HOUSE
                       3rd Reading Unamended
       May 11, 2011            HOUSE
       Amended 2nd Reading
                       May 10, 2011First Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 11-0716.01 Thomas Morris        HOUSE BILL 11-1276
                    HOUSE SPONSORSHIP
 Brown,  Baumgardner, Bradford, Conti, DelGrosso, Holbert, Kerr J., Murray, Scott,
 Sonnenberg
 
                   SENATE SPONSORSHIP
 Roberts, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the criteria used by courts in evaluating
            congressional redistricting plans.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted.  If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill prohibits courts from using nonneutral factors, including
       political party registration, political party election performance, and other
       factors that invite the court to speculate about the outcome of an election,
       in determining whether one or more congressional districts are lawful and
       in adopting or enforcing any change to a district.  Requires courts to use
       only neutral factors in the following order of precedence:
                 First, population equality, contiguity, the use of whole
                 general election precincts, and a prohibition on district
                 overlap;
                 Second, compliance with the federal "Voting Rights Act of
                 1965";
                 Third, preservation of political subdivision boundaries,
                 with precedence given to the most populous counties,
                 cities, and towns;
                 Fourth, preservation of communities of interest, including
                 the traditional western slope and eastern plains
                 communities of interest;
                 Fifth, compactness; and
                 Sixth, minimization of disruption to prior district lines.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  2-1-102 (1) (b) (II), Colorado Revised Statutes, is
       amended to read:
            2-1-102.  Neutral criteria for judicial determinations of
       congressional districts.  (1)  In determining whether one or more of the
       congressional districts established in section 2-1-101 are lawful and in
       adopting or enforcing any change to any such district, courts:
            (b)  May, without weight to any factor, utilize factors including but
       not limited to:
            (II)  The preservation of communities of interest, including ethnic,
       cultural, economic, trade area, geographic, and demographic factors. 
       Traditional communities of interest in Colorado include the
       western slope, the eastern plains, the county of El Paso, and the
       city and county of Denver.
            SECTION 2.  Act subject to petition - effective date.  This act
       shall take effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly (August
       10, 2011, if adjournment sine die is on May 11, 2011); except that, if a
       referendum petition is filed pursuant to section 1 (3) of article V of the
       state constitution against this act or an item, section, or part of this act
       within such period, then the act, item, section, or part shall not take effect
       unless approved by the people at the general election to be held in
       November 2012 and shall take effect on the date of the official
       declaration of the vote thereon by the governor.