Republicans asked a three- judge panel Wednesday to re instate a congressional redistricting plan drawn by the GOP-controlled legislature in the 2003 session.
At the same hearing, the Colorado attorney general’s office said the case should be dismissed.
The current battle in federal court erupted after the Colorado Supreme Court held that the 2003 legislative-redistricting plan violated the Colorado Constitution. The high court said redistricting can happen just once a decade.
The justices ordered future elections be held in accordance with a court-ordered redistricting plan written in 2002.
But Republicans charged that the 2002 plan favored Democrats. They turned to federal courts to overturn the state Supreme Court ruling.
Democrats contended that the 2003 plan would have favored GOP candidates in five of Colorado’s seven congressional districts and was incompatible with the state constitution.
In asking that the case be dismissed, Colorado Assistant Attorney General Monica Marquez said voters have not been harmed by the current 2002 judge-drawn congressional districting plan.
As long as citizens can vote and their votes are counted, Marquez said, “it doesn’t matter who draws the boundaries.”
One of the people seeking to overturn the Colorado Supreme Court ruling is voter Keith Lance.
Lance said the redistricting plan adopted by the Denver District Court in 2002 and subsequently upheld by the Colorado Supreme Court denied him the right to vote in the districts created by the legislature.
The 2002 redistricting plan places Lance, he said, in the 3rd Congressional District and divides Otero County, where he lives, between the 3rd and 4th districts.
Lance said that dilutes the voice of all Otero residents. The redistricting plan adopted by the Colorado General Assembly in 2003 kept Otero County whole, he said.
Brett Lilly, Lance’s attorney, told the judges Wednesday that under the U.S. Constitution, congressional districts for federal elections are to be drawn by state legislatures.
A redistricting plan in Texas was upheld by the U.S. Supreme Court last month, but some don’t believe that ruling affects Colorado because the state’s constitution has specific provisions on redistricting, while Texas’ doesn’t.
The judges did not rule on Wednesday’s requests.
Staff writer Howard Pankratz can be reached at 303-820-1939 or hpankratz@denverpost.com.
