Page:Colorado State Constitution (2020).pdf/59

 outside of the commission's control require such an adjustment to ensure adopting a final plan as required by this subsection (5).

(d) The commission may grant its nonpartisan staff the authority to make technical de minimis adjustments to the adopted senate and house plans prior to their submission to the supreme court.

(6) If, for any reason, the commission does not adopt a final plan for both houses of the general assembly by the date specified in subsection (5) of this section, then nonpartisan staff shall submit the unamended third staff plan to the supreme court for review pursuant to section 48.3 of this article V. If the commission approves a plan for one house of the general assembly but not the other house, then the plan for the approved house shall be submitted to the supreme court as the final plan for that house, and the unamended third staff plan shall be submitted to the supreme court as the final plan for the house for which the commission did not approve a plan.

Source: Referred 2018: Entire section added, Amendment Z, L. 2018, p. 3107, effective upon proclamation of the Governor, December 19, 2018. See L. 2019, p. 4543.

Section 48.3.Supreme court review. (1) The supreme court shall review the submitted plans and determine whether the plans comply with the criteria listed in section 48.1 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 plans. Any legal arguments concerning such plans shall be submitted to the supreme court pursuant to the schedule established by the court.

(2) The supreme court shall approve the plans 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 48.1 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 state senate plan or the submitted state house of representatives plan constitutes an abuse of discretion in applying or failing to apply the criteria listed in section 48.1 of this article V, in light of the record before the commission, the supreme court shall return the respective plan to the commission with the court's reasons for disapproval.

(4) (a) By November 15 of the redistricting year, the supreme court shall approve or return to the commission the submitted state senate plan and the submitted state house of representatives plan.

(b) If the court returns a 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. Colorado Revised Statutes 2020