Wayne Williams v. Tanya Nathan and Lindsey Rasmussen, In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 240 and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 327 Curtis Hubbard v. John Brackney and Robyn Carnes, and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board
CourtSupreme Court of Colorado
Date FiledJune 29, 2026
Docket26SA126
StatusPublished
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Full Opinion
1 2026 CO 57 In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 #240 Wayne Williams, Petitioner v. Tanya Nathan and Lindsey Rasmussen, Respondents and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board In the Matter of the Title, Ballot Title, and Submission Clause for Proposed Initiative 2025-2026 #327 Curtis Hubbard, Petitioner v. John Brackney and Robyn Carnes, Respondents and Michael Dohr, Theresa Conley, and Kurt Morrison, Title Board No. 26SA126 Supreme Court of Colorado June 29, 2026 2 Original Proceeding Pursuant to § 1-40-107(2), C.R.S. (2025) Appeal from the Ballot Title Setting Board Petitioner Wayne Williams, pro se Colorado Springs, Colorado Attorneys for Petitioner Curtis Hubbard: Recht Kornfeld, P.C. Mark G. Grueskin Nathan Bruggeman Denver, Colorado Attorneys for Respondents Tanya Nathan and Lindsey Rasmussen: Tierney Lawrence Stiles LLC Martha M. Tierney Denver, Colorado Attorneys for Respondents John Brackney and Robyn Carnes: Gessler Blue LLC Scott E. Gessler Geoffrey N. Blue Greenwood Village, Colorado 3 Attorneys for Title Board: Philip J. Weiser, Attorney General Peter G. Baumann, Assistant Solicitor General Denver, Colorado CHIEF JUSTICE MARQUEZ delivered the Opinion of the Court, in which JUSTICE BOATRIGHT, JUSTICE HOOD, JUSTICE GABRIEL, JUSTICE SAMOUR, JUSTICE BERKENKOTTER, and JUSTICE BLANCO joined. EN BANC OPINION MÁRQUEZ CHIEF JUSTICE 4 ¶1 In these original proceedings pursuant to section 1-40-107(2), C.R.S. (2025), we review the actions of the Title Board regarding two statewide initiatives. Petitioner Wayne Williams challenges the actions of the Title Board in setting the title, ballot title, and submission clause for proposed Initiative 2025-2026 #240 ("Initiative #240"). Petitioner Curtis Hubbard separately challenges the actions of the Title Board in setting the title, ballot title, and submission clause for proposed Initiative 2025-2026 #327 ("Initiative #327"). We conclude that both Initiative #240 and Initiative #327 (the "Initiatives") [1] encompass multiple subjects in violation of article V, section 1(5.5) of the Colorado Constitution and section 1-40-106.5, C.R.S. (2025). Accordingly, we reverse the actions of the Title Board. I. Facts and Procedural History ¶2 Tanya Nathan and Lindsey Rasmussen are the designated proponents of Initiative #240; John Brackney and Robyn Carnes are the designated proponents of Initiative #327. These Initiatives are substantially similar in language and form and represent two of several proposed initiatives related to congressional redistricting presented to the Title Board during the 2026 election cycle. 5 ¶3 By way of background, in 2018, voters adopted Amendment Y, which is codified at article V, sections 44 to 44.6 of the Colorado Constitution. S. Con. Res. 18-004, secs. 1-3, art. V, §§ 44-44.6, 2018 Colo. Sess. Laws 3082 , 3082-95; Off. of the Sec'y of State, State of Colo., 2018 Abstract of Votes Cast , at 144, https:// historicalelectiondata.coloradosos.gov/document/492?page=147 [https://perma.cc/3BBN-288T] (showing the abstract of votes cast for Amendment Y in the November 6, 2018 general election). These provisions established an independent congressional redistricting commission ("Commission") and set forth the procedure the Commission must follow in adopting a congressional redistricting plan. The plan the Commission adopts must adhere to specific criteria, including making a good-faith effort to achieve precise mathematical population equality between districts, preserving whole communities of interest and whole political subdivisions, maximizing the number of politically competitive districts, and prohibiting maps drawn to favor any political party. Colo. Const. art. V, § 44.3(1)(a), (2)(a), (3)(a), (4)(a). Additionally, these provisions authorize the Commission to create a new redistricting plan only in a redistricting year, which is defined as the year following the federal decennial census. Id. at § 44(2), (3)(d); cf. People ex rel. Salazar v. Davidson , 79 P.3d 1221, 1226 (Colo. 2003). ¶4 Sections 2-1-100.5 to -109, C.R.S. (2025), supplement the constitutional directives regarding congressional redistricting. These sections include a 6 legislative declaration that congressional districts shall be divided pursuant to the most recent federal decennial census data, § 2-1-100.5, C.R.S. (2025); a directive that the Commission