Requirements for Off-Cycle Congressional Redistricting

Colorado has never successfully redrawn its congressional districts outside the normal ten-year cycle, and in 2021, the state's independent commission redrew the map to add a newly apportioned eighth district.

Historically, mid-decade redistricting has not been allowed in Colorado. In 2003, state lawmakers passed a new congressional map outside the normal schedule, but the Colorado Supreme Court struck it down, ruling that the state constitution permits redistricting only once per decade following the census. More recently, a proposed ballot measure sought to redraw districts for the 2028 election, but the state Supreme Court blocked it from reaching the ballot. Amendment 86 was introduced to establish strict rules if an off-cycle redraw is ever attempted.

Nationally, mid-decade redistricting is becoming more common. According to PolicyMap and Ballotpedia, ten states adopted new congressional maps outside the normal cycle between summer 2025 and August 2026.

During the regular 2021 redistricting cycle, the process changed significantly. Following the 2020 U.S. Census, Colorado gained an eighth congressional seat due to population growth. For the first time, the newly created Independent Congressional Redistricting Commission, established by voters in 2018, drew the map instead of the state legislature. The commission finalized the boundaries for all eight districts, which the Colorado Supreme Court approved in November 2021.

Off-cycle congressional redistricting, which means redrawing district maps before the next ten-year census, was extremely rare for most of the 20th century but has recently become common nationwide.

In Colorado, lawmakers attempted a mid-decade redraw in 2003. The Colorado Supreme Court struck it down in People ex rel. Salazar v. Davidson. The court ruled that the state constitution only permits redistricting once per decade following the federal census. More recently, in June 2026, the state Supreme Court struck down five proposed citizen ballot initiatives that would have redrawn Colorado's congressional districts for the 2028 elections.

Nationally, the U.S. Supreme Court ruled in 2006 that federal law does not prohibit mid-decade redistricting, leaving the decision to individual states. According to a September 2026 tracker by the National Conference of State Legislatures, the following 10 states have changed their congressional maps since the summer of 2025: * Alabama, California, Florida, Louisiana, Missouri, North Carolina, Ohio, Tennessee, Texas, and Utah.

Supporters of off-cycle redistricting argue it allows states to protect communities of interest and adjust to demographic realities. Opponents argue it breaks long-standing political norms and is often used by state legislatures to secure a partisan advantage before the next census.

Under current law, an off-cycle congressional redistricting in Colorado requires a statewide ballot measure amending the state constitution.

Federal law allows states to redraw their congressional districts in the middle of a decade. These districts are regions that each elect one person to the U.S. House of Representatives. In 2006, the U.S. Supreme Court ruled in League of United Latin American Citizens v. Perry that federal law permits mid-decade redistricting.

However, Colorado law is stricter. In 2003, the Colorado Supreme Court ruled in People ex rel. Salazar v. Davidson that the state constitution prohibits redrawing maps more than once per decade. In 2018, voters amended the constitution to assign this once-a-decade task to an independent commission.

Because the constitution limits redistricting to the year following the census, any mid-decade redraw requires a new constitutional amendment. In 2026, a group proposed ballot measures to temporarily suspend the commission and adopt a new map. The Colorado Supreme Court struck those measures down.

Supporters of Amendment 86 say it provides insurance against future attempts to bypass the commission. Skeptics note that the state legislature has shown no interest in a mid-decade redraw, making the measure a solution in search of a problem.

Most states with independent redistricting commissions restrict mid-decade redraws of congressional maps, typically only allowing them if a court orders a new map to resolve a legal challenge.

According to the National Conference of State Legislatures, state constitutions generally tie independent commissions to the decennial census cycle. How specific states handle the rest of the decade varies: * In Michigan, the Independent Citizens Redistricting Commission enters a dormant status after adopting maps and only reconvenes mid-decade if a court orders a redraw. * In New York, the state constitution explicitly prohibits mid-decade redistricting, though the commission can be convened to replace temporary maps drawn by a court. * In Arizona, the constitution requires the independent commission to be established in years ending in one to draw maps for the decade.

Because there is no federal law banning mid-decade redistricting, some state legislatures have recently bypassed their commissions. In California, the legislature placed a constitutional amendment on the November 2025 ballot (Proposition 50) that voters approved, allowing lawmakers to temporarily bypass the state's independent commission to enact a new congressional map through 2030. In Utah, the legislature repealed a voter-approved independent commission to draw its own map, though a state court blocked the legislature's map in 2025.

If an off-cycle redistricting occurs, the estimated $370,000 in commission funding would come from the state's Legislative Department budget.

According to the 2026 Colorado Legislative Council "Blue Book" fiscal note, this money would cover the costs to: * Staff the commission * Reimburse the independent commissioners * Hire legal counsel

The 2026 fiscal note also anticipates a small workload increase for the Judicial Department, as the Colorado Supreme Court would need to review and adopt the new maps.

Currently, Colorado redraws its eight congressional districts once every ten years after the federal census. Amendment 86 would require the state's independent redistricting commission to approve any mid-decade changes. The measure prohibits off-cycle maps drawn to intentionally favor a political party or unnecessarily divide communities.

Opponents of the measure argue that mid-decade redistricting should not happen at all, making this framework and its potential costs unnecessary. Supporters argue that if an off-cycle redraw is ever attempted, spending this money is a necessary safeguard to protect the independent process and prevent partisan map drawing.

Under the Colorado Constitution, a community of interest is defined as any group of people living reasonably close together who share substantial interests that could be the subject of federal legislation, and who should be kept in a single district to ensure fair representation.

The state constitution lists specific examples of what can unite these groups. These include shared public policy concerns related to urban, rural, agricultural, industrial, or trade areas. It also covers issues like education, employment, the environment, public health, transportation, and water needs, as well as racial, ethnic, and language minority groups.

Crucially, the law explicitly states that a community of interest cannot be based on relationships with political parties, current elected officials, or political candidates. This definition was added to the state constitution by voters in 2018 when they created the independent redistricting commissions. If the 2026 ballot measure passes, this same definition would apply to any off-cycle congressional maps to ensure they do not needlessly divide these groups or intentionally favor a political party.