This story was produced as part of the Colorado Capitol News Alliance. It first appeared at cpr.org.
The Colorado State Supreme Court has blocked a Democratic attempt to put redistricting in front of the voters this fall to create more Democratic congressional seats, in a win for Republicans.
In three opinions released Monday morning, the court found that all three proposed initiatives that would have allowed voters to decide if the state could use new congressional maps in 2028 violated the “single subject requirement.” The court noted it was a technical decision.
A Democratic-aligned group, Coloradans for a Level Playing Field, filed three proposed ballot measures that were approved by the title board to try and counter GOP mid-decade redistricting. Several Red states have engaged in redistricting this cycle to give their party an advantage in the 2026 midterm elections. The goal in Colorado was to ask voters to temporarily pause the state's independent redistricting commission to draw seven blue seats, leaving only one red district. Currently Colorado’s congressional delegation is evenly split 4-4.
Scott Gessler, legal counsel for the countermeasures to oppose the redistricting, applauded the decision.“Eight years ago, Colorado voters strongly supported an independent redistricting commission,” said Gessler. “Today, the court soundly rejected the Democratic efforts to manipulate the ballot process to overturn Colorado’s nonpartisan redistricting process.”
Across the country, congressional lines have turned into battle lines, as states face off in an unprecedented mid-decade redistricting showdown.
It started when Texas Republicans, acting on the urging of President Donald Trump, redrew their congressional lines to flip seats from blue to red.
Democrats in California responded by approving an emergency ballot measure to temporarily suspend California’s independent redistricting commission and allow for an out-of-season gerrymander.
Curtis Hubbard, a spokesperson for the group pushing the Colorado initiatives, called the decisions “disappointing.”
“While Trump and his MAGA allies regularly sidestep the law and ignore voters, efforts to respond have once again been dealt a legal setback over a technicality,” he said in a statement.
One initiative would have removed the independent congressional commission from the state constitution to state statute. Another would have asked for voters to approve a new map starting in 2028 until after the 2030 census, then the state would revert back to maps created to an independent commission. The third asked voters to amend the state constitution to approve temporary maps.
The proposed map could have netted Democrats three additional House seats.
The Court did not weigh in on the merits of the case, but focused solely on technical issues — constitutional single subject and clear title requirements.
Democratic State Rep. Kenny Nguyen, an early backer of state redistricting efforts said in a text message that he was immensely disappointed in the court’s decision.
“These ballot measures were enacted similar to California’s proposition 50. Voters deserve the right to choose if Colorado wishes to address the nationwide gerrymandering of President Trump,” he said.