must submit a final congressional redistricting plan to the supreme court for approval and file an approved plan with the Secretary of State, § 2-1-105, C.R.S. (2025); and a process for the Secretary of State to make technical amendments to the plan to correct minor errors, § 2-1-106, C.R.S. (2025). ¶5 The Commission designed Colorado's current congressional district map, approved in 2021, in accordance with Amendment Y's constitutional directives. See Colo. Indep. Redistricting Comm'n, Final Congressional Redistricting Plan (Oct. 1, 2021), https://redistricting.colorado.gov/rails/active_storage/disk/ eyJfcmFpbHMiOnsibWVzc2FnZSI6IkJBaDdDVG9JYTJWNVNTSWhaR2N6Ymp nNE9YWnphM0ZxWXpKcmFuQjFkMk15Y3pWNVozSXhPUVk2QmtWVU9oQ mthWE53YjNOcGRHbHZia2tpQWNCcGJteHBibVU3SUdacGJHVnVZVzFsUFN KR2FXNWhiQ0JEYjI1bmNtVnpjMmx2Ym1Gc0lGSmxaR2x6ZEhKcFkzUnBibW NnVUd4aGJpQjNhWFJvSUVWNGFHbGlhWFJ6SUVacGJHVmtJREV3TFRFdE1 qRXVjR1JtSWpzZ1ptbHNaVzVoYldVcVBWVlVSaTA0SnlkR2FXNWhiQ1V5TUV OdmJtZHlaWE56YVc5dVlXd2xNakJTWldScGMzUnlhV04wYVc1bkpUSXdVR3h oYmlVeU1IZHBkR2dsTWpCRmVHaHBZbWwwY3lVeU1FWnBiR1ZrSlRJd01U QXRNUzB5TVM1d1pHWUdPd1pVT2hGamIyNTBaVzUwWDNSNWNHVkpJa FJoY0hCc2FXTmhkR2x2Ymk5d1pHWUdPd1pVT2hGelpYSjJhV05sWDI1aGJXVT 7 ZDbXh2WTJGcyIsImV4cCI6IjIwMjYtMDYtMjRUMTc6MTg6NDMuMjc0WiIsInB 1ciI6ImJsb2Jfa2V5In19--ee88a809834a09cefd2345abf9eb1c9e3213542e/Final%20 Congressional%20Redistricting%20Plan%20with%20Exhibits%20Filed%2010-1-21.pdf [https://perma.cc/4C86-QX9L]; see also Colo. Const. art. V, §§ 44(1), 44.2(3), 44.3-44.4. ¶6 Initiative #240 and Initiative #327 are substantively similar in that both seek to temporarily change the frequency of redistricting and replace the current congressional district map. Both Initiatives would accomplish this by amending article V, section 44 of the Colorado Constitution to add a subsection (1.5), which would allow mid-decade congressional redistricting for the 2028 and 2030 election cycles. In addition, each initiative proposes to change the present congressional district map by adopting in statute a specific new temporary map [2] to be used in the 2028 and 2030 election cycles. [3] 8 ¶7 The Initiatives propose additional changes, and although some of the details differ, they largely mirror one another. Both propose changes to section 2-1-100.5, declaring that the accompanying temporary map is in response to partisan redistricting efforts in other states. Initiative #240 declares that Republicans and President Trump are attempting to "rig" future congressional elections and that Colorado's congressional district maps must be designed to "neutralize" partisan gerrymandering in other states. Initiative #327 declares that both major parties are attempting to "rig" future congressional elections and that the 2028 and 2030 elections should not give either Democrats or Republicans an "extreme and unfair advantage." ¶8 Additionally, both Initiatives would require their respective district map to "temporarily be used for every Colorado congressional election" before the Commission certifies a new congressional district map after the 2030 federal decennial census. Both Initiatives require that the proposed new districts be contiguous, comply with the "Voting Rights Act of 1965," 52 U.S.C. § 10301 , and comply with federal one-person-one-vote requirements. Both Initiatives would also require the supreme court to review the temporary districts and require the Commission to resume its constitutional obligations as presently set forth in 9 article V, sections 44 to 44.5, starting in 2031. Finally, both Initiatives propose statutory changes that substantially track section 2-1-106(1) and (2), providing a process for the Secretary of State to make technical amendments to the plan to correct minor errors. ¶9 On March 6, 2026, the proponents of Initiative #240 submitted a final version of their initiative to the Secretary of State. On March 18, 2026, the Title Board conducted a hearing on Initiative #240 and set its title in accordance with section 1-40-106(1), C.R.S. (2025). On March 25, 2026, Petitioner Williams filed a motion for rehearing, arguing that Initiative #240 violates the single subject and clear title requirements. Following a rehearing on April 1, 2026, the Title Board denied the motion and set the following title for Initiative #240: An amendment to the Colorado Constitution and a change to the Colorado Revised Statutes concerning congressional redistricting and adopting a new temporary congressional map, and, in connection therewith, creating a temporary map to be used in 2028 and 2030 congressional elections that replaces the current congressional district map drawn by the independent congressional redistricting commission and requiring the commission to draw congressional district maps in 2031 and every [ten] years thereafter. ¶10 On April 3, 2026, the proponents of Initiative #327 submitted a final version of their initiative to the Secretary of State. On April 15, 2026, the Title Board conducted a hearing on Initiative #327 and set its title in accordance with section 1-40-106(1). On April 22, 2026, Petitioner Hubbard filed a motion for rehearing, arguing that Initiative #327 violates the single subject and clear title requirements. 