Page:Colorado State Constitution (2020).pdf/45

 upon proclamation of the Governor, December 19, 2018. See L. 2019, p. 4542.

Section 44.5.Supreme court review. (1) The supreme court shall review the submitted plan and determine whether the plan complies with the criteria listed in section 44.3 of this article V. The court's review and determination shall take precedence over other matters before the court. The supreme court shall adopt rules for such proceedings and for the production and presentation of supportive evidence for such plan. Any legal arguments concerning such plan must be submitted to the supreme court pursuant to the schedule established by the court.

(2) The supreme court shall approve the plan submitted unless it finds that the commission or nonpartisan staff, in the case of a staff plan submitted in the absence of a commission-approved plan, abused its discretion in applying or failing to apply the criteria listed in section 44.3 of this article V, in light of the record before the commission. The supreme court may consider any maps submitted to the commission in assessing whether the commission or nonpartisan staff, in the case of a staff plan submitted in the absence of a commission-approved plan, abused its discretion.

(3) If the supreme court determines that the submitted plan constitutes an abuse of discretion in applying or failing to apply the criteria listed in section 44.3 of this article V, in light of the record before the commission, the supreme court shall return the plan to the commission with the court's reasons for disapproval.

(4) (a) By November 1 of the redistricting year, the supreme court shall approve the plan submitted or return the plan to the commission.

(b) If the court returns the plan to the commission, the commission shall have twelve days to hold a commission hearing that includes public testimony and to return an adopted plan that resolves the court's reasons for disapproval.

(c) If the commission fails to adopt and return a plan to the court within twelve days, nonpartisan staff shall have an additional three days to prepare a plan that resolves the court's reasons for disapproval and return it to the court for approval.

(d) The supreme court shall review the revised plan in accordance with subsections (1), (2), and (3) of this section.

(5) The supreme court shall approve a plan for the redrawing of congressional districts no later than December 15 of the redistricting year. The court shall order that such plan be filed with the secretary of state no later than such date.

Source: Referred 2018: Entire section added, Amendment Y, L. 2018, p. 3094, effective upon proclamation of the Governor, December 19, 2018. See L. 2019, p. 4542.

Section 44.6.Severability. If any provision of sections 44.1 through 44.5 of this article V is found by a court of competent jurisdiction to be unconstitutional, or if any application of these sections is found by such a court to be unconstitutional, such invalidity shall not affect other provisions or applications of the remaining provisions of these sections that can be given effect without the invalid provision or application. The provisions of sections 44.1 through 44.5 of this article V are deemed and declared severable.

Source: Referred 2018: Entire section added, Amendment Y, L. 2018, p. 3094, effective upon proclamation of the Governor, December 19, 2018. See L. 2019, p. 4542.

Colorado Revised Statutes