Beauprez v. Avalos

• Decision Date: 13 March 2002
• Docket Number: No. 02SC87.,02SC87.
• Parties: Bob BEAUPREZ, Steve Miller, Sue Mitchell, Cheri Ofner, Paul Schauer, Scott Tipton, and Gerald Groswold, Petitioners, v. Rita AVALOS, Lori Fox, Dan Friesen, Ann Knollman, Rick Swain, and Tony Young, Respondents, and The City and County of Denver and Mayor Wellington Webb, Intervenors.
• Court: Colorado Supreme Court

42 P.3d 642

Bob BEAUPREZ, Steve Miller, Sue Mitchell, Cheri Ofner, Paul Schauer, Scott Tipton, and Gerald Groswold, Petitioners, v. Rita AVALOS, Lori Fox, Dan Friesen, Ann Knollman, Rick Swain, and Tony Young, Respondents, and The City and County of Denver and Mayor Wellington Webb, Intervenors.

No. 02SC87.

Supreme Court of Colorado, En Banc.

March 13, 2002.

Friedlob Sanderson Paulson & Tourtillott, LLC, Christopher R. Paulson, Richard C. Kaufman, Denver, Colorado, Attorneys for Petitioners.

Jean E. Dubofsky, PC, Jean E. Dubofsky, Boulder, Colorado, Burke & Neuwirth, PC, Dean Neuwirth, Denver, Colorado, Attorneys for Respondents.

Brownstein Hyatt & Farber, Lynne Hufnagel, P. Cole Finegan, Richard P. Barkley, Denver, Colorado, Attorneys for Congressman Mark Udall.

Isaacson Rosenbaum Woods & Levy, Mark G. Grueskin, Timothy P. Daly, T. Barton French, Jr., Denver, Colorado, City Attorney's Office, J. Wallace Wortham, Jr., David W. Broadwell, Denver, Colorado, Attorneys for The City and County of Denver and Mayor Wellington Webb.

Denis Berckefeldt, Denver, Colorado, pro se.

Justice MARTINEZ delivered the Opinion of the Court.

This case involves the redistricting of the Colorado congressional districts pursuant to the results of the 2000 census, which determined that Colorado is entitled to a seventh representative in the United States House of Representatives. On January 25, 2002, the Denver District Court ("the district court") issued an order decreeing that the current congressional districts as set forth in section 2-1-101, 1 C.R.S. (2001), are unconstitutional and that the Secretary of State of Colorado, Donetta Davidson ("Davidson") is enjoined from conducting the November 2002 congressional district elections pursuant to the current congressional districts. The district court also adopted a redistricting map originally proposed by the Republican leadership, but as modified by the plaintiffs below ("the Avalos plaintiffs"), known as the Amendment to Republican Leadership map ("ARL map").

Petitioners here, intervenors below ("Beauprez"),¹ appealed to the court of appeals, but asked us to issue a writ of certiorari before argument and judgment in that court. On February 7, 2002, we granted certiorari. We now address the following issues: (1) whether the district court properly found that it had jurisdiction in this matter; (2) whether the district court diluted minority voting strength contrary to the Voting Rights Act, 42 U.S.C. § 1973 (1988), and the United States Constitution; (3) whether the district court contravened the requirements of section 47 of the Colorado Constitution; and (4) whether the district court contravened the constitutional mandate regarding the enactment of legislation found in Articles III, IV, and V of the Colorado Constitution. On February 26, 2002, we issued an order and mandate affirming the district court's adoption of the ARL map. We did so before issuing an opinion to expedite the process of determining the new congressional districts and to give the appropriate officials adequate time to prepare for the upcoming elections. In that order, we stated that a written opinion would follow in the near future. This is our opinion explaining the order and mandate of February 26, 2002.

I. Facts and Procedure

With the results of the 2000 census, Colorado became entitled to a new seat in the United States House of Representatives. See U.S. Const. art. I, §§ 2, 3. The task of drawing congressional district boundaries is the province of the general assembly, pursuant to Article V, section 44 of the Colorado Constitution.² As with any legislation passed by the general assembly, the governor must sign such bill into law. Colo. Const. art. IV, § 11. The new congressional districts must be in place by March 11, 2002, to allow the November 2002 general elections to proceed.

Since being notified of Colorado's entitlement to a seventh congressional district on or about April 1, 2001, the general assembly has failed to complete the redistricting process on several occasions. It failed to promulgate a redistricting plan and present it to Governor Owens for his signature at the end of the regular session in 2001. It again failed to promulgate a plan during two special legislative sessions, the second of which ended on October 9, 2001.

