Colorado § 30-10-306.4 - Deadlines for preparation, amendment, and approval of plans.

§ 30-10-306.4. Deadlines for preparation, amendment, and approval of plans.

(1) The board of county commissioners shall establish deadlines to ensure that the board of county commissioners shall adopt a plan for the redrawing of county commissioner districts no later than September 30 of the redistricting year. These deadlines must include dates by which the following must be accomplished:

(a) The designation of a commission, in accordance with section 30-10-306.1;

(b) The appointment of staff as needed to assist the commission and the acquisition of all necessary resources to enable the commission to begin its work, in accordance with section 30-10-306.2 (1);

(c) The creation of a website and a method for county residents to present testimony, in accordance with section 30-10-306.2 (3);

(d) The submission of written comments to staff by any member of the public and any member of the commission on the creation of not less than three plans for county commissioner districts, created by staff alone, and on communities of interest that require representation in one or more specific areas of the county. Staff shall consider such comments in creating the plans, and such comments shall be part of the record of the commission's activities and proceedings. Staff shall keep each plan confidential until it is published online or by a comparable means of communicating with the public using generally available technologies. The commission may provide direction for the development of these plans through the adoption of standards, guidelines, or methodologies to which staff shall adhere; including standards, guidelines, or methodologies to be used to evaluate a plan's competitiveness, consistent with section 30-10-306.3 (3).

(e) The creation, presentation to the commission, and publishing online of the plans. At public hearings at which the plans are presented, staff shall explain how the plans were created, how the plans address the categories of public comments received, and how the plans comply with the criteria prescribed in section 30-10-306.3.

(f) Three public hearings on the plans, in accordance with 30-10-306.2 (3)(b), in which the commission solicits feedback from the county;

(g) The request by any member of the commission or group of members of the commission for staff to prepare additional plans or amendments to plans. Any such request must be made in a public hearing of the commission but does not require commission approval.

(h) The adoption of a final plan by the commission.

(2) The commission may adjust the deadlines specified in subsection (1) of this section, if conditions outside of the commission's control require such an adjustment to ensure that the board of county commissioners can approve a plan for the redrawing of county commissioner districts no later than September 30 of the redistricting year or if the board of county commissioners directed the commission to adjust a plan pursuant to section 30-10-306.3 (6).

(3) The commission may grant its staff the authority to make technical de minimis adjustments to the adopted plan.

(4) Upon adoption of the plan approved by the commission, the commission shall provide copies of the published plan to the secretary of state and the department of local affairs.

(5) Notwithstanding any provision of law to the contrary, a county commissioner may remain on the board of county commissioners, even if he or she no longer resides in the district he or she represents, until the expiration of his or her term of office, so long as the county commissioner resided in the district he or she represented immediately before a plan for the redrawing of county commissioner districts was adopted in accordance with this section.

Source: L. 2021: Entire section added, (HB 21-1047), ch. 70, p. 286, § 3, effective April 29. L. 2026: (1)(b), (1)(d), (1)(e), (1)(g), and (2) amended, (HB 26-1038), ch. 376, p. 2341, § 7, 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.