10 Following a rehearing on April 23, 2026, the Title Board denied the motion and set the title for Initiative #327. Its title is similar to the title set for Initiative #240, except that instead of describing its map as "temporary," it describes its map as "short-term"; and instead of the language "requiring the commission to draw congressional district maps" again in 2031, it uses the language "restoring the commission's authority to draw congressional district maps": An amendment to the Colorado Constitution and a change to the Colorado Revised Statutes concerning congressional redistricting and adopting a new short-term congressional map, and, in connection therewith, adopting a new short-term map, that is unique to this measure, to be used in 2028 and 2030 congressional elections that replaces the current congressional district map drawn by the independent congressional redistricting commission and restoring the commission's authority to draw congressional district maps in 2031 and every ten years thereafter. ¶11 Petitioner Williams and Petitioner Hubbard each invoke this court's jurisdiction under section 1-40-107(2). Each contends that the Title Board erred in setting a title to the respective challenged initiative because it contains multiple subjects in violation of article V, section 1(5.5) of the Colorado Constitution and section 1-40-106.5. ¶12 Specifically, Petitioner Williams argues that Initiative #240 (1) disenfranchises voters of representation on the State Board of Education and the University of Colorado Board of Regents; (2) changes the boundary lines for congressional districts, creating eight "hyper partisan" maps; and (3) grants 11 authority for the Commission to continue congressional redistricting in 2031 and every ten years thereafter. [4] ¶13 Petitioner Hubbard argues that Initiative #327 (1) amends the Colorado Constitution to temporarily suspend the Commission's exclusive authority over congressional redistricting; (2) authorizes mid-decade redistricting and establishes criteria that differ from the constitutional criteria presently in place; (3) establishes new congressional districts in statute for the 2028 and 2030 elections; and (4) reallocates authority from the Commission to the General Assembly for congressional redistricting for the 2028 and 2030 elections. II. Standard of Review ¶14 In reviewing Title Board decisions, "we employ all legitimate presumptions in favor of the propriety of the Board's actions." In re Title, Ballot Title Submission Clause for 2015-2016 #132 , 2016 CO 55 , ¶ 10, 374 P.3d 460, 464 (quoting In re Title, Ballot Title Submission Clause for 2011-2012 #3 , 2012 CO 25, ¶ 6 , 274 P.3d 562, 565 ). We will overturn the Title Board's finding that an initiative contains a single subject "[o]nly in a clear case." In re Title, Ballot Title Submission Clause for Proposed Initiative 2025-2026 #158 , 2026 CO 13 , ¶ 13, 585 P.3d 232 , 236. 12 ¶15 In our limited review of the Title Board's actions, we do not address the merits of the proposed initiatives or suggest how the initiatives might be applied if enacted. Id. at ¶ 14, 585 P.3d at 236. However, we do examine the proposed initiatives' wording to determine whether the initiatives and their titles comport with the single subject and clear title requirements. In re 2015-2016 #132 , ¶ 11, 374 P.3d at 464 . In conducting this limited review, we employ general rules of statutory construction and give words and phrases their ordinary meanings. In re 2025-2026 #158 , ¶ 14, 585 P.3d at 236. III. Analysis A. The Single Subject Requirement ¶16 In Colorado, "[n]o measure shall be proposed by petition containing more than one subject, which shall be clearly expressed in its title." Colo. Const. art. V, § 1(5.5); see also § 1-40-106.5(1)(a) (requiring that "every constitutional amendment or law proposed by initiative" must be "limited to a single subject, which shall be clearly expressed in its title"). ¶17 The single subject requirement serves two functions. First, this requirement "ensure[s] that each proposal depends upon its own merits for passage." In re 2025-2026 #158 , ¶ 16, 585 P.3d at 237 (alteration in original) (quoting In re 2015-2016 #132 , ¶ 13, 374 P.3d at 465 ). In other words, the single subject requirement prevents proponents of ballot initiatives from engaging in "log 13 rolling" tactics by combining multiple subjects in hopes of attracting support