Based on this legislative inaction, the Avalos plaintiffs, representing the interests of the State Democratic Party, filed the present action in the district court against Davidson, the Colorado Secretary of State, on May 31, 2001, after the general assembly concluded its regular session. The Avalos plaintiffs sought a declaration that the current congressional districts are unconstitutional and to begin the court process of redistricting if the legislature and governor failed to agree on a plan. Davidson filed a motion to dismiss, arguing that the Avalos plaintiffs lacked standing because the issue of congressional redistricting was not yet ripe, which the district court denied. The district court held a status conference on October 25, 2001, at which it ordered any parties that wished to intervene to do so by November 2, 2001. Seventeen sets of parties intervened. A trial to the court was held from December 17 to December 21, 2001, and again on December 27 and 28, 2001. At the close of trial, the district court announced that it would not issue its decision until January 25, 2002, in order to allow the general assembly another chance to agree on a plan when it convened for its regular session in January 2002. When the general assembly failed to act by the January 25 deadline, the district court issued its ruling adopting the ARL map.

A. The District Court's Decision

The district court issued its decision in this case with both reluctance and certitude. Although the district court recognized that redistricting is the task of the general assembly, it also noted that "there has been a failure of the legislative branch and the Governor to adopt a constitutionally acceptable redistricting plan for the state of Colorado in a timely fashion, [so] this Court must now act and establish a constitutional redistricting plan for Colorado." Avalos v. Davidson, No. 01CV2897, slip. op. at 2 (Denver Dist. Ct. Jan. 25, 2002). It thus set about the task of establishing Colorado's congressional districts.

The district court considered over a dozen plans submitted by many of the parties. The district court heard testimony, including expert testimony, regarding Colorado's geography, ethnic communities, trade and political history, and theories of voter performance. After hearing this testimony, the court notified all parties that it was inclined to work from a map submitted by the representatives of the Republican party, the Republican Leadership Map ("RLM"). The court invited the parties to propose any amendments to the RLM for its consideration. As previously noted, the district court adopted the ARL map, which was an amended RLM and was submitted by the Avalos plaintiffs.

In reaching its decision to adopt the ARL map, the district court relied heavily on Carstens v. Lamm, 543 F.Supp. 68 (D.Colo.1982). Carstens, which involved the congressional redistricting of Colorado following the 1980 census, articulated the relevant constitutional and non-constitutional criteria that a court must employ when determining a redistricting plan. Specifically, Carstens held that a redistricting plan must satisfy two constitutional requirements: (1) equal population in each district, and (2) an absence of racial discrimination in the form of the dilution of minority voting strength. Carstens, 543 F.Supp. at 81-82. Carstens then went on to hold that, when the two constitutional requirements are met by several proposed plans, a court may consider the following non-constitutional factors in adopting a plan: (1) compactness and contiguity, (2) preservation of municipal boundaries, and (3) preservation of communities of interest. Id. at 82.

The district court discussed in detail each of the seven congressional districts of the ARL map that it adopted in the context of the Carstens criteria. Initially, the district court noted that, given the census numbers, the ideal population of each of the seven congressional districts would be approximately 614,000. The district court recognized that each of the seven districts in the ARL map met the constitutional requirement of equal population.³ The district court also found that none of the districts in the ARL map unconstitutionally diluted minority voting strength.⁴ After finding the two constitutional requirements satisfied, the district court considered the non-constitutional factors. When the district court determined that it needed to depart from one of these factors, it explained its reasoning. For example, the district court determined that it was necessary to violate some municipal and county boundaries in District 2. The district court explained, however, that such violation was necessary because a strong community of interest exists for the voters in District 2 around the Rocky Flats facility as well as the development of the area around highway U.S. 36. The district court considered this community of interest as necessitating a single voice in congress. The district court was careful to explain its reasoning regarding the non-constitutional factors for each of the seven districts in the plan it adopted.

We determine that the process utilized by the district court in adopting a redistricting plan was thorough, inclusive, and non-partisan. The district court engaged in an even-handed approach to the complex and detailed process of congressional redistricting. It encouraged all parties and intervenors to submit proposed plans in order for it to adopt a plan that would reflect, as much as possible, the input of the general assembly and the governor, while satisfying the relevant constitutional and non-constitutional criteria.

II. Jurisd...