Colorado’s Three Roads to Redistricting Reform Explained

In 2018 Colorado voters passed Amendments Y and Z to set up independent redistricting commissions. That locked the rules into our state constitution. It also means that if we want to make changes such as adding emergency powers or adjusting timelines the only way forward is to bring it back to the people.

Our committee is looking at every possible road to get there. Here is what they look like.

Road 1: Through the Legislature

Lawmakers themselves can put an amendment on the ballot. This requires a two thirds vote in both the House and Senate. Normally that would be almost impossible to reach without bipartisan support. But because of the recent resignation of a Republican legislator Democrats now have the votes to reach that threshold on their own if they stick together. If the regular 120 day session is already over the Governor would need to call a special session and include redistricting in the official agenda.

This is the fastest road. If the legislature acts the question could be in front of voters at the next statewide election. That is why we are pressing lawmakers to recognize this rare opportunity.

Road 2: Through the Voters

Another road is the citizen initiative process. This means drafting amendment language collecting roughly 124,000 valid signatures and then winning 55 percent approval statewide at the ballot. It is a heavy lift but it is the same path voters took in 2018 when they created the independent commissions in the first place.

This road takes longer but it places power directly in the hands of the people. If the legislature does not act our committee is preparing the grassroots structure of volunteers outreach and fundraising so that Coloradans can still bring the question forward themselves.

Road 3: Fixing Y and Z

Because Y and Z are written into the state constitution the only way to change them is through one of the two methods above. That could mean a full repeal that gives redistricting power back to the legislature or a modification that keeps the commissions but adds new tools such as emergency redistricting powers so Colorado can respond when other states redraw maps mid decade.

Our committee is already working on draft language so that if this road is taken voters are presented with a clear plan instead of a blank slate.

Frequently Asked Questions

Why can’t the legislature just pass a regular law to change redistricting?
Because Amendments Y and Z are written into the state constitution. Only another constitutional amendment can change them. Regular laws cannot override constitutional provisions.

What is the difference between a legislative referral and a citizen initiative?
A legislative referral means lawmakers vote by a two thirds margin in both chambers to place a proposed amendment on the ballot. A citizen initiative bypasses the legislature and requires voters to collect enough signatures to qualify an amendment directly. Both end up on the statewide ballot for voters to decide.

Why does the Governor matter?
If the legislature is out of its regular 120 day session lawmakers cannot bring up new bills or amendments on their own. The Governor has the sole authority to call a special session and must list redistricting as one of the items lawmakers are allowed to debate. Without the Governor’s call they cannot act outside the normal session.

How many signatures are needed for a citizen initiative?
The requirement is five percent of the total votes cast for Secretary of State in the last election. Right now that comes out to around 124,000 valid signatures.

Why does a constitutional amendment need 55 percent instead of 50 percent?
In 2016 voters approved Amendment 71 which raised the bar for passing constitutional amendments. Since then any citizen initiated constitutional amendment must earn at least 55 percent approval statewide.

Could Y and Z be completely repealed?
Yes but repeal would only happen if voters approve a constitutional amendment doing so. That would return redistricting power to the legislature unless a replacement structure is written into the same amendment.

What about the timeline. Do we really have to wait until 2030?
No. The current maps were drawn in 2021 and are set to remain until after the 2030 Census. But Colorado can amend its constitution at any general election. That means if voters approve an amendment in 2026 for example the state could give itself new powers like emergency redistricting authority before 2030. The key is whether the amendment allows mid decade redistricting. Right now Y and Z do not but a new amendment could.

Is 2026 realistic for a citizen initiative?
It depends on which road is taken. If the legislature refers an amendment they can place it directly on the 2026 ballot. But if it is done by citizen petition the deadlines are much tougher. Drafting language clearing the Title Board process gathering more than 124,000 valid signatures and surviving potential court challenges is a long process. If that work does not begin very soon a citizen initiative might not realistically qualify for 2026 and could end up delayed until 2028 or later. Even if 2026 is out of reach the fight is still worth fighting. If we miss one bus we can always buy tickets for the next.

The bottom line is that there are three roads to reform and our committee is preparing to take whichever one Colorado’s leaders and voters are willing to walk down. If the legislature acts we are ready. If they do not we will organize through the initiative process. And if Y and Z need to be rewritten we will make sure voters see a clear alternative.

Call to Action

We cannot wait until 2030 to act while other states gerrymander their maps mid decade. Colorado deserves fair representation now.

Join our effort by signing up at https://www.redistrict.co to stay informed and get involved.
Chip in at https://secure.actblue.com/donate/co-erra to help us fund outreach legal support and the organizing it will take to win.

Every signature every donation and every conversation moves us closer to protecting Colorado’s voice in Washington.

Sources

Colorado Constitution Article V Section 1 (Initiative and Referendum process) – https://leg.colorado.gov/sites/default/files/images/olls/2019_co_constitution.pdf
2018 Colorado Amendments Y and Z (Independent Redistricting Commissions) – https://ballotpedia.org/Colorado_Amendments_Y_and_Z,_Independent_Redistricting_Commissions_Amendments_(2018)
Colorado Amendment 71 (2016) requiring 55 percent for constitutional amendments – https://ballotpedia.org/Colorado_Amendment_71,_Requirements_for_Constitutional_Amendments_(2016)
Governor’s authority to call special sessions – https://legisource.net/2017/04/12/extraordinary-sessions-of-the-general-assembly/