from various factions with different or conflicting interests. Id. (quoting In re 2015-2016 #132 , ¶ 13, 374 P.3d at 465 ); see also § 1-40-106.5(1)(e)(I) (explaining that the intent of the single subject requirement is "[t]o forbid the treatment of incongruous subjects in the same measure . . . for the purpose of enlisting in support of the measure the advocates of each measure, and thus securing the enactment of measures that could not be carried upon their merits"). Thus, the requirement prohibits proponents from combining multiple subjects to attract a "yes" vote from voters who might vote "no" on one or more of the subjects if they had been proposed separately. In re Title, Ballot Title Submission Clause for 2019-2020 #3 , 2019 CO 57, ¶ 14 , 442 P.3d 867, 870 . ¶18 Second, the single subject requirement is intended "to prevent surprise and fraud from being practiced upon voters," § 1-40-106.5(1)(e)(II), "caused by the inadvertent passage of a surreptitious provision 'coiled up in the folds' of a complex initiative," In re 2015-2016 #132 , ¶ 14, 374 P.3d at 465 (quoting In re Title, Ballot Title Submission Clause for Proposed Initiative 2001 -2002 #43 , 46 P.3d 438, 442 (Colo. 2002)). ¶19 An initiative satisfies the single subject requirement when its subject matter is "necessarily and properly connected rather than disconnected or incongruous." Id. at ¶ 15, 374 P.3d at 465 (quoting In re 2011-2012 #3 , ¶ 9, 274 P.3d at 565 ). Put 14 differently, a proposed initiative encompasses a single subject if it "tends to effect or carry out one general objective or purpose." In re 2025-2026 #158 , ¶ 18, 585 P.3d at 237. Importantly, "[a]n initiative with a single, distinct purpose does not violate the single-subject requirement simply because it spells out details relating to its implementation." In re Title, Ballot Title Submission Clause Summary for 1997-1998 #74 , 962 P.2d 927, 929 (Colo. 1998). ¶20 Conversely, a proposed initiative runs afoul of the single subject requirement when it "relates to more than one subject and has at least two distinct and separate purposes." In re 2025-2026 #158 , ¶ 19, 585 P.3d at 237 (quoting In re 2015-2016 #132 , ¶ 16, 374 P.3d at 465 ). The fact that an initiative's separate and distinct purposes both relate to the same general concept or subject or that the initiative's provisions fall under an overarching theme is insufficient; "an initiative that is susceptible to log rolling or that risks misleading voters will not satisfy the single subject requirement." Id. B. Both Initiative #240 and Initiative #327 Violate the Single Subject Requirement ¶21 Petitioners argue that Initiatives #240 and #327 violate the single subject requirement. Although some of their arguments differ, both contend that the respective challenged initiative contains at least two subjects: (1) temporarily allowing mid-decade redistricting, with the Commission's authority over 15 redistricting to continue after the 2030 federal census; and (2) proposing new congressional district maps for the 2028 and 2030 election cycles. [5] ¶22 The proponents of Initiative #240 and the proponents of Initiative #327 both counter that each respective initiative's overarching single subject is congressional redistricting by creating new congressional district maps for the 2028 and 2030 election cycles. They essentially contend that allowing mid-decade redistricting is a necessary implementation feature to enable the new maps to go into effect for the 2028 and 2030 election cycles before returning authority to the Commission to resume its congressional redistricting work in 2031. We are unpersuaded. ¶23 We agree with Petitioner Williams and Petitioner Hubbard that Initiative #240 and Initiative #327 both "relate[] to more than one subject and ha[ve] at least two distinct and separate purposes." In re Title, Ballot Title Submission Clause for 2013-2014 #90 , 2014 CO 63, ¶ 11 , 328 P.3d 155, 159 . Specifically, both Initiative #240 and Initiative #327 propose changing the current 16 redistricting process (which authorizes the Commission to redistrict in accordance with specified criteria and limits congressional redistricting to once per decade following the federal decennial census) to temporarily allow the proponents to engage in mid-decade redistricting without adhering to every criterion that the Commission must follow. In addition, both Initiative #240 and Initiative #327 propose specific (albeit different) congressional district maps for the 2028 and 2030 election cycles. ¶24 We conclude that these are distinct and separate subjects. Temporarily allowing mid-decade redistricting is not merely the means to implement or effectuate the Initiatives' central purpose of adopting a specific new congressional district map for the 2028 and 2030 election cycles. ¶25 In In re 1997-1998 #74, we observed that an initiative with a "single, distinct purpose does not violate the single subject requirement simply because it spells out details relating to its implementation." 