandatory duty and not suggest merely a permissive or discretionary act. Bd. of County Comm'rs v. Edwards, 171 Colo. 499 , 468 P.2d 857 (1970).   This section is tantamount to a command upon the county commissioners to properly apportion their commissioner districts, and either neglecting or refusing to obey this command amounts to a disregard of statutory duty in not taking affirmative action. Bd. of County Comm'rs v. Edwards, 171 Colo. 499 , 468 P.2d 857 (1970).   The functions of a board of county commissioners under this section are administrative, and it cannot evade its responsibility to take the necessary affirmative action where such is required to correct malapportionment of commissioner districts. Bd. of County Comm'rs v. Edwards, 171 Colo. 499 , 468 P.2d 857 (1970).   Failure or refusal to act proper basis for judicial intercession. Either the failure within a reasonable time or the refusal to act upon the petition of citizens when redistricting is required in order to comply with the law, is a proper basis for judicial intercession. Bd. of County Comm'rs v. Edwards, 171 Colo. 499 , 468 P.2d 857 (1970).   And mandamus has been upheld as a remedy to require county commissioners to comply with this section. Bd. of County Comm'rs v. Edwards, 171 Colo. 499 , 468 P.2d 857 (1970).   There is no reason to distinguish between ”compact“ in the constitutional provision relating to legislative districts and the same term in the statute concerning commissioner districts. Allen v. Bd. of County Comm'rs, 178 Colo. 354 , 497 P.2d 1026 (1972).   And compactness concerns a geographic area whose boundaries are as nearly equidistant as possible from the geographic center. Allen v. Bd. of County Comm'rs, 178 Colo. 354 , 497 P.2d 1026 (1972).   Compactness requirement satisfied. Where county was redistricted into three districts, one of which had an area of five square miles and the other two of which had areas of over 1200 square miles, but where the new districts were much more equal in population than the old, the requirement of compactness was satisfied. Allen v. Bd. of County Comm'rs, 178 Colo. 354 , 497 P.2d 1026 (1972).   Commissioners may express views privately. Where, at an earlier private meeting, two of the county commissioners agreed to support a redistricting plan when it was proposed by residents of a city in one of the proposed districts, this conduct of the two commissioners did not invalidate the later action of the board in adopting the plan, because it is desirable for commissioners to seek the sentiments of various citizens and it is not improper for them to state their views on matters which will later come before them for action. Allen v. Bd. of County Comm'rs, 178 Colo. 354 , 497 P.2d 1026 (1972).   No party affiliation required. The state constitution provides that any qualified voter is eligible to hold the office of county commissioner, and this section additionally requires one commissioner shall be elected from each district by the voters of the entire county, but it is not necessary that one have any party affiliation in order to hold the office of county commissioner. Andersen v. Smyth, 146 Colo. 165 , 360 P.2d 970 (1961); Mohler v. Johnson, 196 Colo. 330 , 584 P.2d 1218 (1978).   But residency is. A person is not eligible for designation as a candidate for nomination to the office of county commissioner unless at the time of the designation he is a resident of the district he seeks to represent. Spain v. Fischahs, 143 Colo. 464 , 354 P.2d 502 (1960).   Under this section, the designee of a political party for nomination to the office of county commissioner must be a resident of the district which he seeks to represent at the time of the county assembly of the political party at which candidates are designated. Spain v. Fischahs, 143 Colo. 464 , 354 P.2d 502 (1960); Mohler v. Johnson, 196 Colo. 330 , 584 P.2d 1218 (1978).   The ”removal“ contemplated by former section was not a mere temporary change of place of abode from one district to another, whether it be for pleasure, temporary convenience or for business reasons, and to work a vacancy in the office the removal which the general assembly had in mind must be with a fixed intention by the commissioner who goes from one district to another to give up his legal residence or home in the former, and at the same time to acquire a domicile or legal home in the latter. People v. Espinoza, 81 Colo. 198 , 254 P. 778 (1927).