Monday, December 01, 2003

Colorado Supreme Court Throws Out Redistricting Plan


In its ruling, the full court decided that a Republican redistricting plan, pushed through the state General Assembly in the closing days of this year's session, was unconstitutional because Colorado's congressional districts had already been redrawn in 2002 by a Denver judge after lawmakers could not agree.

"The plain language of this constitutional provision not only requires redistricting after a federal census and before the ensuing general election, but also restricts the legislature from redistricting at any other time," said an opinion delivered by Mary J. Mullarkey, chief justice of the seven-member court. "In short, the state constitution limits redistricting to once per census, and nothing in state or federal law negates this limitation. Having failed to redistrict when it should have, the General Assembly has lost its chance to redistrict until after the 2010 federal census."

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