{"id":48933,"date":"2021-01-28T22:48:30","date_gmt":"2021-01-29T05:48:30","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/u-s-census-delays-threaten-to-upend-colorados-redistricting-process\/"},"modified":"2026-03-31T03:45:07","modified_gmt":"2026-03-31T09:45:07","slug":"u-s-census-delays-threaten-to-upend-colorados-redistricting-process","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/u-s-census-delays-threaten-to-upend-colorados-redistricting-process\/","title":{"rendered":"U.S. census delays threaten to upend Colorado\u2019s redistricting process"},"content":{"rendered":"\n

\"The
The boundaries of Colorado\u2019s current seven congressional districts. The state is expected to add an eighth congressional seat in 2022 because of population growth. The new map is likely to have major ripple effects across the political landscape.<\/span>Durango Herald file<\/span><\/figcaption><\/figure>\n<\/p>

Delays by the U.S. Census Bureau in sharing detailed population data are threatening to upend Colorado\u2019s new redistricting process ahead of the 2022 election, injecting uncertainty into a politically fraught undertaking that will affect the state\u2019s political landscape for the next decade.<\/p>\n

Because of slowdowns related to COVID-19, the Trump administration\u2019s failed efforts to add a citizenship question to the 2020 census and data anomalies, the Census Bureau isn\u2019t expected to provide the population information to Colorado until sometime this summer. The data was supposed to be in by March 31 \u2013 at the latest.<\/p>\n

The delay means it\u2019s unlikely that two new, independent commissions will have enough time to redraw Colorado\u2019s legislative and congressional maps in time to meet September deadlines set in the state constitution when voters passed amendments Y and Z in 2018. The amendments were sent to voters by the Legislature and completely overhauled the way districts are drawn in Colorado.<\/p>\n

If the deadlines aren\u2019t met, nonpartisan legislative staff members will draw the new maps instead, putting a big damper on the intent of amendments Y and Z and the bipartisan, much-heralded agreement that led to their passage. The amendments are aimed at removing political maneuvering around the once-in-a-decade redistricting and giving the public more say in the task.<\/p>\n

\u201cThere was not just bipartisan support, but unanimous support among the 100 legislators (for the new process). And both Y and Z passed by wide margins,\u201d said Senate Minority Leader Chris Holbert, R-Parker. \u201cIt\u2019s a shame that we are in this situation.\u201d<\/p>\n

Top lawmakers in the Colorado General Assembly are now scrambling to respond and salvage the new redistricting process. The stakes are high, with Colorado expected to add an eighth congressional seat in 2022 because of population growth and partisan power at the statehouse potentially hanging in the balance.<\/p>\n

The new problems with the redistricting process come after state officials initially struggled to get enough applicants to be on the legislative and congressional map-drawing committees. There were also concerns that not enough applicants from underrepresented groups sought to serve on the panels, whose members are being selected by judges in the coming weeks.<\/p>\n

Colorado isn\u2019t the only state where redistricting plans are in trouble because of Census Bureau delays. The National Conference of State Legislatures reports that New Jersey and Virginia were planning to redraw their legislative districts ahead of elections this year. Meanwhile, California, Missouri, Maine, Ohio, South Dakota and Washington all have constitutional redistricting deadlines in the coming months ahead of the 2022 election, similar to Colorado\u2019s.<\/p>\n

Texas\u2019 Legislature may have to be called into a special session because of the Census Bureau\u2019s slowdown.<\/p>\n

Colorado\u2019s nonpartisan redistricting commission staff members informed top legislative leaders Monday about why the delays are so problematic.<\/p>\n

\u201cWe knew for a little while now that the timeline was going to be called into question because of the census,\u201d said Senate Majority Leader Steve Fenberg, D-Boulder. \u201cIt\u2019s become much more clear now the impact.\u201d<\/p>\n

The detailed population numbers were expected to arrive by March 31, officials said, but the data now may not arrive until July 31 \u2013 if not later.<\/p>\n

\u201cThe Census Bureau has more or less acknowledged that they won\u2019t be able to meet that deadline,\u201d Jerry Barry, a nonpartisan staffer with the Office of Legislative Legal Services, told top lawmakers Monday. \u201cWe have heard that it will be sometime this fall.\u201d<\/p>\n

Barry recommended that leading Democrats and Republicans quickly draft a bill to push back the map-drawing deadlines \u2013 now set at Sept. 1 for congressional districts and Sept. 15 for legislative ones \u2013 and then ask the Colorado Supreme Court to weigh in about whether state lawmakers can legally pass a measure altering the constitutional deadlines.<\/p>\n

The Legislature does not inherently have the power to alter the state constitution by passing a bill. That\u2019s why lawmakers will have to ask the state Supreme Court if, given the extenuating circumstances, the alterations are OK.<\/p>\n

\u201cThe only avenue the Legislature has, because we don\u2019t have the authority to amend the constitution and there isn\u2019t time to refer a question to the voters, (is to seek) an opinion,\u201d Holbert said.<\/p>\n

Because of the pandemic, the Colorado Supreme Court allowed the Legislature last year to sidestep its constitutional requirement to meet for 120 consecutive days. The Legislature\u2019s lawyers see the request to alter the redistricting deadlines as being similar.<\/p>\n

(The Colorado Supreme Court is required to review the final maps and approve or reject them by the end of 2021 and pass them along to the Colorado Secretary of State\u2019s Office.)<\/p>\n

Holbert said lawmakers might have anticipated delays in census data being reported when drafting amendments Y and Z and provided some flexibility around the deadlines. But at this point, the only thing to do is find a way to respond. And his Democratic colleagues agree.<\/p>\n

\u201cWe are just where we are,\u201d said House Speaker Alec Garnett, D-Denver. \u201cSo, let\u2019s figure out a way to move forward.\u201d<\/p>\n

It\u2019s unclear how long the Legislature would seek to push back the map-drawing deadlines. Fenberg said if it\u2019s a month or two, there really wouldn\u2019t be that much of a difference.<\/p>\n

Such an extension, however, would give candidates less time to decide which races to run in and likely create an even more frantic election cycle. A number of top politicians are watching closely to see where Colorado\u2019s eighth congressional district is drawn. The new map is likely to have major ripple effects across the political landscape.<\/p>\n

Fenberg is trying to find the silver lining. \u201cI don\u2019t think it\u2019s the end of the world,\u201d he said of a possible delay. \u201cIt might be, frankly, a positive thing.\u201d<\/p>\n

Fenberg says the pandemic will make it difficult for the independent redistricting commissions to meet and get statewide input since in-person gatherings are still frowned upon.<\/p>\n

\u201cThere\u2019s all kinds of reasons why right now is not a great period to be kicking off the redistricting process,\u201d Fenberg said.<\/p>\n

The upshot for proponents of the redistricting changes are that even with the delays, the process will not be in the hands of the Legislature as was the case before amendments Y and Z. Even if the independent panels can\u2019t draw the maps, nonpartisan legislative staff will take the reins, meaning the influence of party politics will still be minimized.<\/p>\n

The downside is it will be difficult to solicit and consider public input in the way amendments Y and Z envisioned.<\/p>\n

\u201cIt might not look exactly like the way we planned it when we wrote Y and Z,\u201d Fenberg said, \u201cbut there\u2019s still going to be some big changes.\u201d<\/p>\n

The Colorado Sun is a reader-supported, nonpartisan news organization dedicated to covering Colorado issues. To learn more, go to coloradosun.com<\/a>.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

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