IN RE REAPPORTIONMENT OF GENERAL ASSEMBLY
| Citation | 45 P.3d 1237 |
| Decision Date | 28 January 2002 |
| Docket Number | No. 01SA386.,01SA386. |
| Parties | In re REAPPORTIONMENT OF THE COLORADO GENERAL ASSEMBLY. |
| Court | Colorado Supreme Court |
Holme Roberts & Owen, LLP, Daniel J. Dunn, Manuel L. Martinez, Richard F. Rodriguez, Colorado Reapportionment Commission, Rebecca C. Lennahan, Jeremiah B. Barry, Denver, CO, Attorneys for the Proponent Colorado Reapportionment Commission.
Davis Graham & Stubbs LLP, Gale T. Miller, Denver, CO, Attorneys for Proponents Jennie Sanchez, Adeline Sanchez and Debra Cassanova.
Berenbaum, Weinshienk & Eason, P.C., Michael J. Belo, Martin D. Buckley, Denver, CO, Attorneys for Proponent Colorado AFL-CIO.
Berenbaum, Weinshienk & Eason, P.C., Charles A. Bewley, Denver, CO, Attorneys for Proponent Colorado Metro Citizens for Fair Reapportionment.
John H. Vigil, pro se, Arvada, CO, Representing Proponent John H. Vigil (Adams County Citizen).
Trimble, Tate & Nulan, P.C., Penfield W. Tate III, Lydia M. Tate, Denver, CO, Attorneys for Proponent Blacks for Fair Reapportionment.
Rothgerber Johnson & Lyons LLP, James M. Lyons, Douglas B. Tumminello, Thomas M. Rogers III, Denver, CO, Attorneys for Proponents Stan Matsunaka, President of the Colorado State Senate; Ed Perlmutter, President Pro Tem of the Colorado State Senate; and Bill Thiebaut, Majority Leader of the Colorado State Senate.
Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, CO, Burke & Neuwirth, P.C., Dean S. Neuwirth, Denver, CO, Attorneys for Proponent Timothy D. Knaus, Chairman of the Colorado State Democratic Party.
Ballard Spahr Andrews & Ingersoll, LLP, A. Thomas Downey, Denver, CO, Attorneys for Proponent Dan Grossman, Colorado House Minority Leader.
LeBoeuf, Lamb, Greene & MacRae, LLP, Robert N. Miller, Stephanie E. Dunn, Michael D. Smith, Denver, CO, Attorneys for Opposers Jeffrey M. Wells, Senator Mark D. Hillman, Richard P. "Sandy" Hume, Representative Mark Paschall and Heather M. Witwer (Colorado Reapportionment Commission Members).
Bullock Law Office, LLC, James R. Bullock, La Junta, CO, Attorneys for Opposers Estelle Thaller and Dan Sandoval.
Shawn Mitchell, Broomfield, CO, Mendenhall & Malouff, LLP, H. Barton Mendenhall, Rocky Ford, CO, Attorneys for Opposers Steve Olstad, James Martinez and Karen Nelson (Broomfield citizens). John Martin, Chairman Commissioner, pro se, Walt Stowe, Commissioner, pro se, Larry McCown, Commissioner, pro se, Don K. Deford, Glenwood Springs, CO, Attorney for Opposer Garfield County Board of County Commissioners.
Luis A. Corchado, Littleton, CO, Attorney for Opposer Colorado Hispanic Bar Association.
Hale Hackstaff Tymkovich, LLP, Allan L. Hale, Richard A. Westfall, Richard W. Dailey, Scott E. Gessler, Denver, CO, Attorneys for Opposers Betty Chronic, Richard P. Hume, William Swenson and Betty Swenson.
Hale Hackstaff Tymkovich, LLP, Allan L. Hale, Richard A. Westfall, Richard W. Dailey, Scott E. Gessler, Denver, CO, Attorneys for Opposers Richard P. Hume, Betty Chronic and William Berens (Boulder County Citizens).
Robert S. Gardner, Colorado Springs, CO, Attorney for Opposers Mark Sessions, Willie H. Breazell Sr., Lionel Rivera, Charles D. Broerman and Sarah Jack (El Paso County Citizens).
