Colorado § 30-10-306.1 - Commission created - commission composition and appointment.

§ 30-10-306.1. Commission created - commission composition and appointment.

(1) The board of county commissioners in each of the following counties must convene a county commissioner district redistricting commission to approve one or more plans to divide the relevant county into as many districts as there are county commissioners elected by voters of their district:

(a) Counties that have any number of their county commissioners not elected by the voters of the whole county;

(b) Counties that have any number of their county commissioners not elected by the voters of the whole county that change the number of county commissioners in the county; and

(c) Counties that have all of their county commissioners elected by the voters of the whole county that then elect to have any number of their county commissioners not elected by the voters of the whole county.

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

(a) and (b) (Deleted by amendment, L. 2026.)

(c) Shall avoid conflicts of interest based on partisan alignments;

(d) Shall ensure that the commission is an independent committee;

(e) Shall either direct the commission to approve one final plan to divide the relevant county into as many districts as there are county commissioners elected by voters of their district, which plan the board of county commissioners shall adopt as the final plan, or direct the commission to approve at least three final plans to divide the relevant county into as many districts as there are county commissioners elected by voters of their district, which plans the board of county commissioners shall select from in deciding which plan to adopt as the final plan;

(f) Shall not appoint any member to a commission who is a currently elected county commissioner;

(g) Shall establish a reasonably accessible public application process for members of the public to apply to be selected by the board of county commissioners to serve on the commission;

(h) Shall select members to the commission only after providing public notice no fewer than thirty days before the date that the board of county commissioners selects members to the commission; and

(i) Is encouraged to appoint persons who accurately reflect the county's racial, ethnic, gender, and geographic diversity.

(2.5) The board of county commissioners may remove any member of the commission for malfeasance in office, for failure to regularly attend meetings, or for preventing the commission from discharging its duties.

(3) The board of county commissioners in a county described by subsection (1) of this section may not revise or alter county commissioner districts, beyond making de minimis revisions or alterations, unless the board of county commissioners makes such revisions or alterations during a redistricting year in accordance with a final redistricting plan pursuant to section 30-10-306.4.

Source: L. 2021: Entire section added, (HB 21-1047), ch. 70, p. 281, § 3, effective April 29. L. 2026: IP(1) and (2) amended and (2.5) added, (HB 26-1038), ch. 376, p. 2337, § 4, effective August 12.

Editor's note: Section 8(2) of chapter 376 (HB 26-1038), Session Laws of Colorado 2026, provides that the act changing this section applies to the adoption of a county commissioner district redistricting plan that occurs after August 12, 2026, and does not require the adjustment or readoption of a county commissioner district redistricting plan that has been adopted as of August 12, 2026.

Cross references: (1) For the legislative declaration in HB 21-1047, see section 1 of chapter 70, Session Laws of Colorado 2021.

(2) For the short title ("The County Commissioner Redistricting Integrity Act") and the legislative declaration in HB 26-1038, see sections 1 and 2 of chapter 376, Session Laws of Colorado 2026.

ANNOTATION

This section creates a private right of action for county voters. County voters are within the class of persons intended to benefit from the county commissioner redistricting statutes. The general assembly intended to give county voters a private right of action to ensure compliance with the county commissioner redistricting statutes. An implied civil remedy is consistent with the purposes of the county commissioner redistricting statutes' legislative scheme. League of Women Voters v. Bd. of County. Comm'rs, 2025 CO 8, 563 P.3d 1192.