(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 senatorial or representative district the area should be
assigned as follows:
(a)If the area is surrounded by a representative or senatorial district, the
area shall be assigned to said district; and
(b)If the area is contiguous to two or more representative or senatorial
districts, the area shall 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 senatorial or
representative distr
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(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 senatorial or representative district the area should be
assigned as follows:
(a) If the area is surrounded by a representative or senatorial district, the
area shall be assigned to said district; and
(b) If the area is contiguous to two or more representative or senatorial
districts, the area shall 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 senatorial or
representative 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 senatorial or representative 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 senatorial or representative 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.
(2.5) (a) If a county clerk and recorder discovers that a border between two
senatorial or representative 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
senatorial and representative districts, the remaining portion of the residential
parcel shall be moved into the least populated of the two representative districts;
(III) Would not result in a violation of section 48.1 (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 (2.5), the secretary of state shall describe any potential changes in
populations of affected senatorial or representative 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 (2.5)(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 (2.5)(a) of this section, the supreme court shall
deny the proposed assignment.
(3) 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
senatorial or representative 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 48.1 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
48.1 of article V of the state constitution, the supreme court shall certify a revised
reapportionment plan to the secretary of state.