962 P.2d at 929 . In that case, we reasoned that language clarifying that current law governing the use of initiatives and referenda would apply to policy decisions on school impact fees amounted to a single subject because such language simply provided a "mechanism to administer the details of the impact fee proposal." Id. ; see also In re Title, Ballot Title Submission Clause for 2019-2020 #315 , 2020 CO 61, ¶¶ 1, 20 , 500 P.3d 363 , 365, 368 (concluding that an initiative that proposed reallocating revenue generated by 17 various tobacco-related funds were implementing provisions necessarily and properly related to the initiative's single subject of creating and administering a Colorado preschool program funded by state taxes on nicotine and tobacco products). ¶26 By contrast, here, changing the constitutionally mandated frequency of redistricting-however temporary the change-is not merely a mechanism to administer the new congressional district map. Instead, it represents a seismic shift to Colorado's longstanding redistricting process enshrined in the state constitution. See Colo. Const. art. V, § 44(2); see also People ex rel. Salazar , 79 P.3d at 1237-40 . Moreover, enacting this proposed change entails additional changes to the redistricting process enshrined in the state constitution, including displacing the Commission's authority to draw congressional district maps, Colo. Const. art. V, § 44(2); disregarding the prohibition on drawing maps for the purpose of advancing partisan interests, id. at § 44.3(4)(a); and disregarding the public hearing and comment process the Commission must undergo before the adoption of a new map, id. at § 44.4. Thus, temporarily allowing mid-decade redistricting in this manner changes the redistricting process and amounts to a distinct purpose that is not "necessarily and properly connected" to either Initiative's specific proposed 18 new congressional district map. [6] See In re Title, Ballot Title Submission Clause for 2015-2016 #73 , 2016 CO 24, ¶ 14 , 369 P.3d 565, 568 . Stated differently, the adoption of a specific map for the 2028 and 2030 election cycles is a distinct and separate subject from whether to temporarily allow this manner of mid-decade redistricting generally. [7] Indeed, the fact that there are two initiatives that both seek to allow mid-decade redistricting while proposing competing district maps underscores this point. ¶27 Moreover, we have previously expressed concern when an initiative proposes significant changes beyond its central purpose. See In re 2025-2026 #158 , ¶ 25, 585 P.3d at 238; In re 2015-2016 #132 , ¶¶ 17, 19, 374 P.3d at 465-66 . Changing long-settled law by modifying the timing, frequency, criteria, and entity responsible for congressional redistricting represents a significant change beyond the proponents' stated central purposes of Initiative #240 and Initiative #327-congressional redistricting by adopting a new temporary map. 19 This is true regardless of both Initiatives' provisions authorizing the Commission to resume its work in 2031 as the constitution currently requires. ¶28 Equally significantly, although the proponents of Initiative #240 and the proponents of Initiative #327 contend that their respective Initiatives contain the single subject of "congressional redistricting" for the 2028 and 2030 election cycles, this overly broad theme is susceptible to log rolling. See In re Title, Ballot Title Submission Clause for 2021-2022 #16 , 2021 CO 55 , ¶ 22, 489 P.3d 1217, 1222 (noting that we have rejected overly broad unifying labels because "[i]f such vague subjects were permissible, 'incongruous and disconnected provisions could be contained in a single initiative and the very practices the single subject requirement was intended to prevent would be facilitated'" (quoting In re Title, Ballot Title Submission Clause Summary for 1997-1998 #64 , 960 P.2d 1192, 1200 (Colo. 1998))); In re 2025-2026 #158 , ¶ 19, 585 P.3d at 237 ("It does not matter if the initiative's purposes relate to the same general concept or subject, or if its provisions can be grouped under an overarching theme; an initiative that is susceptible to log rolling . . . will not satisfy the single subject requirement."). ¶29 Some voters may prefer to have the ability to redraw district lines now rather than waiting until the Commission does so in 2031, or to temporarily change the criteria guiding the redistricting process, or to temporarily remove the authority to redistrict from the Commission-but they might not support 20 adopting the specific partisan map proposed. Conversely, other