Colorado Supreme Court throws wrench in Dems' gerrymandering

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Democrats spearheading a gerrymandering effort in Colorado ahead of the 2028 elections are worrying that any delay by the state supreme court in ruling on the validity of their ballot measures may hamper the push.

Colorado Democrats hope to establish up to three new Democratic-favoring congressional districts ahead of 2028, according to The New York Times. Before the Centennial State can adopt any such redrawn congressional map, however, voters must approve two ballot measures, the outlet reported.

One of the new ballot initiatives would green-light mid-decade redistricting in Colorado. The second would allow the state to use a temporary, partisan congressional map for the 2028 and 2030 elections, circumventing the independent redistricting commission until new maps are unveiled after the next census, according to the outlet. The two ballot measures reached the Colorado Supreme Court after Republicans filed a lawsuit in an effort to block them. Both parties are still waiting on the court’s decision over 50 days later, the outlet reported.

“The delay creates uncertainty amongst petition signers, volunteers and supporters about the viability of the measure, and further erodes the fundamental right to the initiative power,” backers of the redistricting effort claimed in a Tuesday court filing aiming to speed up the court’s decision, The New York Times reported.

Scott Gessler, a lawyer for the Republicans opposing the redistricting measures, told the outlet in an email that he did not believe the court’s timing was particularly unusual, especially if it plans to issue a written opinion.

“That takes much longer,” Gessler told the outlet. “I think the timeline clearly shows that the court will issue a written opinion.”

Curtis Hubbard, a spokesman for Coloradans for a Level Playing Field, which is backing the gerrymandering push, told the outlet that the Colorado Supreme Court’s “foot-dragging risks stripping voters of their chance to weigh in on the most important issues in this election.”

“If the court can effectively run out the clock on citizen initiatives, it casts a dark cloud over the entire process,” Hubbard continued.

While the Colorado Supreme Court is nonpartisan, each of its current seven members were appointed by Democratic governors, the outlet notes.

Both of the ballot measures need about 125,000 signatures from registered voters in the state, and the final deadline for signatures to make it on the November ballot is Aug. 3, according to the outlet.

“By tying the two initiatives together through use of the effective date clauses, the proponents are connecting two separate subjects, in violation of the single-subject requirement,” Gessler stated. “This is effectively a way to avoid the single-subject requirement by forcing voters to accept or reject both initiatives as a package deal.”

Colorado Democrats’ ongoing redistricting push comes after California voters approved Proposition 50 in November 2025 in response to Texas redrawing its congressional districts to create more Republican seats. Prop 50 in part “proposes new lines for many of California’s 52 congressional districts, which would negate the five Republican seats drawn by Texas,” according to the state’s Democratic Party.

“Republicans have demonstrated that their mid-decade gerrymanders will not end after the 2026 midterms, and in the face of that continued threat, Colorado is taking a responsible step by asking the voters to weigh in on the state’s temporary response,” National Democratic Redistricting Committee Chairman Eric H. Holder, Jr. said in a February statement. “Let’s be clear: Colorado did not choose this fight. As Republicans pursue mid-decade gerrymanders in other states, the American people, including Coloradans, will fight back.”

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