In Re Reapportionment of the Colorado General Assembly

46 P.3d 1083, 2002 Colo. LEXIS 586, 2002 WL 313590
Supreme Court of Colorado·Decided February 22, 2002·No. 01SA386·Published·Cited by 4 cases

Opinions

Justice HOBBS

delivered the opinion of the court.

In this original proceeding, the Colorado Reapportionment Commission (Commission) has resubmitted to us its decennial Apportionment Plan (Readopted Plan) for the reapportionment of Colorado General Assembly house and senate districts, based on the year 2000 federal census, as required under Article V, Section 48(1)(e) of the Colorado Constitution. We approve the Final 2002 Reapportionment Plan.

I.

In our prior opinion, we disapproved the Adopted Plan submitted by the Commission and returned the plan to the Commission for revision,. modification, and resubmission. In re Reapportionment of the Colo. Gen. Assembly, 45 P.3d 1237 (Colo. 2002). We held that the Adopted Plan did not comply with the criteria of Article V, Sections 46 and 47, of the Colorado Constitution because: (1) it was not "sufficiently attentive to county boundaries to meet the requirement of section [1087]*108747(2)," In re Reapportionment of the Colo. Gen. Assembly, 647 P.2d 191, 195 (Colo.1982)[hereinafter "In re Reapportionment 82 "]; and (2) it was not accompanied by "an adequate factual showing that less drastic alternatives could not have. satisfied the equal population requirement of the Colorado Constitution," In re Reapportionment of the Colo. Gen. Assembly, 828 P.2d 185, 195-96 (Colo.1992) [hereinafter "In re Reapportionment 92-I"). For exsample, the Adopted Plan denied whole senate districts to Boulder, Douglas, Jefferson, and Pueblo counties for which they qualify based on the year 2000 census data and the Commission's ideal district projection. In addition, the Commission had not advanced an adequate explanation for division of Adams, Arapahoe, and Mesa counties and the cities of Boulder and Pueblo between senate districts. The Commission subsequently reconvened on three separate occasions, considering a number: of alternative senate reapportionment maps and amendments. On February 7, 2002, the Commission approved the Readopted Plan on a nine to two vote. The Commission resubmitted the Readopted Plan to this Court on February 12, 2002. We accepted objections to the Readopted Plan through February 19, 2002. The Commission submitted its Reply Brief to this Court on February 20, 2002.

IL.

We approve the Readopted Plan as the Final Plan. The Commission has followed the procedures and applied the criteria of federal and Colorado law in adopting its 2002 Final Reapportionment Plan for Colorado General Assembly house and senate districts.

A. Review Criteria

The federal and state constitutional criteria that guide the Commission and this Court, in order of their applied priority are:

(1) the Fourteenth Amendment Equal Protection Clause and the Fifteenth Amendment; (2) section 2 of the Voting Rights Act; (3) article V, section 46 (equality of population of districts in each house); (4) article V, section 47(2)(districts not to cross county lines except to meet. section 46 requirements and the number of cities and towns contained in more than one district minimized); (5) article V, section 47(1)(each district to be as compact as possible and to consist of contiguous whole general election precinets); and (6) article V, section 47(8) (preservation of communities of interest within a district).

In re Reapportionment of the Colo. Gen. Assembly, 45 P.3d 1237, 1247 (Colo. 2002) (citing In re Reapportionment 92-I, 828 P.2d at 190). We review the reapportionment plan and Commission's process to ensure that the Commission substantively applied all six of the criteria and procedurally applied the criteria in order of their stated preference in adopting the final reapportionment plan for the state of Colorado. "The Commission may not apply the lesser criteria over the greater criteria, but it may use the lesser criteria after satisfying the greater criteria. The Commission resolves conflicts by applying the criteria in preferential order, articulating on submittal to us how the Adopted Plan reflects the criteria." In re Reapportionment of the Colo. Gen. Assembly, 45 P.3d at 1247 (Colo. 2002) (citations omitted).

B. Plan Compliance

We conclude that the Readopted Plan satisfies the six constitutional criteria enumerated in our decision. Id. 45 P.3d at 1247. The Readopted Plan provides whole senate districts to Boulder, Douglas, Jefferson, and Pueblo counties for which they qualify based on the year 2000 census data and the Commission's ideal district projection. The Readopted Plan provides Arapahoe County with four whole senate districts, the number for which Arapahoe County almost qualified using the year 2000 federal census data. Mesa County is no longer divided in the Readopted Plan; a portion of Garfield County was added to it to complete Mesa County's senate district. The cities of Boulder and Pueblo are no longer divided between senate districts in the Readopted Plan. ~

The Readopted Plan contains divisions of Adams County between senate districts and divisions of the City of Boulder between house districts. However, the Commission [1088]*1088has advanced adequate explanations for the divisions of Adams County and the City of Boulder, and we determine that the divisions do not offend the constitution.

The following chart submitted by the Commission illustrates the changes in the number of whole senate district allotments between the Adopted and Readopted Plan. The chart also reflects year 2000 federal census population numbers which have been adjusted to reflect the subsequent creation of the City and County of Broomfield.

[[Image here]]

The Adopted Plan divided Douglas County between Senate Districts 2 and 830, thus denying Douglas County the one whole senate district for which it qualified based upon its population. The Readopted Plan provides Douglas County with one whole senate district entirely within its boundaries in Senate District 30. The Adopted Plan also divided Pueblo County between Senate Districts 3 and 4, thus denying Pueblo County the one whole senate district for which it qualified based upon its population. The Readopted Plan provides Pueblo County with one whole senate district entirely within its boundaries in Senate District 8.

The Adopted Plan divided Boulder County between Senate Districts 18 and 19, thus providing Boulder County with only one of the two whole senate districts for which it qualified based upon its population. The Readopted Plan provides Boulder County with two whole senate districts entirely within its boundaries in Senate Districts 17 and 18. The Adopted Plan also divided Jefferson County between Senate Districts 19 and 23, thus providing Jefferson County with only three of the four whole senate districts for which it qualified based upon its population. The Readopted Plan provides Jefferson County with four whole senate districts within its boundaries (Senate Districts 19, 20, 21 and 22).

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In Re Reapportionment of the Colorado General Assembly, 46 P.3d 1083, 2002 Colo. LEXIS 586, 2002 WL 313590 (Colo. 2002).

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