In re Colorado Independent Congressional Redistricting Commission.

No. 21SA208. 2021 CO 73.  Congressional Redistricting—Constitutional Interpretation—Voting Rights Act—Dilution of Electoral Influence.

November 1, 2021

The Supreme Court reviewed the Colorado Independent Congressional Redistricting Commission’s final congressional redistricting plan pursuant to the Court’s obligation under Colo. Const. art. V, § 44.5. The Court concluded that Colo. Const. art. V, § 44.3(4)(b), which prohibits the Commission from adopting a plan that dilutes the impact of a racial or language minority group’s electoral influence, does no more than incorporate into state law existing protections against minority vote dilution provided by section 2 of the Voting Rights Act, 52 USC § 10301, as expressed in US Supreme Court case law at the time Colo. Const. art. V, § 44.3(4)(b) was enacted.

The Court ultimately held that the Commission did not abuse its discretion in applying the substantive criteria set forth in Colo. Const. art. V, § 44.3 in adopting the plan.  The Court therefore approved the plan and ordered the Commission to file the plan with the Colorado Secretary of State no later than December 15, 2021, as required Colo. Const. art. V, § 44.5(5).