BOB BEAUPREZ, STEVE MILLER, SUE MITCHELL, CHERI OFNER, PAUL SCHAUER, SCOTT TIPTON, and GERALD GROSWOLD, v. RITA AVALOS, LORI FOX, DAN FRIESEN, ANN KNOLLMAN, RICK SWAIN, and TONY YOUNG
No. 02SC87
COLORADO SUPREME COURT
March 13, 2002 Affirmed
This case involves the redistricting of the Colorado congressional districts pursuant to the results of the 2000 census, which determined that Colorado is entitled to a seventh representative in the United States House of Representatives. On January 25, 2002, the Denver District Court ("the district court") issued an order decreeing that the current congressional districts as set forth in section 2-1-101, 1 C.R.S. (2001), are unconstitutional and that the Secretary of State of Colorado, Donetta Davidson ("Davidson") is enjoined from conducting the November 2002 congressional district elections pursuant to the current congressional districts. The district court also adopted a redistricting map originally proposed by the Republican leadership, but as modified by the plaintiffs below ("the Avalos plaintiffs"), known as the Amendment to Republican Leadership map ("ARL map").
Petitioners here, intervenors below ("Beauprez"), 1 appealed to the court of appeals, but asked us to issue a writ of certiorari before argument and judgment in that court. On February 7, 2002, we granted certiorari. We now address the following issues: (1) whether the district court properly found that it had jurisdiction in this matter; (2) whether the district court diluted minority voting strength contrary to the Voting Rights Act, 42 U.S.C. § 1971 (1988), and the United States Constitution; (3) whether the district court contravened the requirements of section 47 of the Colorado Constitution; and (4) whether the district court contravened the constitutional mandate regarding the enactment of legislation found in Articles III, IV, and V of the Colorado Constitution. On February 26, 2002, we issued an order and mandate affirming the district court's adoption of the ARL map. We did so before issuing an opinion to expedite the process of determining the new congressional districts and to give the appropriate officials adequate time to prepare for the upcoming elections. In that order, we stated that a written opinion would follow in the near future. This is our opinion explaining the order and mandate of February 26, 2002.