Colorado voters will not have the opportunity to vote on ballot initiatives that proposed altering the state's congressional districts in ways that could favor Democrats. The Colorado Supreme Court on Monday invalidated a series of proposed ballot initiatives that would have allowed for new U.S. House districts for the 2028 and 2030 elections, bypassing the state's independent redistricting commission.
In its ruling, the court stated that the measures violated the state constitution by addressing multiple subjects. This decision represents another obstacle for Democrats in the broader national redistricting landscape, which can influence control of Congress. Previously, court decisions in Virginia and New York invalidated Democratic redistricting efforts targeting midterm elections, though further attempts may be made before 2028. Concurrently, the U.S. Supreme Court's decisions have weakened federal Voting Rights Act protections, potentially enabling Republicans in Southern states to redraw districts previously favoring Black voters.
Redistricting typically occurs after a decennial census. However, a mid-decade redistricting effort was initiated by former President Donald Trump, who encouraged Republicans in Texas to redraw congressional maps to gain seats. Other Republican-led states followed suit, and Democratic-led states initiated counter-efforts. Ultimately, Republicans were successful in more states, with new districts designed to potentially secure up to 10 additional seats in the upcoming November elections.
Under the map established by the 2020 census's independent redistricting commission, Colorado's U.S. House delegation is evenly divided with four Democrats and four Republicans. Altering these districts before the next census would require a constitutional amendment.
A Democratic-backed amendment proposed mid-decade redistricting and new district configurations intended to help Democrats secure up to three additional seats. Supporters presented two approaches: a single amendment encompassing both proposals, and a pair of initiatives that separated the redistricting authorization from the new map, which would only take effect if both passed. The Colorado Supreme Court found both versions to be in violation of the multi-subject prohibition.
Identical Republican-backed ballot initiatives, submitted as a countermeasure to the Democratic proposals, were also invalidated by the court on the same grounds.