voters may support adopting one of the initiative's specific maps to achieve partisan ends, but they might value the stability and continuity that comes with redistricting only once a decade. ¶30 In other words, such a measure might attract "yes" votes from voters who might otherwise vote "no" on one or more of the subjects if they were proposed separately. See In re Title, Ballot Title Submission Clause for Proposed Initiative 2025-2026 #241 , 2026 CO 58 , ¶ 27,__P.3d__. Without the support of both groups of voters, either initiative may not have enough support to pass. The single subject requirement does not tolerate this scenario. See § 1-40-106.5(1)(e)(I) (explaining that the single subject requirement forbids incongruous subjects in a single measure to "secur[e] the enactment of measures that could not be carried upon their merits"). ¶31 In sum, we conclude that allowing mid-decade redistricting for the 2028 and 2030 election cycles furthers a distinct purpose from adopting a specific proposed congressional district map, and therefore both Initiative #240 and Initiative #327 violate the single subject requirement. IV. Conclusion ¶32 We conclude that Initiative #240 and Initiative #327 encompass multiple subjects in violation of article V, section 1(5.5) of the Colorado Constitution and 21 section 1-40-106.5. Accordingly, we reverse the actions of the Title Board in both cases and remand the matters to the Board with directions to strike the titles, ballot titles, and submission clauses, and to return each initiative to its proponents. 22 APPENDIX A-Initiative #240 and Title Be it enacted by the People of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 2-1-100.5, amend (1), and add (2), (3), (4), (5), (6), (7), (8), (9), (10), and (11), as follows: 2-1-100.5. Legislative declaration Declaration of the People of the State of Colorado. (1) The general assembly PEOPLE OF THE STATE OF COLORADO hereby findsFlND and declaresDECLARE that the state of Colorado shall be divided into districts pursuant to the official figures of the most recent decennial census of the United States. The general assembly PEOPLE OF THE STATE OF COLORADO further finds FIND and declares DECLARE that such figures are the most reliable data that the state has available and that the use of any other data or of any data adjustments may create a serious risk of inaccuracy and injustice in establishing congressional districts to represent the citizens of Colorado. (2) PRESIDENT DONALD TRUMP HAS CALLED ON REPUBLICAN-LED STATES TO UNDERTAKE AN UNPRECEDENTED MID-DECADE REDISTRICTING OF CONGRESSIONAL SEATS TO RIG FUTURE CONGRESSIONAL ELECTIONS BEFORE VOTING BEGINS. (3) SEVERAL STATES HAVE CONSIDERED, CONVENED, OR INTEND TO CONVENE SPECIAL SESSIONS OF THEIR LEGISLATURES TO REDRAW CONGRESSIONAL DISTRICT MAPS TO UNFAIRLY ADVANTAGE REPUBLICANS, INCLUDING TEXAS, FLORIDA, OHIO, INDIANA, MISSOURI, NEW HAMPSHIRE, NEBRASKA, AND NORTH CAROLINA. (4) PRESIDENT TRUMP AND REPUBLICANS ARE ATTEMPTING TO GAIN ENOUGH SEATS THROUGH REDISTRICTING TO RIG THE OUTCOME OF FUTURE CONGRESSIONAL ELECTIONS REGARDLESS OF HOW THE PEOPLE VOTE. (5) PRESIDENT TRUMP'S ELECTION-RIGGING SCHEME IS AN EMERGENCY FOR OUR DEMOCRACY. (6) COLORADO IS A NATIONAL LEADER ON FAIR, INDEPENDENT, AND NONPARTISAN REDISTRICTING. (7) COLORADO CALLS ON CONGRESS AND ALL OTHER STATES TO COMMIT TO FAIR AND IMPARTIAL DRAWING OF MAPS. (8) COLORADO HAS A DUTY TO DEFEND DEMOCRACY. 23 (9) THE 2028 AND 2030 CONGRESSIONAL ELECTIONS MUST BE CONDUCTED ON A NATIONAL LEVEL PLAYING FIELD WITHOUT AN EXTREME AND UNFAIR ADVANTAGE FOR REPUBLICANS. (10) THE PEOPLE OF COLORADO, NOT POLITICIANS, SHOULD HAVE THE POWER TO APPROVE TEMPORARY CONGRESSIONAL DISTRICT MAPS IN RESPONSE TO PRESIDENT TRUMP'S ELECTION- RIGGING SCHEME-; AND. (11) IT IS THE INTENT OF THE PEOPLE THAT COLORADO'S TEMPORARY MAP BE DESIGNED TO NEUTRALIZE THE PARTISAN GERRYMANDERING BEING UNDERTAKEN BY REPUBLICAN-LED STATES WITHOUT ERODING FAIR REPRESENTATION FOR ALL COMMUNITIES. SECTION 2. In the constitution of the state of Colorado, section 44 of article V, add (1.5), as follows: (1.5)(a) IN RESPONSE TO THE MID-DECADE CONGRESSIONAL REDISTRICTING THREATENED OR UNDERTAKEN IN TEXAS, FLORIDA, OHIO, INDIANA, MISSOURI, NEW HAMPSHIRE, NEBRASKA, NORTH CAROLINA, AND OTHER STATES IN 2025 AND 2026, AND NOTWITHSTANDING ANY OTHER PROVISION OF EXISTING LAW, THE SINGLEMEMBER DISTRICTS FOR CONGRESS SET FORTH IN SECTION 2-1-101.7, COLORADO REVISED STATUTES, SHALL TEMPORARILY BE USED FOR EVERY COLORADO CONGRESSIONAL ELECTION FOR A TERM OF OFFICE COMMENCING ON OR AFTER THE DATE THIS MEASURE IS ADOPTED BY THE VOTERS OF COLORADO, AND BEFORE THE CERTIFICATION OF NEW CONGRESSIONAL BOUNDARY LINES DRAWN BY THE CONGRESSIONAL REDISTRICTING COMMISSION AFTER THE 2030 DECENNIAL CENSUS PURSUANT TO SUBSECTION (1.5)(c) OF THIS SECTION. THE TEMPORARY DISTRICTS SHALL BE CONTIGUOUS, COMPLY WITH THE "VOTING RIGHTS ACT OF 1965", 52 U.S.C. SEC. 10301, AS AMENDED, AND COMPLY WITH THE FEDERAL ONE-PERSON, ONE-VOTE REQUIREMENTS. (b) THE COLORADO SUPREME COURT SHALL REVIEW THE SINGLE-MEMBER DISTRICTS FOR CONGRESS SET FORTH IN SECTION 2-1-101.7, COLORADO REVISED STATUTES, AND DETERMINE WHETHER THE DISTRICTS SUBSTANTIALLY COMPLY WITH THE CRITERIA SET FORTH IN SUBSECTION (1.5)(a) OF THIS SECTION. THE COLORADO SUPREME COURT HAS ORIGINAL AND EXCLUSIVE JURISDICTION IN ALL PROCEEDINGS IN WHICH A CONGRESSIONAL DISTRICT MAP ADOPTED PURSUANT TO THIS SECTION IS CHALLENGED. THE COURT'S REVIEW AND DETERMINATION SHALL TAKE PRECEDENCE OVER OTHER MATTERS BEFORE THE COURT. THE COURT SHALL APPROVE THE CONGRESSIONAL DISTRICTS UNLESS IT FINDS THAT THE DISTRICTS DO NOT SUBSTANTIALLY COMPLY WITH THE CRITERIA SET FORTH IN SUBSECTION (1.5)(a) OF THIS SECTION. 24 (c) THE INDEPENDENT CONGRESSIONAL REDISTRICTING COMMISSION ESTABLISHED PURSUANT TO SUBSECTION 2 OF THIS SECTION SHALL CONTINUE TO ENGAGE IN CONGRESSIONAL REDISTRICTING IN CONFORMANCE WITH THE CRITERIA AND PROCESS SET FORTH IN SECTION 44 THROUGH SECTION 44.5 OF THIS ARTICLE IN 2031, AND EVERY 10 YEARS THEREAFTER. SECTION 3. In Colorado Revised Statutes, add 2-1-101.7, as follows: 2-1-101.7. Temporary map of congressional districts. (1) IN RESPONSE TO THE MIDDECADE CONGRESSIONAL REDISTRICTING THREATENED OR UNDERTAKEN IN TEXAS, FLORIDA, OHIO, INDIANA, MISSOURI, NEW HAMPSHIRE, NEBRASKA, NORTH CAROLINA, AND OTHER STATES IN 2025 AND 2026, AND NOTWITHSTANDING ANY OTHER PROVISION OF EXISTING LAW, THE SINGLE-MEMBER DISTRICTS FOR CONGRESS SET FORTH IN SUBSECTION (2) OF THIS SECTION SHALL TEMPORARILY BE USED FOR EVERY COLORADO CONGRESSIONAL ELECTION FOR A TERM OF OFFICE COMMENCING ON OR AFTER THE DATE THIS MEASURE IS ADOPTED BY THE VOTERS OF COLORADO, AND BEFORE THE CERTIFICATION OF NEW CONGRESSIONAL BOUNDARY LINES DRAWN BY THE INDEPENDENT CONGRESSIONAL REDISTRICTING COMMISSION AFTER THE 2030 DECENNIAL CENSUS PURSUANT TO COLORADO CONSTITUTION ARTICLE 44. THE TEMPORARY DISTRICTS SHALL BE CONTIGUOUS, COMPLY WITH THE "VOTING RIGHTS ACT OF 1965", 52 U.S.C. SEC. 10301, AS AMENDED, AND COMPLY WITH FEDERAL ONE-PERSON, ONE-VOTE REQUIREMENTS. (2) FOR THE ELECTION OF REPRESENTATIVES TO CONGRESS COMMENCING ON OR AFTER THE DATE THIS MEASURE IS ADOPTED BY THE VOTERS OF COLORADO, AND BEFORE THE CERTIFICATION OF NEW CONGRESSIONAL BOUNDARY LINES DRAWN BY THE CONGRESSIONAL REDISTRICTING COMMISSION AFTER THE 2030 DECENNIAL CENSUS, THE STATE OF COLORADO IS DIVIDED INTO EIGHT CONGRESSIONAL DISTRICTS AS FOLLOWS: (a) THE FIRST CONGRESSIONAL DISTRICT SHALL CONSIST OF THE FOLLOWING PORTIONS OF THE FOLLOWING COUNTIES: (I) ADAMS COUNTY: TRACTS 85.36, 85.38, 85.40, 85.48, 85.49, 85.52, 85.56, 85.57, 85.58, 85.59, 85.60, 85.61, 85.63, 85.64, 85.65, 86.03, 86.04, 86.05, 86.06, AND 9887; BLOCKS 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, AND 1014 OF BLOCK GROUP 1 AND BLOCKS 2000, 2001, 2002, AND 2003 OF BLOCK GROUP 2 OF TRACT 85.24; BLOCKS 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1010, 1011, 1031, 1032, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1070, 1073, 1074, 1075, 1076, 1081, 1082, 1091, 1096, 1097, AND 1098 OF BLOCK GROUP 1 AND BLOCKS 2000, 2001, 2003, 2004, 2005, AND 2006 OF BLOCK GROUP 2 OF TRACT 85.35; BLOCKS 1000, 1001, 1002, 25 1003, 1004, AND 1005 OF BLOCK GROUP 1 OF TRACT 85.46; BLOCK GROUP 1 AND BLOCKS 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, AND 2016 OF BLOCK GROUP 2 OF TRACT 85.47; BLOCKS 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3016, 3017, 3018, 3019, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3039, 3040, 3041, AND 3046 OF BLOCK GROUP 3 OF TRACT 85.50; BLOCKS 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1012, 1013, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1047, 1048, AND 1049 OF BLOCK GROUP 1 OF TRACT 85.51; BLOCKS 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1042, AND 1043 OF BLOCK GROUP 1 AND BLOCKS 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, 2089, 2090, 2091, 2092, 2093, 2094, 2095, 2096, 2097, 2098, 2099, 2100, 2101, 2102, 2103, 2104, 2105, 2107, 2108, 2109, 2110, 2111, 2112, 2113, 2114, 2115, 2116, 2117, 2118, 2119, 2120, 2121, 2122, 2123, 2124, 2125, 2126, 2127, 2128, 2129, 2130, 2131, 2132, 2133, 2134, 2135, 2136, 2137, 2138, 2139, 2140, 2141, 2142, 2143, 2145, 2146, 2147, 2148, 2149, 2150, 2151, 2152, 2153, AND 2154 OF BLOCK GROUP 2 OF TRACT 85.53; BLOCK GROUP 2 AND BLOCKS 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, AND 1037 OF BLOCK GROUP 1 OF TRACT 85.62; BLOCK GROUP 1 OF TRACT 87.06; BLOCK GROUP 1 OF TRACT 88.01; BLOCK GROUP 1 AND BLOCKS 2000, 2001, 2002, 2003, 2004, 2005, AND 2006 OF BLOCK GROUP 2 AND BLOCKS 