Susan Fey, pro se, Crestone, CO, Representing Opposers Towns of Crestone and Villa Grove.
Friedlob Sanderson Paulson & Tourtillott, P.C., Richard C. Kaufman, Christopher R. Paulson, Denver, CO, Attorneys for Opposers John Brackney, Andre Suharka and Citizens for Constitutional Maps.
Cathie Zarlingo, President, pro se, Mary K. Kalenian, Secretary, pro se, Grand Junction, CO, Representing Opposer Mesa County Valley School District No. 51 Board of Education.
Mesa County Attorney's Office, Maurice Lyle Dechant, Mesa County Attorney, Angela M. Luedtke, Assistant Mesa County Attorney, Grand Junction, CO, Attorneys for Opposer Mesa County Board of County Commissioners.
Reid & Scheffel, Mark H. Scheffel, Thomas J. Burke, Parker, CO, Attorneys for Opposer Douglas/Elbert Citizens for Fair State Senate Representation.
Richard O. Schroeder, Highlands Ranch, CO, Attorney for Opposer Don Lee.
Williams, Turner & Holmes, P.C., Mark A. Hermundstad, Grand Junction, CO, Attorneys for Opposer Ute Water Conservancy District.
R. Bruce Smith, Town Administrator, pro se, Collbran, CO, Representing Opposer Town of Collbran.
Carter & Sands, P.C., Stephen L. Carter, Rifle, CO, Attorneys for Opposer Town of Palisade.
Carter & Sands, P.C., Stephen L. Carter, Rifle, CO, Attorneys for Opposer City of Fruita.
Doyle, Zakhem, Suhre, & Lilly, LLC, Brett R. Lilly, John S. Zakhem, Denver, CO, Attorneys for Opposer Beth Gallegos (Adams County Citizen).
Arthur LeMelle, pro se, Gateway, CO, Representing Opposer Arthur LeMelle (citizen of the Town of Gateway).
Phil Mueller, President, pro se, Franktown, CO, Representing Opposer Elbert/Douglas County Livestock Association.
Joe Kline, Chairman, pro se, Glenwood Springs, CO, Representing Opposer Garfield County Republicans.
Raymond E. Smith, Chairman, pro se, Kremmling, CO, Representing Opposer Grand County Republicans.
John Ponikvar, Vice-Chairman, pro se, Craig, CO, Representing Opposer Moffat County Republican Central Committee.
Shirley J. Black, Chairman, pro se, Walden, CO, Representing Opposer Jackson County Republican Central Committee.
H. Olive Morton, Chair, pro se, Steamboat Springs, CO, Representing Opposer Routt County Republican Central Committee.
Jack Taylor, Colorado State Senator, pro se, Steamboat Springs, Representing Opposer Jack Taylor.
Don Davis, pro se, Ruby Davis, pro se, Clifton, CO, Representing Opposers Don Davis and Ruby Davis. Justice HOBBS delivered the Opinion of the Court.
In this original proceeding under Article V, Section 48(1)(e) of the Colorado Constitution, we review the decennial Apportionment Plan (Adopted Plan) the Colorado Reapportionment Commission (Commission) approved for the reapportionment of Colorado General Assembly house and senate districts, based on the year 2000 federal census. We hold that the Adopted Plan does not comply with the criteria of Article V, Sections 46 and 47, of the Colorado Constitution because: (1) it is not "sufficiently attentive to county boundaries to meet the requirement of section 47(2)," In re Reapportionment of the Colo. Gen. Assembly, 647 P.2d 191, 195 (Colo.1982)(hereinafter "In re Reapportionment 82"); and (2) it is 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 example, the Adopted Plan denies whole senate districts to Boulder, Douglas, Jefferson, and Pueblo counties for which they qualify based on the year 2000 census data. In addition, the Commission has not advanced an adequate explanation for division of Adams, Arapahoe, and Mesa counties and the cities of Boulder and Pueblo between Senate Districts.
Because our role does not include redrawing the statewide apportionment map to comply with the applicable constitutional criteria, this being the Commission's responsibility, and because the Commission may choose to make other alterations in district boundaries on remand in redrawing the apportionment map, we set aside the Commission's action and remand the Adopted Plan to the Commission for further consideration, modification, re-adoption, and re-submittal by 5:00 p.m. on February 15, 2002.
