(1) Each
county must be divided into three compact districts by the board of county
commissioners. Each district must be as nearly equal in population as possible
based on the redistricting population data prepared by staff of the legislative
council and office of legislative legal services, or any successor offices, in
accordance with section 2-2-902. In no event shall there be more than five percent
deviation between the most populous and the least populous district in each
county, at the time such district boundaries are adopted. Each district must be
numbered consecutively and must not be subject to alteration more often than
once every two years. One county commissioner must be elected from each of such
districts by the voters of the whole county. If any county commissioner, during his
or her term of office, moves from the district in which he or she resided when
elected, his or her office thereupon becomes vacant. All proceedings by the board
of county commissioners in formation of such districts not inconsistent with this
section are confirmed and validated.
(2) Each county having a population of seventy thousand or more that has
chosen to increase the members of the board of county commissioners from three
to five must be divided into three or five districts by the board of county
commissioners according to the method of election described in section 30-10-306.5 (5) or (6) or section 30-10-306.7. When applicable, the board of county
commissioners shall divide the county into districts in accordance with the final
redistricting plan approved in accordance with section 30-10-306.4. The districts
must be as nearly equal in population as possible based on the redistricting
population data prepared by staff of the legislative council and office of legislative
legal services, or any successor offices, in accordance with section 2-2-902. In no
event shall there be more than five percent deviation between the most populous
and the least populous district in each county, at the time such district boundaries
are adopted. Each district must be numbered consecutively and is not subject to
alteration more often than once every two years; except that, notwithstanding
subsection (3) of this section, the board may alter the districts to conform to
precinct boundaries that are changed in accordance with section 1-5-103 (1), based
on the division of the state into congressional districts or an approved plan for
redistricting of the members of the general assembly when necessary to ensure
that no precinct is located in more than one district. County commissioners are
elected at large or from districts according to the method of election described in
section 30-10-306.5 (5) or (6) or section 30-10-306.7. If any county commissioner
required to be resident in a district moves during his or her term of office from the
district in which he or she resided when elected, his or her office thereupon
becomes vacant. All proceedings by the board of county commissioners in
formation of such districts not inconsistent with this section are confirmed and
validated.
(3) When a board of county commissioners determines to change the
boundaries of commissioner districts or when new districts are created, such
changes or additions must be made only in odd-numbered years and, if made, must
be completed by July 1 of such year, except in cases of changes resulting from
either changes in county boundaries or from a final redistricting plan in accordance
with section 30-10-306.4.
(4) Notwithstanding subsections (1) to (3) of this section, after each federal
census of the United States, each commissioner district must be established,
revised, or altered to assure that such districts are as nearly equal in population as
possible based on the redistricting population data prepared by staff of the
legislative council and office of legislative legal services, or any successor offices,
in accordance with section 2-2-902. In no event shall there be more than five
percent deviation between the most populous and the least populous district in
each county, at the time such district boundaries are adopted. The establishment,
revision, or alteration of districts required by this subsection (4) must be completed
by September 30 of the second odd-numbered year following such census. If a
district is revised or altered in accordance with this subsection (4) in a manner that
excludes the residence of a county commissioner elected to represent the district,
the county commissioner remains eligible and may continue to hold the office of
county commissioner until his or her term of office expires.
(5) No less than thirty days before adopting any resolution to change the
boundaries of commissioner districts, or create new commissioner districts, unless
the board of county commissioners is making such changes in accordance with a
final redistricting plan in accordance with section 30-10-306.4, the board of county
commissioners shall hold a public hearing on the proposed district boundaries.
(6) As used in this section and sections 30-10-306.1 to 30-10-306.4, unless
the context otherwise requires:
(a) Advisory committee means a group of persons who are not nonpartisan
staff of the county who are assigned to assist the commission by the board of
county commissioners. The board of county commissioners may delegate any
functions but the final adoption of a plan to the advisory committee. The advisory
committee must be composed of an equal number of members who are affiliated
with the state's largest political party, affiliated with the state's second largest
political party, and not affiliated with any political party. For purposes of this
subsection (6)(a), the state's two largest political parties shall be determined by the
number of registered electors affiliated with each political party in the state
according to voter registration data published by the secretary of state for the
earliest day in January of the redistricting year for which such data is published.
(b) Commission means a county commissioner district redistricting
commission, whether the commission is an independent county commissioner
district redistricting commission or not. A county commissioner district redistricting
commission can be made up solely of the members of a county's board of county
commissioners.
(c) (I) Community of interest means any group in a county that shares one
or more substantial interests that may be the subject of action by the board of
county commissioners, is composed of a reasonably proximate population, and
should be considered for inclusion within a single district for purposes of ensuring
its fair and effective representation.
(II) Such interests include but are not limited to matters reflecting:
(A) Shared public policy concerns of urban, rural, agricultural, industrial, or
trade areas; and
(B) Shared public policy concerns such as education, employment,
environment, public health, transportation, water needs and supplies, and issues of
demonstrable regional significance.
(III) Groups that may comprise a community of interest include racial, ethnic,
and language minority groups, subject to compliance with sections 30-10-306.3
(1)(b) and (4)(b), which subsections protect against the denial or abridgement of the
right to vote due to a person's race or language minority group.
(IV) Community of interest does not include relationships with political
parties, incumbents, or political candidates.
(d) Independent commission means an independent county commissioner
district redistricting commission created in accordance with section 30-10-306.1 (2).
(e) Plan means a depiction of the boundaries of county commissioner
districts.
(f) Population means the total population data referenced in section 2-2-901 and prepared by the staff of the legislative council and office of legislative
legal services, or any successor offices, in accordance with section 2-2-902 (4).
(g) Race or racial means a category of race or ethnic origin documented
in the federal decennial census.
(h) Redistricting year means the second odd-numbered year following the
year in which the federal decennial census is taken or the year following a county
electing to have any number of its county commissioners not elected by the voters
of the whole county.
(i) Staff means the nonpartisan staff of the county who are assigned to
assist the commission by the board of county commissioners.