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3018, 3019, 3020, 3021, 3022, 3025, 3026, 3034, 3035, AND 3036 OF BLOCK GROUP 3 OF TRACT 88.02. (II) ARAPAHOE COUNTY: TRACTS 49.51, 49.52, AND 151; BLOCKS 2000 OF BLOCK GROUP 2 OF TRACT 67.12. (III) DENVER COUNTY: TRACTS 1.02, 3.01, 3.02, 3.03, 4.01, 4.03, 4.04, 5.01, 5.03, 5.04, 6, 7.03, 7.04, 7.05, 7.06, 8, 9.02, 9.03, 9.04, 9.05, 10, 11.01, 11.02, 13.01, 13.02, 16.01, 16.02, 16.03, 17.03, 17.04, 17.05, 17.06, 17.07, 18, 19.01, 20, 21.01, 21.02, 23, 24.02, 24.04, 24.05, 26.02, 26.03, 26.04, 27.04, 27.05, 27.06, 27.07, 27.08, 27.09, 28.01, 28.02, 28.04, 28.05, 29.01, 29.02, 30.02, 30.03, 30.04, 31.01, 31.02, 32.02, 32.03, 32.04, 32.05, 33, 34.01, 34.02, 36.01, 36.03, 37.01, 37.02, 37.03, 38.01, 38.02, 39.01, 39.02, 40.02, 40.03, 40.04, 40.05, 40.06, 41.01, 41.02, 41.03, 41.04, 41.09, 41.11, 42.01, 42.02, 43.02, 43.03, 43.06, 43.07, 43.08, 43.09, 43.10, 44.04, 44.06, 44.07, 45.03, 45.04, 45.05, 45.06, 50.01, 50.03, 50.04, 26 51.02, 51.04, 53, 67.01, 68.04, 68.10, 68.12, 68.13, 68.14, 68.15, 68.16, 68.17, 68.18, 69.02, 69.03, 70.06, 70.37, 70.88, 70.90, 70.91, 83.04, 83.05, 83.06, 83.12, 83.86, 83.87, 83.88, 83.89, 83.90, 83.91, 153, 154, 155, 158, 9800.01, 9801, AND 9802; BLOCK GROUPS 3, AND 4 AND BLOCKS 2002, 2003, 2015, 2016, 2027, 2028, 2031, 2032, 2033, AND 2034 OF BLOCK GROUP 2 OF TRACT 2.02; BLOCKS 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, AND 3023 OF BLOCK GROUP 3 AND BLOCKS 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029, AND 4030 OF BLOCK GROUP 4 OF TRACT 15; BLOCK GROUP 2 AND BLOCKS 1000, 1001, 1002, 1003, 1005, 1006, 1013, 1014, AND 1015 OF BLOCK GROUP 1 OF TRACT 30.05; BLOCK GROUPS 2, AND 3 AND BLOCKS 1000, 1001, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1013, 1014, 1015, 1016, 1017, 1018, AND 1019 OF BLOCK GROUP 1 OF TRACT 30.06; BLOCK GROUPS 2, 3, 4, AND 5 AND BLOCKS 1000, 1001, 1005, 1006, 1007, 1008, 1012, 1013, 1014, 1017, 1018, 1019, 1020, 1021, AND 1022 OF BLOCK GROUP 1 OF TRACT 36.02; BLOCKS 2005 OF BLOCK GROUP 2 OF TRACT 41.10; BLOCKS 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1047, 1048, 1049, 1050, 1053, 1054, 1058, AND 1059 OF BLOCK GROUP 1 OF TRACT 41.13; BLOCK GROUPS 1, AND 2 AND BLOCKS 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, AND 3024 OF BLOCK GROUP 3 OF TRACT 44.03; BLOCK GROUPS 1, AND 4 AND BLOCKS 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2013, AND 2014 OF BLOCK GROUP 2 AND BLOCKS 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3016, 3017, 3018, AND 3019 OF BLOCK GROUP 3 OF TRACT 52; BLOCK GROUPS 2, AND 3 AND BLOCKS 1000, 1001, 1002, 1003, 1004, 1010, 1011, AND 1012 OF BLOCK GROUP 1 OF TRACT 70.13. (b) THE SECOND CONGRESSIONAL DISTRICT SHALL CONSIST OF THE COUNTIES OF GRAND COUNTY, JACKSON COUNTY, MOFFAT COUNTY, RIO BLANCO COUNTY, AND ROUTT COUNTY AND THE FOLLOWING PORTIONS OF THE FOLLOWING COUNTIES: (I) BOULDER COUNTY: TRACTS 121.01, 121.03, 121.04, 121.05, 121.06, 121.07, 122.01, 122.04, 122.05, 122.06, 122.07, 122.08, 123, 124.01, 125.01, 125.05, 125.07, 125.08, 125.09, 125.10, 125.11, 126.03, 126.05, 126.08, 126.09, 126.10, 127.01, 127.05, 127.07, 127.08, 127.09, 127.10, 128.01, 128.02, 129.03, 129.04, 129.05, 129.07, 130.03, 130.04, 130.05, 130.06, 132.01, 132.02, 132.05, 132.07, 132.08, 132.10, 132.11, 132.12, 132.14, 132.15, 133.02, 133.05, 133.06, 133.07, 133.08, 134.01, 134.02, 135.03, 135.05, 135.06, 135.07, 135.08, 136.01, 136.02, 137.03, 137.04, 137.05, 137.06, 606.01, 606.02, 607, 608.02, 609, 613, AND 614; BLOCK GROUPS 2, AND 3 AND BLOCKS 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, AND 1015 OF BLOCK GROUP 1 OF TRACT 608.01. 27 (II) BROOMFIELD COUNTY: TRACT 9801. (III) EAGLE COUNTY: BLOCKS 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1016, 1017, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1145, 1167, 1171, 1183, 1184, 1185, AND 1192 OF BLOCK GROUP 1 OF TRACT 1; BLOCK GROUP 3 AND BLOCKS 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1030, 1031, 1041, 1042, 1043, 1044, 1045, 1047, AND 1048 OF BLOCK GROUP 1 OF TRACT 4.01; BLOCKS 2000, 2001, 2003, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2019, 2023, 2026, 2055, 2056, 2094, 2095, 2096, 2097, AND 2098 OF BLOCK GROUP 2 OF TRACT 4.04; BLOCKS 1003, 1004, 1005, 1008, 1009, AND 1015 OF BLOCK GROUP 1 OF TRACT 5.01; BLOCK GROUPS 1, AND 2 AND BLOCKS 3000, 3001, AND 3004 OF BLOCK GROUP 3 OF TRACT 5.04; BLOCK GROUP 1 AND BLOCKS 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, AND 2035 OF BLOCK GROUP 2 OF TRACT 5.05; BLOCKS 1020 OF BLOCK GROUP 1 OF TRACT 7.01; BLOCKS 1000 OF BLOCK GROUP 1 AND BLOCKS 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2024, 2027, 2028, 2029, 2033, 2034, 2035, 2036, 2037, 2039, 2040, 2041, 2042, 2046, 2048, 2060, 2061, AND 2062 OF BLOCK GROUP 2 OF TRACT 7.02; BLOCKS 1000, 1001, 10