We commence our analysis by reviewing Colorado's reapportionment law and process. Reapportionment of the state's house and senate districts has always been a matter of great moment to Colorado citizens. Citizen-initiated statutes and constitutional amendments have shaped the law the Commission and this Court must follow to accomplish the 2002 reapportionment. The basic purpose of the constitutional standards for reapportionment is to assure equal protection for the right to participate in the Colorado political process and the right to vote. In re Reapportionment 82, 647 P.2d at 194.
The Colorado Constitution as adopted in 1876 provided for twenty-six senate members and forty-nine house members until 1890, at which time the General Assembly could increase that number, not to exceed an aggregate of one hundred, with the ratio of senate to house seats being preserved as near as possible. Colo. Const. art. V, ž 46 (amended 1950). The constitution allowed the General Assembly to alter district boundaries to include two or more counties but prohibited any county divisions: "No county shall be divided in the formation of a senatorial or representative district." Colo. Const. art. V, ž 47 (amended 1962). The constitution provided for the apportionment of senators and representatives on the basis of federal and state census data "according to ratios to be fixed by law." Colo. Const. art. V, ž 45 (amended 1962). The ratios did not include an equal population basis.
In Armstrong v. Mitten, 95 Colo. 425, 37 P.2d 757 (1934), we upheld a reapportionment statute the voters enacted after the General Assembly failed to adopt a reapportionment bill after the 1930 census. This act provided for thirty-five senate members and sixty-five house members, set the boundaries for the districts, and determined the number of senators and house members assigned to the districts. We rejected the argument that the people could not initiate a reapportionment statute. Id. at 430, 37 P.2d at 759.
In 1950, the voters approved a General Assembly-referred measure amending the constitution to limit the number of senators to thirty-five and the house to sixty-five members. Colo. Const. art. V, ž 46 (amended 1962); 1951 Colo. Sess. Laws 553. Section 47 continued to provide that:
Senatorial and representative districts may be altered from time to time, as...
To continue reading
Request your trial
-
League of Women Voters of Ohio v. Ohio Redistricting Comm'n
...with state constitutional requirements, court placed burden of proof on the state to justify the plan); In re Reapportionment of Colorado Gen. Assembly , 45 P.3d 1237, 1241 (Colo. 2002) (court held that if an apportionment plan does not comply with the county-boundary requirement of the Col......
-
Wilson v. Kasich
...requirements, court placed burden of proof on the state to justify the plan); In re Reapportionment of Colorado Gen. Assembly, 45 P.3d 1237, 1241 (Colo.2002) (court held that if an apportionment plan does not comply with the county-boundary requirement of the Colorado Constitution, the reap......
-
MATTER OF LEGISLATIVE DISTRICTING
...with constitutional provisions similar to the due regard provision of Article III, § 4. See, e.g., In Re Reapportionment of the Colorado General Assembly, 45 P.3d 1237, 1243 (Colo.2002) ("A direct line of accountability between citizens, their elected city councils and county commissioners,......
-
In re Senate Joint Resolution of Legislative Apportionment 1176
...assure equal protection for the right to participate in the ... political process and the right to vote.” In re Reapportionment of Colo. Gen. Assembly, 45 P.3d 1237, 1241 (Colo.2002). The recognition of the critical importance of redistricting in ensuring the basic rights of citizens to vot......
-
Romer party plus one: managing public law in Colorado, 2000-2004.
...joined the two Republican members to narrowly defeat the Democratic-led initiative 4-3. In re Reapportionment of the Colo. Gen. Assembly, 45 P.3d 1237 (Colo. 2002) [hereinafter Reapportionment I]; see also Court Should Stand United, supra note 3; Editorial, Supreme Court's Surprise, ROCKY M......
-
Prison Malapportionment: Forging a New Path for State Courts.
...3, 4 (requiring greater mathematical equality than the federal standard). (158.) In re Reapportionment of Colo. Gen. Assembly, 45 P.3d 1237,1241 (Colo. (159.) Holt v. 2011 Legislative Reapportionment Comm'n, 38 A.3d 711, 716 (Pa. 2012) (quoting Butcher v. Bloom, 203 A.2d 556, 559 (Pa. 1964)......