Colorado § 2-1-106 - Attachments and detachments.

§ 2-1-106. Attachments and detachments.

(1) If any area of the state is omitted from the redistricting plan approved by the Colorado supreme court, inadvertently or by virtue of the complexities of the census materials used in the development of the plan, the secretary of state, upon discovery of such omission, shall determine to which congressional district the area should be assigned as follows:

(a) If the area is surrounded by a congressional district, the area must be assigned to said district; and

(b) If the area is contiguous to two or more congressional districts, the area must be assigned to the district that has the least population according to the latest national census.

(2) If any area of the state is included in two or more congressional districts in the redistricting plan approved by the Colorado supreme court, inadvertently or by virtue of the complexities of the census materials used in the development of the plan, the secretary of state, upon discovery of such inclusion, shall detach said area from the congressional district or districts having the largest population and shall designate such area as being assigned to the district having the least population; except that, if such area is wholly surrounded by a congressional district and inadvertently is also included in another district, the secretary of state shall assign such area to the district wholly surrounding such area, regardless of population.

(3) (a) If a county clerk and recorder discovers that a border between two congressional districts divides a residential parcel between the two districts and the clerk and recorder wishes to have the border moved, the clerk and recorder shall submit to the secretary of state documentation, satisfactory to the secretary of state, evidencing such division. If the secretary of state believes that the border should be moved, the secretary of state shall propose moving the border between the two districts to a visible feature normally relied upon by the United States census bureau such that the border:

(I) Does not split a residential parcel;

(II) Moves the remaining portion of the residential parcel into the least populated of the two districts; except that, if the border is a border between both congressional districts, the remaining portion of the residential parcel must be moved into the least populated of the two congressional districts;

(III) Would not result in a violation of section 44.3 (1)(a) of article V of the state constitution based upon the latest national census;

(IV) Minimizes the impact on the affected community for purposes of establishing polling locations; and

(V) Minimizes changes in distances from the redistricting plan approved by the Colorado supreme court.

(b) If the secretary of state proposes moving any border pursuant to this subsection (3), the secretary of state shall describe any potential changes in populations of affected congressional districts, based on the latest national census, to the Colorado supreme court. If the supreme court determines that the assignments made by the secretary of state satisfy the criteria established in subsection (3)(a) of this section, the supreme court may approve said assignments. If the supreme court determines that the assignment does not satisfy the criteria established in subsection (3)(a) of this section, the supreme court shall deny the proposed assignment.

(4) Following the assignment of any area pursuant to the provisions of subsection (1) or (2) of this section, the secretary of state shall certify the population of such assigned area and any changes in populations of affected congressional districts, based on the latest national census, to the Colorado supreme court. If the supreme court determines that the assignments made by the secretary of state would not result in a violation of the population requirements of section 44.3 (1)(a) of article V of the state constitution, the supreme court shall approve said assignments. If the supreme court determines that the assignments would result in a violation of the population requirements of section 44.3 (1)(a) of article V of the state constitution, the supreme court shall certify a revised reapportionment plan to the secretary of state.

Source: L. 2020: Entire section added, (SB 20-186), ch. 272, p. 1321, § 2, effective July 11.